Law in Contemporary Society

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DanielHarris-FirstPaper 7 - 22 Mar 2008 - Main.EbenMoglen
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 I propose that the expansion of the Internet is a matter of national security. Countless professors earned their graduate educations using money appropriated in the name of national security, and the Internet is itself a child of ARPA. The versatility of the Internet makes it what weapons inspectors would call a mixed-use technology: a robust network which benefits the military still provides innumerable advantages for civilian uses. Consider the Interstate highway system or the Global Positioning System as examples--my fellow former gamers should also consider the joys of the railroad in Sid Meier's Civilization games. I would approach it from the other side: as the military seems to be happy with current capacity, let the positive speech right provide the initiative for expansion.
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  • Having spent part of this semester giving a version of this argument in my other course over the way, I think your idea good, and viciously hard to sell. For the moment, let me offer a couple of reasons why your closing is a bad idea. (1) Positive rights are hard to develop out of national security. What one gets instead are public privileges. (2) A net built around national security will never offer anonymity, and without anonymity most other rights are not protectible in the 21st century context.

 
 
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Revision 7r7 - 22 Mar 2008 - 20:34:37 - EbenMoglen
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