Brief version Advocates understand the idea that “code is speech” to create an impenetrable legal shield around anything built of programming code. When they do this they misunderstand, or misrepresent, free speech law (and rights law in general), which rarely creates such impenetrable shields, the principles that underlie that law, and the ways those principles […]
Typically, those of us concerned about the widespread use of encryption and anonymization technologies like Tor are depicted by crypto advocates as “anti-encryption” or “freedom haters” or “mind-murdering censors” or worse. Despite the level of detail these people can bring to technological matters, they often portray the political options as very stark: either “encryption” or […]
Among the digital elite, one of the more common reactions to the recent shocking disclosures about intelligence surveillance programs has been to suggest that the way to prevent government snooping is to encrypt all of our communications. While I think encryption might be an important part of a solution to the total surveillance problem, it […]
Last Tuesday–not coincidentally, on some accounts, September 11–US Ambassador to Libya Christopher Stevens was killed following an attack on the US Embassy to Libya in Benghazi. The attack, followed by others and by widespread protests against US and other Western diplomatic missions in Egypt and elsewhere in the Middle East, is purported to have been […]
One of the central and most symptomatic of computational slogans is “information wants to be free.” Like most computational ideologies, it’s willfully techno-determinist, almost vitalist, with regard to “what information does,” even if many who recite the slogan may find ways to construe it otherwise. Like many pieces of “wisdom” that circulate in the digital […]