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KibongChoFirstPaper 4 - 16 Mar 2013 - Main.EbenMoglen
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This leaves out the other 40 million South Koreans, who do not find
themselves among the sky people crowded into Seoul. Perhaps it
would be even more correct to say that the Net has helped to
integrate provincial South Koreans better into the culture of
privileged Seoul-dwellers?
| | Online Defamation
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< < |
This essay is based on a complete misunderstanding of how the domain
system works. Why you would respond to your situation by trying to
register a gTLD of .cho at immense expense I cannot begin to imagine.
As of this moment, you could register any of kibongcho.com,
kibongcho.net, kibongcho.org, kibongcho.biz, kibongcho.info, or
kibongcho.us for a few dollars a year, and be
kibong@kibongcho.whatever to your heart's content. Instead you write
an essay considering whether ICANN is or is not likely to make you
Pope. My advice would be to register the domain of your choice and
write a different essay. | > > | It's hard to know how
to apply US principles of free speech, at the comparatively detailed
doctrinal level, to Korean legal phenomena, and hard to apply
concepts more broadly in any reliable mapping, because the two
social systems could hardly be more different. The US Supreme
Court, which has not been particularly interested in or solicitous
of anonymity, has decided its few anonymity cases in the area of
campaign speech, where it is particularly obvious within our terms
of social reference, even to Justices, that anonymity must be
protected by the First Amendment.
But we are also certain since New York Times v. Sullivan, half a
century ago, that limitations on defamation law (not merely
limitations on disclosure of speakers' identities, but on liability
for defamation altogether) are also constitutionally required in
order to ensure "robust, wide-open and uninhibited" public debate.
So if we were really to be applying anything like US concepts, let
alone specific constitutional doctrine, your conclusion would be
difficult to reach.
Instead, we are asking different questions, answerable only within
their own cultural frame. It be helpful, I think, to spell out the
spectrum of positions likely to be taken on the issues within the
Korean discourse. What we need most is to see the span of concepts
that will be employed by all the parties engaged in the argument, in
order to appreciate not what you or I might do with the US law we
know, but what the real values are underlying the various Korean
positions: what the native-speakers of that law talk think they are
saying, and why they think they are saying it. | |
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