The Politics of the InternetWeek 3 – Is the Internet Killing Politics?

The Origins of CyberlibertarianismThe Origins of Cyberlibertarianism Libertarian philosophyLibertarian philosophy The Hacker CrackdownThe Hacker Crackdown

The Claims of CyberlibertariansThe Claims of Cyberlibertarians Death of the stateDeath of the state New forms of orderNew forms of order

What actually happenedWhat actually happened States strike backStates strike back

Why were the Cyberlibertarians wrong?Why were the Cyberlibertarians wrong?

The Politics of the InternetWeek 3 – Libertarianism as philosophy

What is Libertarianism?What is Libertarianism? A brand of political philosophyA brand of political philosophy Strong belief in individual rights Strong belief in individual rights

(including right to be different)(including right to be different) Little place for “society”Little place for “society” Very strongly against the stateVery strongly against the state Very much in favor of marketVery much in favor of market

The Politics of the InternetWeek 3 – Cyberlibertarians

CyberlibertariansCyberlibertarians Against government control of the Against government control of the

InternetInternet Saw Internet as an opportunity to Saw Internet as an opportunity to

undermine power of governmentsundermine power of governments Create new social spacesCreate new social spaces Barlow and Post/Johnson are good Barlow and Post/Johnson are good

examplesexamples

The Politics of the InternetWeek 3 – Why cyberlibertarianism?

Why was this so attractive to those involved Why was this so attractive to those involved in the early days of the Internet?in the early days of the Internet?

Some intellectual attractions for innovatorsSome intellectual attractions for innovators The lone individual against society and The lone individual against society and

state (Ayn Rand’s “The Fountainhead”)state (Ayn Rand’s “The Fountainhead”) Internet tended to attract types with Internet tended to attract types with

strong right or left beliefs – little in strong right or left beliefs – little in betweenbetween

The Politics of the InternetWeek 3 – The Hacker Crackdown

But the But the catalyst that catalyst that brought this brought this together was together was the “Hacker the “Hacker Crackdown”Crackdown”

The Politics of the InternetWeek 3 – The Hacker Movement

Hacker movement had started long before Hacker movement had started long before the Internetthe Internet Origins in “phone phreaks” – people who Origins in “phone phreaks” – people who

tried to rip off the phone companies.tried to rip off the phone companies. These people then started to try to break These people then started to try to break

into computersinto computers Some were disgruntled at how corporate Some were disgruntled at how corporate

computer culture was becomingcomputer culture was becoming

The Politics of the InternetWeek 3 – Hackers get politicized

Some hackers began to Some hackers began to target computer target computer companies – ripped off companies – ripped off some of Apple’s software some of Apple’s software and then began to and then began to distribute it.distribute it.

FBI became involved – FBI became involved – started to question people started to question people about this “theft”about this “theft”

One of the people they One of the people they questioned was John Perry questioned was John Perry BarlowBarlow

Cattle RancherCattle RancherRepublican (former)Republican (former)Lyricist for the Lyricist for the Grateful DeadGrateful Dead

The Politics of the InternetWeek 3 – The EFF is organized

Barlow began to organize after being questioned Barlow began to organize after being questioned by the FBIby the FBI

Created an organization, the Electronic Frontier Created an organization, the Electronic Frontier Foundation (EFF) together with others in order to Foundation (EFF) together with others in order to protect “liberty” in cyberspace.protect “liberty” in cyberspace.

People began to get organized – to promote People began to get organized – to promote libertarian ideals, and argue against government libertarian ideals, and argue against government involvement. involvement.

The Politics of the InternetWeek 3 – The Internet as Utopia

Cyberlibertarians were ready and waiting Cyberlibertarians were ready and waiting when the Internet became a big social issuewhen the Internet became a big social issue

Internet was non-organized, non-centralized Internet was non-organized, non-centralized – seemed like a libertarian utopia– seemed like a libertarian utopia

But the Internet didn’t only seem to be But the Internet didn’t only seem to be proof against government interferenceproof against government interference

It might actually begin to undermine It might actually begin to undermine government power across the board. government power across the board.

Declaration of the Independence of Declaration of the Independence of CyberspaceCyberspace

Argued that “social space we are building to Argued that “social space we are building to be naturally independent of the tyrannies be naturally independent of the tyrannies you seek to impose on us. You have no you seek to impose on us. You have no moral right to rule us nor do you possess moral right to rule us nor do you possess any methods of enforcement we have true any methods of enforcement we have true reason to fear.”reason to fear.”

you have no moral right to rule usyou have no moral right to rule us

Normative claim – that governments Normative claim – that governments had no had no rightright to govern people in to govern people in cyberspace.cyberspace.

methods of enforcementmethods of enforcement

Empirical claim – that governments had no Empirical claim – that governments had no methods of enforcing their authoritymethods of enforcing their authority that that people in cyberspace had reason to fear.people in cyberspace had reason to fear.

Why would Barlow (and other Why would Barlow (and other libertarians) argue the latter?libertarians) argue the latter?

The Politics of the InternetWeek 3 – The end of government?

Codes and the Internet seemed to guarantee Codes and the Internet seemed to guarantee the privacy of the individual against the privacy of the individual against governmentgovernment

Could use codes (cryptographic technology) Could use codes (cryptographic technology) to hide important information from to hide important information from governmentgovernment

Could then move this private information Could then move this private information across the world using the Internetacross the world using the Internet

The Politics of the InternetWeek 3 – Death and taxes

May not seem like much … but think about May not seem like much … but think about taxestaxes

What if you could hide your income sources What if you could hide your income sources from the government (cryptography)from the government (cryptography)

Then use the Internet to transfer your Then use the Internet to transfer your money to a foreign countrymoney to a foreign country

But then be able to access your money But then be able to access your money through the Internet when you needed it.through the Internet when you needed it.

The Politics of the InternetWeek 3 – New kinds of money

Cyberlibertarians believed that new forms Cyberlibertarians believed that new forms of money could be created on the Internetof money could be created on the Internet

No need for central banks anymoreNo need for central banks anymore Instead, private actors – companies, maybe Instead, private actors – companies, maybe

even individuals, could create their own even individuals, could create their own forms of moneyforms of money

Again, states would lose out.Again, states would lose out.

The Politics of the InternetWeek 3 – States losing control

What about states’ efforts to regulate the What about states’ efforts to regulate the spread of information?spread of information?

This would disappear.This would disappear. Individuals could swap radical political Individuals could swap radical political

ideas, pornography, whatever, using the ideas, pornography, whatever, using the Internet.Internet.

And there would be very little that states And there would be very little that states could do.could do.

The Politics of the InternetWeek 3 – Data Havens

Some states might take advantage of these Some states might take advantage of these new trends, become “data havens”new trends, become “data havens”

Black holes in the international system – Black holes in the international system – they would take and receive information, they would take and receive information, while guaranteeing not to look at it.while guaranteeing not to look at it.

Because of the usual notions of state Because of the usual notions of state sovereignty, it would be very difficult for sovereignty, it would be very difficult for other governments to do anything about it.other governments to do anything about it.

The Politics of the InternetWeek 3 – Individuals vs the State

Cyberlibertarians argued that not only Cyberlibertarians argued that not only sovereignty, but nature of Internet sovereignty, but nature of Internet empowered individuals against empowered individuals against governmentsgovernments

John Gilmore – “The Net interprets John Gilmore – “The Net interprets censorship as damage and routes around censorship as damage and routes around it.”it.”

Unless any government had nearly Unless any government had nearly complete controlcomplete control of the Internet structure, of the Internet structure, it would be possible for individuals to it would be possible for individuals to work around it.work around it.

The Politics of the InternetWeek 3 – Is the Internet Killing Politics

The Politics of the InternetWeek 3 – Anarchy loosed upon the world

What would replace the state?What would replace the state? Some predicted that the result would be Some predicted that the result would be

anarchyanarchy Lots more lawlessness and social disorderLots more lawlessness and social disorder Everything for sale in a marketized societyEverything for sale in a marketized society William Gibson, “Neuromancer.”William Gibson, “Neuromancer.” Neal Stephenson, “Snow Crash.”Neal Stephenson, “Snow Crash.”

The Politics of the InternetWeek 3 – Individual freedom

But also a lot more social freedomBut also a lot more social freedom A radically individualized societyA radically individualized society Again, John Perry Barlow’s “Declaration”Again, John Perry Barlow’s “Declaration”

No more censorshipNo more censorship No more discriminationNo more discrimination Everyone free to deal with each otherEveryone free to deal with each other

The Politics of the InternetWeek 3 – Self-organized politics

Others had a more subtle take.Others had a more subtle take. David Post’s work (together with David David Post’s work (together with David

Johnson)Johnson) Government’s power would diminish (and Government’s power would diminish (and

perhaps disappear)perhaps disappear) Would be replaced by Would be replaced by self-organizationself-organization Inspiration from IETFInspiration from IETF

The Politics of the InternetWeek 3 – New order

Argued that the Internet was a Argued that the Internet was a fundamentally new space – very different fundamentally new space – very different from national territories of countries.from national territories of countries.

It would neither be possible for states to It would neither be possible for states to control it, nor would it make sense.control it, nor would it make sense.

The Internet was a new space, that would The Internet was a new space, that would need its own rules and authorities.need its own rules and authorities.

The Politics of the InternetWeek 3 – New communities

On the Internet, even in the absence of On the Internet, even in the absence of government enforcement, individuals had government enforcement, individuals had an incentive to adhere to social norms and an incentive to adhere to social norms and protocolsprotocols

Thus, we could expect individuals to create Thus, we could expect individuals to create their own communities, with their own laws their own communities, with their own laws on the Interneton the Internet

These laws would be self-enforcedThese laws would be self-enforced

The Politics of the InternetWeek 3 – Predictions and realities

So, what happened?So, what happened? 10 years after, we do not seem to be in the 10 years after, we do not seem to be in the

world that either Barlow or Post predictedworld that either Barlow or Post predicted Governments have some new problems in Governments have some new problems in

controlling flows of informationcontrolling flows of information But by and large seem to be doing just fineBut by and large seem to be doing just fine

The Politics of the InternetWeek 3 – Real problems for states …

New problems that are difficult to controlNew problems that are difficult to control Terrorist communicationsTerrorist communications Criminal communications (paedophilia)Criminal communications (paedophilia) Problems of conflicting valuesProblems of conflicting values

But governments have had considerable But governments have had considerable success in controlling the Internetsuccess in controlling the Internet

The Politics of the InternetWeek 3 – But not fatal ones

Tax-system is not about to break downTax-system is not about to break down Governments have been able to crack down on potential tax Governments have been able to crack down on potential tax

havens – new agreements through OECD etc.havens – new agreements through OECD etc. Sovereignty hasn’t been that much of an obstacleSovereignty hasn’t been that much of an obstacle Data havens have not sprung up, with exception of Data havens have not sprung up, with exception of

“Sealand”“Sealand”

The Politics of the InternetWeek 3 – Sealand

Sealand A former military structure in the North Sea, which was A former military structure in the North Sea, which was

taken over by Major Paddy Roy Bates in the 1960’s.taken over by Major Paddy Roy Bates in the 1960’s. Declared himself “Prince Roy of Sealand.”Declared himself “Prince Roy of Sealand.” A company called Havenco installed itself on Sealand in A company called Havenco installed itself on Sealand in

2000, and tried to set up a data haven.2000, and tried to set up a data haven. Result was pretty disastrous.Result was pretty disastrous. More emphasis on press-releases than on getting a system More emphasis on press-releases than on getting a system

up and running.up and running. Unwillingness of “authorities” to countenance illegal Unwillingness of “authorities” to countenance illegal

activities.activities. Difficulty in finding customers.Difficulty in finding customers. Worry that powerful states would crack down.Worry that powerful states would crack down.

The Politics of the InternetWeek 3 – Self government?

Self-government is still there – but it plays Self-government is still there – but it plays less of a roleless of a role

The IETF model works – but it has not been The IETF model works – but it has not been extendedextended Instead, we see firms playing a vital role Instead, we see firms playing a vital role

– constraining individuals– constraining individuals Also, government becoming a more Also, government becoming a more

important playerimportant player

The Politics of the InternetWeek 3 – Why were they wrong?

So, why were the cyberlibertarians wrong?So, why were the cyberlibertarians wrong? They believed that the Internet was “naturally They believed that the Internet was “naturally

independent” of governmentsindependent” of governments They were wrongThey were wrong 3 main flaws in their case3 main flaws in their case

Were wrong about the topology of the Internet Were wrong about the topology of the Internet Were wrong about the ‘architecture’ of the Were wrong about the ‘architecture’ of the

InternetInternet Didn’t think about what firms wanted.Didn’t think about what firms wanted.

The Politics of the InternetWeek 3 – Cyberlibertarian errors

Fatal assumption – that the architecture of Fatal assumption – that the architecture of the Internet prevented government controlthe Internet prevented government control

What is architecture?What is architecture? Lessig – The Internet is like a town or Lessig – The Internet is like a town or

building – it has an architecturebuilding – it has an architecture Its shape allows (or encourages) certain Its shape allows (or encourages) certain

kinds of action, and disallows (or kinds of action, and disallows (or discourages) othersdiscourages) others

The Politics of the InternetWeek 3 – Architecture and the Internet

What is the architecture of the Internet?What is the architecture of the Internet? Different at each of the three layersDifferent at each of the three layers Most people approach the Internet indirectly – Most people approach the Internet indirectly –

they don’t have to tackle TCP/IP themselves.they don’t have to tackle TCP/IP themselves. But it too may differ from libertarian assumptionsBut it too may differ from libertarian assumptions Instead, they approach the Internet at the Instead, they approach the Internet at the

application layer – and even there rely on other application layer – and even there rely on other people’s software.people’s software.

The Politics of the InternetCan censorship be routed around?

The Internet as a whole is not a distributed The Internet as a whole is not a distributed network as assumed initially by many network as assumed initially by many cyberlibertarians.cyberlibertarians.

Instead, some nodes are vastly more Instead, some nodes are vastly more important than others – and provide important than others – and provide potential means of control.potential means of control.

Esp. in authoritarian regimes – which can Esp. in authoritarian regimes – which can have gateways blocking access to outside have gateways blocking access to outside world.world.

The Politics of the InternetWeek 3 – AOL

Example – America OnlineExample – America Online Originally had its own network, with an Originally had its own network, with an

architecture that it has built around certain architecture that it has built around certain rules.rules.

““A Walled Garden.”A Walled Garden.” Designed this network in order to make money Designed this network in order to make money

from consumersfrom consumers Didn’t work very well when faced with Internet Didn’t work very well when faced with Internet

– but we may be seeing a return to this model.– but we may be seeing a return to this model.

The Politics of the InternetWeek 3 – Cable and phone companies

In order to access high speed internet, you usually In order to access high speed internet, you usually need to go to a cable company or phone companyneed to go to a cable company or phone company Have their own interests as to what uses are Have their own interests as to what uses are

made of the Internetmade of the Internet Cable companies don’t want to give access to Cable companies don’t want to give access to

other forms of media content – want to keep other forms of media content – want to keep their monopoly, and create toll-roadstheir monopoly, and create toll-roads

Phone companies will want to minimize certain Phone companies will want to minimize certain kinds of communicationkinds of communication

Threatened by VoIPThreatened by VoIP

The Politics of the InternetWeek 3 – A wedge for government

These businesses create a crucial These businesses create a crucial intermediary layer between individuals and intermediary layer between individuals and the Internetthe Internet

Most individuals can’t access the Internet Most individuals can’t access the Internet without themwithout them

And it is here that government may have a And it is here that government may have a valuable point of entryvaluable point of entry

The Politics of the InternetPhone tapping and data retention

Example: in theory it is more difficult to Example: in theory it is more difficult to monitor Internet communications than to monitor Internet communications than to tap phones.tap phones.

But US authorities are increasingly But US authorities are increasingly sophisticated in using technologies to keep sophisticated in using technologies to keep an eye on new communications.an eye on new communications.

FCC policies on VoIP tappingFCC policies on VoIP tapping

The Politics of the InternetPost 9/11 World

This is especially apparent post 9/11.This is especially apparent post 9/11. Many of the freedoms that cyberlibertarians Many of the freedoms that cyberlibertarians

thought would flow naturally from the thought would flow naturally from the Internet are being restricted.Internet are being restricted.

Governments are increasingly willing to Governments are increasingly willing to monitor people’s communications on the monitor people’s communications on the Internet – including countries such as the Internet – including countries such as the US as well as authoritarian regimes.US as well as authoritarian regimes.

The Politics of the InternetWeek 3 – Government tactics

Governments can use law to shape intermediary Governments can use law to shape intermediary layer – even when it is impractical to get at layer – even when it is impractical to get at individualsindividuals Can stop individuals accessing certain websites, Can stop individuals accessing certain websites,

by making Internet Service Providers block by making Internet Service Providers block themthem

Can get Internet Service Providers to block Can get Internet Service Providers to block individuals who swap filesindividuals who swap files

Or prevent individuals from providing certain Or prevent individuals from providing certain kinds of content on the WWW.kinds of content on the WWW.

The Politics of the InternetWeek 3 – ISPs

Example – Internet Service ProvidersExample – Internet Service Providers Don’t often have as elaborate a service as AOLDon’t often have as elaborate a service as AOL But still control whether individuals can access But still control whether individuals can access

the Internet or notthe Internet or not And have been put into service by governmentsAnd have been put into service by governments Many European states ban access to neo-Nazi Many European states ban access to neo-Nazi

websites through blacklists enforced by ISPs.websites through blacklists enforced by ISPs.

The Politics of the InternetWeek 3 – Search Engines

Example – Search servicesExample – Search services Hard to get access to certain kinds of Hard to get access to certain kinds of

information except through search information except through search services.services.

States have started pressuring search States have started pressuring search engine companies to remove access to engine companies to remove access to certain websites.certain websites.

Chinese government and Google.Chinese government and Google.

The Politics of the InternetWeek 3 – Firms, individuals and law

Some firms such as Internet Service Some firms such as Internet Service Providers will resent government actionProviders will resent government action

But other firms or private individuals may But other firms or private individuals may press for government actionpress for government action Owners of copyrighted materials may Owners of copyrighted materials may

press for new legislationpress for new legislation Anti-racist groups may press for anti-hate Anti-racist groups may press for anti-hate

speech measuresspeech measures

The Politics of the InternetWeek 3 – Ruling the waves

Firms may be more likely to invite Firms may be more likely to invite government in when markets begin to government in when markets begin to consolidate (an argument borrowed from consolidate (an argument borrowed from Debora Spar)Debora Spar) Begin with innovatorsBegin with innovators Then pirates come inThen pirates come in Then pirates want to turn respectableThen pirates want to turn respectable

The Politics of the InternetWeek 3 – Pirates, prophets and lawyers

Innovators – are most important when there Innovators – are most important when there is little commercial value involvedis little commercial value involved The academic creators of the Internet and The academic creators of the Internet and

WWWWWW Pirates – come in before the rules are made Pirates – come in before the rules are made

– want to grab as much as they can– want to grab as much as they can But when pirates have won territory they But when pirates have won territory they

want to keep it – want rules (often laws)want to keep it – want rules (often laws)

The Politics of the InternetWeek 3 – Where we are now

Laws are being created – often in response Laws are being created – often in response to pressure from firmsto pressure from firms

Firms want these laws to Firms want these laws to reinforce their reinforce their architecturearchitecture Prevent individuals from using their Prevent individuals from using their

services in ways that lower their profitsservices in ways that lower their profits Guarantee their control of content and Guarantee their control of content and

intellectual copyrightintellectual copyright

The Politics of the InternetWeek 3 – Lessig’s pessimism

What we now often see is a double bindWhat we now often see is a double bind Architecture which is created by firms is Architecture which is created by firms is

now more and more reinforced by lawnow more and more reinforced by law Pirates are hiring lobbyists (Spar)Pirates are hiring lobbyists (Spar) Hence Lessig’s pessimismHence Lessig’s pessimism When law and architecture reinforce each When law and architecture reinforce each

other, there is little scope for individual other, there is little scope for individual freedom – indeed traditional freedoms go.freedom – indeed traditional freedoms go.

The Politics of the InternetWeek 3 – Summary 1

CyberlibertarianismCyberlibertarianism Optimistic view of the InternetOptimistic view of the Internet Would guarantee individual freedom Would guarantee individual freedom

against big business and government.against big business and government. Scope for new forms of community.Scope for new forms of community. The very architecture of the Internet The very architecture of the Internet

would prevent “tyranny” from taking would prevent “tyranny” from taking root.root.

The Politics of the InternetWeek 3 – Summary 2

But failed to take account of important But failed to take account of important factorsfactors Architecture of the Internet not written in Architecture of the Internet not written in

stone – some parts of it being remadestone – some parts of it being remade Firms sometimes have good reason to Firms sometimes have good reason to

emphasize controlemphasize control And so do governmentsAnd so do governments

The Politics of the InternetWeek 3 – Summary 3

Results – increasingly, the “everyday” Results – increasingly, the “everyday” architecture of the Internet is subject to controlarchitecture of the Internet is subject to control

Architecture is increasingly reinforced by lawArchitecture is increasingly reinforced by law Law is increasingly reinforced by architectureLaw is increasingly reinforced by architecture Libertarian ideal of “Freedom” is pushed to the Libertarian ideal of “Freedom” is pushed to the

margins (with some possible exceptions such margins (with some possible exceptions such as Wikipedia – which we will discuss later).as Wikipedia – which we will discuss later).

The Politics of the InternetWeek 3 – What you should know

LibertarianismLibertarianism What it meansWhat it means Cyberlibertarianism (Barlow, Post)Cyberlibertarianism (Barlow, Post) What its understanding of the Internet What its understanding of the Internet

waswas Why its vision did not come to passWhy its vision did not come to pass

The Politics of the InternetWeek 3 – What you should know II

Critiques of cyberlibertarianismCritiques of cyberlibertarianism Lessig – Concept of architectureLessig – Concept of architecture How architecture guides behaviorHow architecture guides behavior How the architecture of the Internet is How the architecture of the Internet is

changingchanging