[Politech] A reply to Lessig on anonymity: string the bastards up! [fs]

From: Declan McCullagh (declan@private)
Date: Fri Dec 05 2003 - 14:34:33 PST

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    Date: Fri, 5 Dec 2003 10:24:01 -0600
    Subject: Re: [Politech] Larry Lessig replies to Politech over limiting 
    anonymity [fs][priv]
    Cc: lessig@private
    To: Declan McCullagh <declan@private>
    From: Jim Davidson <davidson@private>
    In-Reply-To: <6.0.0.22.2.20031205085420.022009c8@private>
    
    Dear Declan,
    
    Prof. Lessig reminds me a good bit of ol' William F. Buckley.
    You may remember back in the 1970s, Mr. Buckley was a
    champion of the Family Privacy Act which, among other things,
    limited the use of Social Security numbers by colleges and
    other institutions for, e.g., posting grades.  Today Mr.
    Buckley is a big enthusiast of a nationalist identity card
    which he insists is inevitable.
    
    The pursuit of various tools for enumerating the people is
    going to end in calamity.  It is going to end with people
    who have promoted concepts like nationalist identity cards
    being put up against walls and executed.  When the scarcity
    of ammo becomes a problem, these people are going to be
    eviscerated and hung from lampposts with their intestines
    in place of rope nooses.  Not by me, of course, but by the
    revolutionaries who finally tire of this new police state.
    
    Prof. Lessig's proposal of identity escrow is just another one
    of those "trust me" proposals that fly in the face of everything
    we know about the jerks in government.  The government has
    proven, time and time again, that it cannot be trusted.
    Prosecutors lie on warrants routinely and are neither
    admonished nor punished by the present system.  The government
    routinely arrogates to itself the power to issue subpoenas
    and gather data without judicial oversight, and the notion
    of an independent judiciary is utterly discredited.
    
    Identity escrow, like encryption key escrow before it, is a
    bad idea which ought not to be encouraged.  It is exactly the
    kind of government-nose-in-the-tent nonsense which led to the
    demise of the Clipper chip a few years back.  We already know
    that the government cannot be trusted, we already know that
    open source encryption systems can be validated, and we
    already have as much anonymity as we want on the Internet.
    
    Not only do anonymous remailers, anonymizers for browsing,
    and Freenet represent strong absolute anonymity systems
    (without those difficulties of "trust me" that Tim May has
    pointed out in various financial crypto systems) but there
    are also strong absolute anonymity systems for routine
    e-mail such as Yahoo and Hotmail, strong absolute anonymity
    systems for value transfer such as GoldBarter.com and
    Pecunix.com, and strong encryption with OpenPGP among others.
    
    Not only is anonymity important for whistle-blowing and
    reporting governmental brutality, it is also important for
    creating free systems of exchange, for avoiding confiscatory
    taxes and other systems of theft, and for discussions of
    sensitive issues such as incest and rape which, especially
    in the case of rape of men goes substantially under-reported
    without anonymity.  There is a large and growing market
    for anonymity, and this market is being served.  New
    peer-to-peer systems are now available which make the entire
    notion of controlling the Internet increasingly laughable.
    
    A system which protects absolute anonymity is good, it is
    freedom-oriented, it is proper, and it is what the market
    wants.  The property of an identity is individual and it is
    not collective.  All this "papers please" nonsense makes
    people sick, and rightly so.  There was a time when the
    film "Casablanca" was shown in the USA when every instance
    of "papers please" would result in boos and hisses from
    the audience.  That mentality was the correct attitude, and
    all this currying favor with the government by insisting on
    identity escrow is so much nonsense.
    
    A warrant requirement is no protection at all.  It has never
    been an adequate protection of privacy.  What's important to
    recognize is that where identity information is stored, the
    warrant or subpoena to access data already exists as a tool.
    Where identity information is not stored, warrants and
    subpoenas are useless - which is highly desirable.
    
    As for permitting systems for identity escrow, or using
    tax dollars to encourage them, this notion is silly.  The
    government doesn't need to permit anything.  Identity
    escrow systems will be developed if there is a market
    for them, if the government simply stands out of the way.
    Everything gets done if it is profitable to do it.  We
    don't need the government to permit anything, and we
    don't need tax dollars to encourage bad ideas.  If the
    idea of identity escrow has merit, it will be developed
    into a serviceable platform.  After all, censored versions
    of the Internet such as "AOL: The Internet Sanitized" as
    I recall from their recent advert campaign, are widely
    accepted by some segments of the market.
    
    Prof. Lessig's view that "we will make no progress following
    path one" is nonsensical.  Plenty of progress has already
    been made in this pursuit.  Moreover, his pronoun is collective
    and mistaken.  Some will make progress with identity escrow
    systems, others will make progress with absolute anonymity
    systems, and still others will take the Mark of the Beast
    and suffer eternally in the lake of fire for the same offense
    which caused God to punish Israel when King David violated
    His law and enumerated the people.
    
    Given that Prof. Lessig admits that "no real showing" is the
    status quo, then "we" have to trust that the government will
    be reformed to require "some real showing" or even "very
    real showing" before warrants for identity escrow systems
    can be issued.  I think this notion that we can fix government
    and therefore should give up on absolute anonymity is rather
    fanciful.  Perhaps Prof. Lessig has magic fairy dust he can
    sprinkle on Washington DC from a great height to turn all
    the trolls, demons, pork barrel rollers, and Congresscritters
    into more pleasant creatures, restore the integrity of the
    constitution and oaths to uphold it, and return us to an era
    of limited government.  Maybe we should all cast votes on
    Diebold voting machines to signify our confidence that Prof.
    Lessig's petition for reform will be answered if only we
    "elect" the right set of rascals.
    
    In the meantime, I shall not be wasting my time developing
    identity escrow systems nor launching revolutions against
    systems which others believe worthy of defending.  Instead,
    I shall be continuing my work to develop, implement, and
    utilize free market money, bearer instruments with digital
    features, and absolute anonymity so that more people can
    break free of the various systems of control and enslavement
    and get on with their own business.
    
    Meanwhile, I recommend that Prof. Lessig go to a good coin
    store and ask to see a sample of a Continental - the original
    worthless American paper money.  On that item he'll find
    the legend, "Mind your business."  Ultimately, that is what
    the American Revolution was all about.  Presently, that is
    what the digital revolution is about.  What the market wants
    are systems that allow people to mind their own business,
    and keep others from minding it in their stead.
    
    Regards,
    
    Jim
      http://www.ezez.com/free/freejim.html
    
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