Re: (political) Privacy, Regulatory Arbitrage, Free Speech

[Michael Froomkin <froomkin@law.miami.edu>]

Thank you for the thoughtful comments. 

On Tue, 11 Apr 2000, Joseph M. Reagle Jr. wrote:

> I just read your paper and had a couple quick comments, I used to think that
> the Internet would be an ultimate promoter of liberal democratic values,
> however given recent events in asian countries (which you mention)
> particularly actions of China (which you didn't) I am not at all sure that
> this will be the case -- of course, one can't prove these things, but I tend
> to believe that China could actually clamp down on the freedom of speech
> with respect to the following:

I agree that the next draft should discuss China more.  I think China 
could probably clamp down very effectively.  I am not persuaded it could 
do so without giving up a very large share of the benefits of access.

> 
> "Like it or not, we live now in an age of completely free speech..." I think
> it would be very worthwhile to examine what is meant by "free speech." I
> don't think free speech means, if I want, I could say what I want and no one

alas, this is beyond the scope of this essay.  There's a huge literature 
on this in the law reviews, though.
[...]
> 
> So perhaps the Internet shall provide a mechanism for practical free speech
> (allowing some to speak their minds, and the others that get trapped will
> get crushed) but it shouldn't be considered a subsitute for political free
> speech (in which no one gets crushed). In the case of countries like China,

I agree.  It's not a substitute.  Just an enabler in places that don't 
choose to practice draconian access control.

> the hope is that the practical free speech will enable political free
> speech, but based on news reports I am seeing this is less likely than I
> used to think, and as you mention in the section  of "Mobility of Personal
> Data" the capability of this technology to abuse the citizens' and
> customers' rights are also increasing, but their isn't an open mailing list
> on which everyone can examine the conversation between the organizations
> which wish to accomplish this.

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
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