Law in the Internet Society

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ZainHaqFirstEssay 4 - 31 Mar 2018 - Main.EbenMoglen
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 Ultimately, the fight on this question is global. Recruiting the US’ support in the fight for data privacy will embolden the forces of freedom moving forward. But, in order to embolden the country in this effort, it must first feel as though it’s doing right at home – and this regime moves a giant leap closer to that goal.

I don't understand the goal of a "data-free world." What could that possibly mean?

This draft seems to have picked up the idea of environmental regulation, and then proceeded to use the metaphor rather literally, as though the problem of water quality and the problem of privacy preservation were alike at the molecular level. Like the /;data-free world," however, this seems to depend upon a correspondence at the wrong conceptual level. Recognition that externalities demand the imposition of social standards of care and that consent to transaction is not a sufficient basis for the allocation of legal duties and liabilities is what we need from "environmental law," in order to understand not only what is wrong with not having data protection law, but also what is wrong with having the kind that European societies (but not the US society) have. That having been understood, we might be able to take the analysis in a direction you have offered here, but we would be able to remove first a number of confusions you cannot avoid given the logic of the present draft.


Revision 4r4 - 31 Mar 2018 - 16:51:00 - EbenMoglen
Revision 3r3 - 22 Dec 2017 - 01:12:25 - ZainHaq
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