Governance in the age of Wikileaks — Part 3

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If we are to keep the inter­net as a rel­a­tively free speech zone, we need to start defin­ing some lines we are not will­ing to cross. Much has been said about Visa, Mas­ter­card, Ama­zon, Pay­pal, and oth­ers point­ing to the fine print in their con­tract to jus­tify their action when it came to shut­ting down Wik­ileaks. How­ever, what are we to do if we want to pre­vent future wikileaks-type orga­ni­za­tion to suf­fer the same fates. And if we do not, where will we draw the line when it comes to the press?

Some peo­ple may argue that there is a need for more detailed rights spec­i­fy­ing what type of con­tent is legal and so on but I live that to the courts to decide. The idea here is to cre­ate a frame­work that allows for rights to be man­aged in the very long run. The 3 basic rights, along with the con­tention that “no indict­ment, no vio­la­tion” rep­re­sent, at their most basic level, some­thing we should require of any inter­net ser­vice com­pany. Why not ask your providers to sign on to those basic rights: they would cover them legally while pro­vid­ing the great­est pos­si­ble amount of free­dom for any­one to express them­selves on the internet.

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Governance in the age of Wikileaks — Part 2

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But, as any Spi­der­man fol­lower knows, with great power comes great respon­si­bil­ity. So while we do have a right to free expres­sion and a free press, we, as cit­i­zen do not have a right to abuse. And the free­dom of expres­sion does not con­sti­tute a free pass on law­less­ness under the guise of free expression.

Some have claimed that the actions of anony­mous are a form of civil dis­obe­di­ence. My ques­tion here is simple: if the peo­ple behind anony­mous truly believe that their actions con­sti­tute acts of civil dis­obe­di­ence, why are they per­form­ing them anonymously?

A last ques­tion that I would throw into this mix is the one of motives. The veil of anonymity makes it eas­ier to ques­tion the motives of the anony­mous party. If it is fear of pros­e­cu­tion that forces you to hide, then you are not com­mit­ting an act of dis­obe­di­ence: you are only break­ing the law and being a cow­ard. How­ever, if you are hid­ing because your intents are dif­fer­ent, then you are not only break­ing the law but you are using this merely as a cover up for your true intent and that, in itself, should be enough to pros­e­cute you with no jus­ti­fi­ca­tion for your side.

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Governance in the age of Wikileaks — Part 1

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To date, the odd­est thing I have noticed is that Wik­ileaks, the orga­ni­za­tion, has yet to be charged with any crime yet many actors unre­lated to it have taken its cause to per­form crim­i­nal acts. First and fore­most has been the response from oppo­nents of wik­ileaks. To assume that Ama­zon, Visa, Mas­ter­card, Post­Fi­nance, and Dyn­DNS did not receive some level of exter­nal pres­sure is to be fairly naïve: while each com­pany has found, in its own way a jus­ti­fi­ca­tion for its behav­ior but the com­bined action seems to point to pres­sures being applied out­side of legal channels.

So if Wik­ileaks broke some laws, why not indict it in a court of law, allow­ing it the appro­pri­ate due process. And if it didn’t, why were pres­sures applied? The pre­sump­tion of inno­cence is a cher­ished right in the United States and the United States sup­ports the exten­sion of such a right to the inter­net. So let’s let wik­ileak have its day in court or stop its per­se­cu­tion through non-legal means.

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