An interesting new bill aims to cut down anonymous trolls on the net.
“A new bill in Albany has its sights set on anonymous internet trolls. The Internet Protection Act would require sites to have online commenters identify themselves.
The Act, sponsored by Assemblyman Dean Murray (R-East Patchogue) and Senator Thomas O’Mara (R-Big Flats), would require New York-based websites to “remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post.”
(Gawker be warned.)
I dare say it won’t pass constitutional tests, but there may be good reason to raise the issue and hope for a constitutional amendment that would allow free speech protections to be applied more selectively to genuine political criticism or public interest commentary.
The hope is instead to hamper speech that is injury, defamation, false light or cyber-bullying.
While SOPA (like the NDAA) was written too broadly, that doesn’t mean more thoughtful approaches to delimiting free speech in the public sphere should not be tried.
This bill comes at the same time that Preet Bharara, US Atty for the Southern Dt Of New York, penned an article about the growing menace of cybercrime in the NY Times – cybergeddon, he calls it.
I’m not sure what his motives are in labeling it thus, but he’s not wrong about the extent of cyber crime, from hacking to bullying.
It’s all very well to argue for counter-speech as the only remedy for defamatory speech on the net (the default libertarian position).
That argument leaves the net wide open to the most powerful media monopolies and networks joining forces to squash legitimate criticism from lone individuals, while allowing the monopolies the ability to amplify their own slanders and lies.
The playing field hasn’t been leveled by the internet, as some mistakenly believe. The internet actually empowers the criminal and the corporate racketeer (do I repeat myself) to a far greater degree than it does legitimate journalists or commentators.
As for the “chilling effect” of restrictions on anonymous speech – bunkum.
With all the free speech available in the US, with all the freedom afforded anyone to write the most vulgar, false trash about anyone, did the mainstream media get to any important stories in time? No.
Were the people who got to those stories hiding behind anonymous handles? No.
Did the stories involve crude personal attacks and name-calling? No.
Most of the big stories were broken by responsible journalists writing openly (both in the mainstream and in the alternative press – for example, the excellent, “Den of Thieves” written decades ago)… or they were disclosed by whistle-blowers using their own names.
The Enron story, it is true, was broken open because of short-seller analysis.
Fair enough, if the analysis was done legally. My point is not to say short-sellers aren’t god’s children. It’s to say that it’s not necessary to break the law if you’re a good analyst.
No need for hacking, espionage or theft or abuse.
Correction: Enron actually confirms my thesis. Jonathan Weil, an excellent reporter, is the one who broke the story. All Chanos did was use his research to trade. Big effin’ deal.
Besides, a smarter analysis of the Enron story is not that short-sellers got to it before anyone else, because they were pursuing their own self-interest (journalists pursue their own self-interest too).
The smarter analysis is this: Were journalists actually doing their job and not under the corrupt influence of money (activist hedge-funds paying them off for negative stories and managers paying them off for positive ones), they would have figured out what was going on a long time before.
The whole leverage racket was laid out in detail in “Den of Thieves” long before Enron blew up.
The myth of the anonymous truth-teller is just that. One of those myths that have turned “free speech” into a tyranny of the mind, the very opposite of free speech.
That is what democracy tends to do. The demos are never smart enough to reason things out in any kind of nuanced way, so what starts out as a good idea turns into a slogan that is pushed so extremely it turns into the very opposite of itself. It becomes a propaganda tool of corporations, states, and criminals…
There is room for anonymous criticism, but to pass muster it must be couched in reasonable language (i.e. the opposite of the filth purveyed by anonymous message board-bashers in the financial industry) and it must include some evidence.
All other forms of critical speech must be presumed to be false or baseless speculation and must be disallowed as potentially felonious.
Why should short-sellers and promoters not be held to the same professional standards applied to managers and employee?
I wouldn’t be sorry to see criminal sanctions against anonymous abuse, equal to the sanctions levied against the physical equivalent of the abuse.
Thus, IP theft should be treated like robbery; email hacking of sensitive personal information or business information should be treated like breaking and entry; computer monitoring and surveillance should be treated like physical stalking; vulgar abuse of the kind doled out against women (Matt Taibbi, Daniel Loeb, and a few others come to mind) should be treated like assault; posting of personal details (such as some of the stuff on Gawker) or hacked emails or private conversations should be treated as rape, voyeurism.
This is not delusion.
Decades of psychiatric and psychological research have shown that verbal abuse leaves greater damage than any physical abuse short of the most extreme. Women in domestic abuse cases have said the same thing. So have children who suffer emotional and verbal abuse, and so have victims of government torture.
Even the CIA has reached the same conclusion. That is the rationale behind “no touch” torture codified in the KUBARK manual, where psycho-sexual and religious imagery is used to break down the sense of identity of the victim. It is real. It is traumatic. It is torture.
Free speech arguments meanwhile have lagged two centuries behind, beating the same tired drum of the “slippery slope” that ostensibly runs from kicking the pants of the average net psychopath to the coming of the Fourth Reich.
Rubbish. The truth is exactly the opposite. It was the Nazis – like Julius Streicher – who used the most violent sexual and racial language to dehumanize the Jews and inflame the population.
Besides, to my mind, the Fourth Reich, or some version of it, is already here. This is it. This is how it operates. Through spying, blackmailing and pornographically violent abuse on the internet.
If you can’t see that, you are its tool or its victim.
The Nazis of yesteryear live on in their new incarnation in the financial world today and in the media of the modern West. Pornographic gossip sites, voice-mail hacking, cyber-stalking, blackmailing…what are these but the methods of Nazis? And this “freedom” is what the this government wants to export all over the world through its NGO mouth pieces.
This tyranny of porn abuse that keeps women out of political life, forces them out of the media, harasses them in their business life, terrorizes them in their personal lives; that turn them into pieces of meat that can be hung out in public for any man to randomly spit on and abuse, prod and poke and jeer at.
This is what the West exports as its great emancipation of women, the centerpiece of its civil society.
This it exports to cultures far more protective of women and children than the West has ever been. This it uses as its rationale to bomb and destroy countries.
This is the means by which cowardly hedge-fund managers, hiding behind anonymous handles and piles of ill-gotten cash, savage strangers with lies, squash subpoenas, silence whistle-blowers, and bend the terms of contracts to make a mockery of justice.
Except for one eccentric businessman I don’t see anyone else wise to what’s going on, or if wise to it, either brave enough or honest enough to take the part of the victims.
The crooks, like all crooks, have opted for the winning side, and the rest are silent.
Well, critics say, wouldn’t a new law also be subject to abuse?
Perhaps. But perhaps not, if it was written astutely.
It might instead be a help to victims of cyber-bullying and fraud who are struggling against the widespread misuse of free speech protections to commit criminal acts.
It all depends on how the new laws will be written.
It’s really not a question of new laws at all, but a rethinking of the original laws and what they entail in the age of virtual reality, mind-control, trauma-based conditioning, mind-reading software, and psycho-sexual torture.
It is not a question of government versus the rest of us. With government directly behind 40 percent of the economy and enmeshed in the other 60 percent, the government IS US. We are the government.
It is from “us” that politicians are drawn, media pundits are drawn, courts and corporations and armies are drawn.
Where is the bright line between businesses and government? I don’t see it. We all use Google, in bed with the CIA, we use the dollar, propped up by B52’s and napalm, by easy money and Fed policies.
We all fall silent when we should speak, speak half-truths when only the unvarnished truth will help, or talk so much and with such forked tongues that our truths might as well be lies.
Speech and act are not as far apart as our current laws take them to be. Holistic approaches to the human body that take into account the ancient Vedic sciences of energy (of which yoga is a part) demonstrate that the body is not only the physical body but also its emotional and energetic sheaths.
In fact, those energetic sheaths are much closer to ourselves than our physical bodies.
And injury to them is often more damaging and long-lasting than to the body.
Just read the comments and posts on forums and boards all over the net and ask yourself if public culture here isn’t criminal.
I don’t think the internet culture in India or anywhere else is nearly as bad, at least from the evidence of the comments.
It is the internet here in the US that is most awash with criminality. And it is here that the clamp-down should begin.
Exercise self-restraint, or restraint will be forced on you, one way or other
…that’s the way life seems to work.