📄 crime and puzzlement.txt
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circumstance. On the other end, free-lancers and ne'er-do-wells cavort about, getting by on luck if they get by at all. However you cast these poles, it comes down to the difference between those who see life as a struggle against cosmic peril and human infamy and those who believe, without any hard evidence, that the universe is actually on our side. Fear vs. Faith.I am of the latter group. Along with Gandhi and Rebecca of Sunnybrook Farm, I believe that other human beings will quite consistently merit my trust if I'm not doing something which scares them or makes them feel bad about themselves. In other words, the best defense is a good way to get hurt. In spite of the fact that this system works very reliably for me and my kind, I find we are increasingly in the minority. More and more of our neighbors live in armed compounds. Alarms blare continuously. Potentially happy people give their lives over to the corporate state as though the world were so dangerous outside its veil of collective immunity that they have no choice. I have a number of theories as to why this is happening. One has to do with the opening of Cyberspace. As a result of this development, humanity is now undergoing the most profound transformation of its history. Coming into the Virtual World, we inhabit Information. Indeed, we become Information. Thought is embodied and the Flesh is made Word. It's weird as hell. Beginning with the invention of the telegraph and extending through television into Virtual Reality, we have been, for a over a century, experiencing a terrifying erosion in our sense of both body and place. As we begin to realize the enormity of what is happening to us, all but the most courageous have gotten scared. And everyone, regardless of his psychic resilience, feels this overwhelming sense of strangeness. The world, once so certain and tangible and legally precise, has become an infinite layering of opinions, perceptions, litigation, camera-angles, data, white noise, and, most of all, ambiguities. Those of us who are of the fearful persuasion do not like ambiguities. Indeed, if one were a little jumpy to start with, he may now be fairly humming with nameless dread. Since no one likes his dread to be nameless, the first order of business is to find it some names.For a long time here in the United States, Communism provided a kind of catch-all bogeyman. Marx, Stalin and Mao summoned forth such a spectre that, to many Americans, annihilation of all life was preferable to the human portion's becoming Communist. But as Big Red wizened and lost his teeth, we began to cast about for a replacement. Finding none of sufficient individual horror, we have draped a number of objects with the old black bunting which once shrouded the Kremlin. Our current spooks are terrorists, child abductors, AIDS, and the underclass. I would say drugs, but anyone who thinks that the War on Drugs is not actually the War on the Underclass hasn't been paying close enough attention. There are a couple of problems with these Four Horsemen. For one thing, they aren't actually very dangerous. For example, only 7 Americans died in worldwide terrorist attacks in 1987. Fewer than 10 (out of about 70 million) children are abducted by strangers in the U.S. each year. Your chances of getting AIDS if you are neither gay nor a hemophiliac nor a junkie are considerably less than your chances of getting killed by lightning while golfing. The underclass is dangerous, of course, but only, with very few exceptions, if you are a member of it.The other problem with these perils is that they are all physical. If we are entering into a world in which no one has a body, physical threats begin to lose their sting. And now I come to the point of this screed: The perfect bogeyman for Modern Times is the Cyberpunk! He is so smart he makes you feel even more stupid than you usually do. He knows this complex country in which you're perpetually lost. He understands the value of things you can't conceptualize long enough to cash in on. He is the one-eyed man in the Country of the Blind.In a world where you and your wealth consist of nothing but beeps and boops of micro-voltage, he can steal all your assets in nanoseconds and then make you disappear. He can even reach back out of his haunted mists and kill you physically. Among the justifications for Operation Sun Devil was this chilling tidbit:"Hackers had the ability to access and review the files of hospital patients. Furthermore, they could have added, deleted, or altered vital patient information, possibly causing life- threatening situations." Perhaps the most frightening thing about the Cyberpunk is the danger he presents to The Institution, whether corporate or governmental. If you are frightened you have almost certainly taken shelter by now in one of these collective organisms, so the very last thing you want is something which can endanger your heretofore unassailable hive. And make no mistake, crackers will become to bureaucratic bodies what viruses presently are to human bodies. Thus, Operation Sun Devil can be seen as the first of many waves of organizational immune response to this new antigen. Agent Baxter was a T-cell. Fortunately, he didn't know that himself and I was very careful not to show him my own antigenic tendencies.I think that herein lies the way out of what might otherwise become an Armageddon between the control freaks and the neo-hip. Those who are comfortable with these disorienting changes must do everything in our power to convey that comfort to others. In other words, we must share our sense of hope and opportunity with those who feel that in Cyberspace they will be obsolete eunuchs for sure. It's a tall order. But, my silicon brothers, our self-interest is strong. If we come on as witches, they will burn us. If we volunteer to guide them gently into its new lands, the Virtual World might be a more amiable place for all of us than this one has been.Of course, we may also have to fight.****** Defining the conceptual and legal map of Cyberspace before the ambiguophobes do it for us (with punitive over-precision) is going to require some effort. We can't expect the Constitution to take care of itself. Indeed, the precedent for mitigating the Constitutional protection of a new medium has already been established. Consider what happened to radio in the early part of this century.Under the pretext of allocating limited bandwidth, the government established an early right of censorship over broadcast content which still seems directly unconstitutional to me. Except that it stuck. And now, owing to a large body of case law, looks to go on sticking.New media, like any chaotic system, are highly sensitive to initial conditions. Today's heuristical answers of the moment become tomorrow's permanent institutions of both law and expectation. Thus, they bear examination with that destiny in mind.Earlier in this article, I asked a number of tough questions relating to the nature of property, privacy, and speech in the digital domain. Questions like: "What are data and what is free speech?" or "How does one treat property which has no physical form and can be infinitely reproduced?" or "Is a computer the same as a printing press." The events of Operation Sun Devil were nothing less than an effort to provide answers to these questions. Answers which would greatly enhance governmental ability to silence the future's opinionated nerds. In over-reaching as extravagantly as they did, the Secret Service may actually have done a service for those of us who love liberty. They have provided us with a devil. And devils, among their other galvanizing virtues, are just great for clarifying the issues and putting iron in your spine. In the presence of a devil, it's always easier to figure out where you stand. While I previously had felt no stake in the obscure conundra of free telecommunication, I was, thanks to Operation Sun Devil, suddenly able to plot a trajectory from the current plight of the Legion of Doom to an eventual constraint on opinions much dearer to me. I remembered Martin Neimoeller, who said:"In Germany they came first for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. They came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up." I decided it was time for me to speak up. The evening of my visit from Agent Baxter, I wrote an account of it which I placed on the WELL. Several days later, Mitch Kapor literally dropped by for a chat. Also a WELL denizen, he had read about Agent Baxter and had begun to meditate on the inappropriateness of leaving our civil liberties to be defined by the technologically benighted. A man who places great emphasis on face-to-face contact, he wanted to discuss this issue with me in person. He had been flying his Canadair bizjet to a meeting in California when he realized his route took him directly over Pinedale. We talked for a couple of hours in my office while a spring snowstorm swirled outside. When I recounted for him what I had learned about Operation Sun Devil, he decided it was time for him to speak up too.He called a few days later with the phone number of a civil libertarian named Harvey Silverglate, who, as evidence of his conviction that everyone deserves due process, is currently defending Leona Helmsley. Mitch asked me to tell Harvey what I knew, with the inference that he would help support the costs which are liable to arise whenever you tell a lawyer anything.I found Harvey in New York at the offices of that city's most distinguished constitutional law firm, Rabinowitz, Boudin, Standard, Krinsky, and Lieberman. These are the folks who made it possible for the New York Times to print the Pentagon Papers. (Not to dwell on the unwilling notoriety which partner Leonard Boudin achieved back in 1970 when his Weathergirl daughter blew up the family home...)In the conference call which followed, I could almost hear the skeletal click as their jaws dropped. The next day, Eric Lieberman and Terry Gross of Rabinowitz, Boudin met with Acid Phreak, Phiber Optik, and Scorpion.The maddening trouble with writing this account is that Whole Earth Review, unlike, say, Phrack, doesn't publish instantaneously. Events are boiling up at such a frothy pace that anything I say about current occurrences surely will not obtain by the time you read this. The road from here is certain to fork many times. The printed version of this will seem downright quaint before it's dry.But as of today (in early June of 1990), Mitch and I are legally constituting the Electronic Frontier Foundation, a two (or possibly three) man organization which will raise and disburse funds for education, lobbying, and litigation in the areas relating to digital speech and the extension of the Constitution into Cyberspace.Already, on the strength of preliminary stories about our efforts in the Washington Post and the New York Times, Mitch has received an offer from Steve Wozniak to match whatever funds he dedicates to this effort. (As well as a fair amount of abuse from the more institutionalized precincts of the computer industry.)The Electronic Frontier Foundation will fund, conduct, and support legal efforts to demonstrate that the Secret Service has exercised prior restraint on publications, limited free speech, conducted improper seizure of equipment and data, used undue force, and generally conducted itself in a fashion which is arbitrary, oppressive, and unconstitutional. In addition, we will work with the Computer Professionals for Social Responsibility and other organizations to convey to both the public and the policy-makers metaphors which will illuminate the more general stake in liberating Cyberspace. Not everyone will agree. Crackers are, after all, generally beyond public sympathy. Actions on their behalf are not going to be popular no matter who else might benefit from them in the long run. Nevertheless, in the litigations and political debates which are certain to follow, we will endeavor to assure that their electronic speech is protected as certainly as any opinions which are printed or, for that matter, screamed. We will make an effort to clarify issues surrounding the distribution of intellectual property. And we will help to create for America a future which is as blessed by the Bill of Rights as its past has been. John Perry Barlowbarlow@well.sf.ca.usFriday, June 8, 1990
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