[Politech logo]

Politech is the oldest Internet resource devoted to politics and technology. Launched in 1994 by Declan McCullagh, the mailing list has chronicled the growing intersection of culture, technology, politics, and law. Since 2000, so has the Politech web site.

Testimony before Democracy Online Task Force on May 22



[Yesterday's meeting was chaired by former Reps. Pat Schroeder and Rick 
White. White seemed to be the most interested in engaging in debate, and 
seemed somewhat more pro-regulation than I had expected. Other speakers 
covered other issues, so I focused on just two: public spaces and 
anonymity. The debate after prepared remarks was much more interesting, and 
I'm told a cybercast will be available at http://democracyonline.org/ 
eventually. --Declan]


http://www.mccullagh.org/speeches/democracyonline.052200.html

    Democracy Online Project
    National Task Force testimony
    May 22, 2000

    Declan McCullagh
    Wired News
    Washington, DC
    declan@wired.com

    Thank you for the opportunity to participate in this morning's
    discussion. It's an honor to be on a panel with such distinguished
    guests. I hope my perspective as the Washington correspondent for
    Wired News and a longtime Internet user proves helpful.

    We were asked "How do we create a public space online?" I think the
    answer is we don't need to create one. We already have one, and an
    unexpectedly wonderful one at that.

    Think of the Internet as an unlimited expanse of public park, where
    soapboxes are available for free to anyone who wants one. You can set
    up your own web site on any of scores of free hosting services,
    including places like Geocities and Tripod, with little effort. These
    companies have invested hundreds of millions of dollars in making it
    easy for you to say whatever you want - you don't have to a programmer
    to be heard.

    Once your site is online, it's discovered by search engines and people
    looking for information on your topic can find you. I launched one
    political web site in March, and it only took a few days before search
    engines like Google found it and began steering visitors toward it.

    You can start your own mailing list for free as well, on sites like
    onelist.com. I run one called politech in my spare time that has
    thousands of subscribers.

    If you don't like the idea of free hosting services that usually place
    ads on top of your web pages, you can do it yourself. Pay web hosting
    services start at around $10 a month - less than the cost of cable TV
    or telephone service. And you can say whatever you want.

    It is true that obscure sites may not get the same number of visitors
    as more mainstream ones. But that's true offline as well as online:
    More people read Tom Clancy than Hemingway. More Americans will be
    watching Ally McBeal this evening than tuning in to this cybercast or
    CSPAN, for that matter. More people will go to Disney's new dinosaur
    movie than listen to that street preacher on the corner of Connecticut
    and K streets. But there are no structural barriers to being watched
    or heard online.

    In fact, exactly the opposite is the case. For the ultimate in public
    spaces, there's Usenet. Usenet is a distributed collection of tens of
    thousands of discussion areas devoted to everything in the world you
    might want to talk about. It's been around for a few decades, and was
    already well-established when I first got an Internet account in 1988.
    Nobody controls it, nobody owns it, and nobody can censor it.

    According to the most recent statistics from yesterday, the average
    number of individual messages people post each day is 791,377. That
    amounts to 46,800 megabytes a day. To put this into more realistic
    terms, most of the folks in the audience have seen the size of books
    with the complete works of Shakespare. Usenet messages, if printed
    out, would fill about 5,200 of these books. A day.

    This is one reason the U.S. Supreme Court in 1997 called the Internet
    a "new marketplace of ideas."

    ANONYMITY AND FREE SPEECH

    We were also asked "Is it possible to create an online public space
    for political discourse? What are the constitutional and legal
    issues?"

    People feel comfortable engaging in public discourse online if they
    can do so without their privacy being violated. Anonymity is an
    important part of that, and I'd like to make you aware of some legal
    threats to anonymity on the Internet:

      * The federal government must take steps to improve online
        traceability and promote international cooperation to identify
        Internet users, according to a report commissioned by President
        Clinton and released in March. The document, written by a
        high-level working group chaired by Attorney General Janet Reno,
        says that police should be able to determine the source of
        anonymous email in some situations.
      * Deputy Attorney General Eric Holder told the House Judiciary
        committee at the same time that Internet malcontents are "often
        wearing the equivalent of Internet electronic gloves to hide their
        fingerprints and their identity."
      * U.S. Customs has suggested that Internet providers keep records on
        what their users are doing, according to a CNN report.
      * Some think tanks are suggesting that in response to the
        controversy over Napster, Congress should require Napster to
        collect addresses and credit card information of users before they
        can use it. The people most affected would be the young, the poor,
        and those in developing nations with limited access to credit
        cards.
      * A Council of Europe draft treaty, crafted in part by the U.S.,
        would require websites and Internet providers to collect
        information about their users, a rule that would potentially limit
        anonymous remailers. The treaty is expected to be finalized by
        December 2000 and voted on by participating nations next year.
      * Yahoo inappropriately disclosed information about the true name
        belonging to a pseudonym of a user in response to a subpoena,
        according to a federal lawsuit filed earlier this month in
        California.

    Anonymity has long been a shield from the tyranny of the majority. It
    protects individuals from retaliation for having unpopular views, and
    it prevents controversial ideas from being suppressed. Shakespeare,
    James Madison, Alexander Hamilton, Mark Twain, and Ann Rice used
    pseudonyms. In the McIntyre case, the Supreme Court struck down a law
    that requred pamphleteers to identify themselves, saying there was a
    right to anonymity in a democracy. Journalists rely on guarantees of
    anonymity to shield their sources from disclosure.

    Anonymity protects whistleblowers from being fired when revealing
    corporate malfeasance or government wrongdoing. Without anonymity and
    pseudonymity, some communities could not exist. Alcoholics Anonymous,
    AIDS support groups, drug addiction support and other mutual help
    organizations rely on anonymity to protect the identity of their
    members. Anonymity reduces the risk of social ostracism, and promotes
    democracy online. Legal attempts to restrict it should be rejected.

    Thank you.

--------------------------------------------------------------------------
POLITECH -- the moderated mailing list of politics and technology
To subscribe, visit http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
--------------------------------------------------------------------------


Enter your email address to join Politech, Declan McCullagh's moderated technology and politics announcement list:

Return to politechbot.com