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Testimony before Democracy Online Task Force on May 22
- Date: Tue, 23 May 2000 13:12:45 -0400
- To: politech@vorlon.mit.edu
- Subject: FC: Testimony before Democracy Online Task Force on May 22
- From: Declan McCullagh <declan@well.com>
[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.
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