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UsmanArainSecondPaper 3 - 10 May 2010 - Main.EbenMoglen
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*Feedback welcome!* | | An example of this type of issue is the right to use the internet anonymously. As a First Amendment matter, anonymous speech has long been regarded as a “shield from the tyranny of the majority.” Accordingly, courts have applied stringent evidentiary standards in deciding whether to grant subpoenas to identify anonymous internet speakers, and groups like the EFF and ACLU work on behalf of anonymous internet users seeking to protect their identities. Shifting from the legal sphere to the public sphere, however, it is less clear whether the mainstream observer agrees that anonymous speech should be so vigorously protected, particularly in light of the profoundly enhanced defamatory potential of Google search results and message boards as compared with pre-internet forums. For example, in the infamous Autoadmit lawsuit, in which two arbitrarily selected law students were relentlessly harassed by anonymous message board posters, the distaste of many for the episode blurred and superseded the academic contemplation of abstract privacy rights. Regardless of our personal policy views of such incidents as students in this seminar, it would behoove us and the pro-privacy movement generally to engage with these emotional reactions to privacy-related issues and search for satisfactory responses, so that we might develop a coherent formulation of the privacy right to wield in current and future debates. | |
> > | Here we have a
self-declared opinion piece, which is helpful, I think, in allowing
us to set our expectations in the same frame as yours. As an
opinion, its functional hypothesis is that the analysis I have
offered was "to warn us about the terrifying long-term consequences
of the ongoing erosion of privacy rights in our society, and to
galvanize us into activism in support of the movement." On that
basis, you conclude that I have been offering you movement strategy,
and you take exception to the strategy you understand me to be
offering.
I think you're knocking down a strawman, as it happens, for reasons
I'll come back to. For now, however, I want to deal with the content
of the argument you present against the strategy you claim I have.
In your view, it's a bad idea in making movement strategy to use
clear examples of the actual problems that the movement is designed
to solve, because the people one needs to attract to the movement are
muddled middlers, who should be communicated with about the messy
ambiguous situations where the goals of your movement have to be
traded off against other concerns, or may not be valid at all. I
admit that I think this argument is self-evidently preposterous. But
as a neutral matter, putting my own starting point aside, when I go
to look for the arguments in its favor, by consilience, from related
disciplines, I have difficulty locating them. Is this the way
political parties and movements historically behave at their
inception? No. Is your strategy the way other civil liberties
movements communicate by preference with their supporters? No. Is
your recommendation in line with the personality psychology of the
people who tend to support and maintain the discipline of civil
liberties organizations? No. Do I find, when I consult my own
experience over the last twenty years as a strategist for some
movement parties in the area of technological liberty any examples of
notable success from approaches like the one you recommend? No. So
I find myself wanting you to give some basis for the opinion you're
expressing.
In fact, however, as I've said, I think the whole thing is boxing
with shadows. The purpose of the course I taught was to equip people
already convinced of the importance of the subject with a range of
consilient intellectual support—from history, technology, media
theory, and even some law—to assist them in understand what the
constitutional situation really is, where the problems are going to
be, and what might be said about them from the perspective of those
most concerned about civil liberties in technological context.
That's not the presentation of strategy, and it's not the recruitment
pitch for people who eat dinner in front of the television. I do
think about strategy for the pro-privacy movement from time to time. My recent thoughts
are
available,
and you could critique them if you want to. I would be very interested in your views.
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Revision 3 | r3 - 10 May 2010 - 22:07:05 - EbenMoglen |
Revision 2 | r2 - 04 May 2010 - 19:07:41 - BrianS |
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