Michael Froomkin: "Winners and Losers: The Internet changes Everything or Nothing?"
by James McClary
Michael Froomkin, a professor at the University of Miami School of Law, delivered the 2003 Grafstein Annual Lecture in Communications on February 13th. Professor Froomkin specializes in the law of the Internet and has published numerous papers on Internet governance, ICANN, e-commerce, cryptography and piracy. Even more notable is the fact that he was a student of Ernest Weinribs Torts class at Yale Law School in 1984.
Froomkins lecture explored two apparently contradictory stories of the development of the Internet, The Cypherpunk Dream and Datas Empire. The Cypherpunk Dream is a free world built on the core technologies of TCP/IP (Transmission Control Protocol/Internet Protocol) and strong cryptography. It is a world of user empowerment and weakening government. The Cypherpunk Dream sees a correlation between the net and democracy. It is anti-censorship and pro-communication. Ideas, information and innovation can be created and shared within diasporic communities all over the globe. Users can rely on cryptography to protect anonymity.
In contrast, Datas Empire refers to the control that governments are now beginning to exercise over the Internet. In addition to the core technologies of TCP/IP and cryptography, Datas Empire relies on the fact that all users are based somewhere and can be tracked and monitored through centralizing traffic areas such as Internet Service Providers (ISPs). This world, far from the anonymity of Cypherpunk, is a world of sensors, where information about users can be stored indefinitely. In contrast to the globalizing tendencies of Cypherpunk, Datas Empire is a renaissance of the state, with the potential for perfect taxation and perfect law enforcement.
Froomkin believes that these stories are not mutually exclusive, but they do indicate two opposing forces that are already affecting the development of law. There are interesting questions that should be asked. Does technology force outcomes? Is there a one-way effect on this technology, or can it be constrained? What role should there be for standards bodies, such as ICANN?
Although the law is already changing, Froomkin urges us to look at whether legal responses to technology are really necessary. Are these actually new problems? Are legal changes appropriate?
In sum, Froomkin message is that even though it seems that the internet changes everything, to the extent that democracy remains strong and alive, the internet changes nothing. We can make sure we are heading in a good direction by remaining interested in how we get there.