Over the last two decades, tension between government and the changes caused by the internet has been a recurring theme. Today, theyâre almost seen as opposing forces. This is somewhat strange when you think about it. Most technologies donât cause so much ongoing upheaval.
Why is the internet so challenging? I decided to make a list of reasons and came up with 11. Though none of them are very novel, I found the catalog interesting. (For one thing, I expected fewer.)
- Better communication tools mean that events simply happen faster. The Arab Spring would probably have been less problematic for incumbent governments if things had happened more slowly. Theyâd have had more time to react. But governments still operate on timescales of days and weeks while itâs becoming easier for events to play out hour-by-hour.
- Communication and publication can no longer be censored. Wikileaks, the Arab Spring, and Snowdenâs revelations all depend on governments being unable to prevent mass dissemination of information.
- Individuals can now cast a spotlight on government action. (That is, publication isnât just uncensorable; itâs also decentralized.) With the internet, we can rapidly rewire our communication networks when a node becomes an important source of information. (This is most noticeable during live events, when people rapidly figure out which Twitter users are worth paying attention to.) If a government does something wrong, and even if the mainstream publishers ignore it, the information can still be rapidly broadcast to millions.
- In a global community, local aberrations stick out more. Because online news and social structures donât pay much attention to national boundaries, laws and government actions are increasingly held to international standards. People are more likely to know when theyâre being screwed over by their governments.
- Itâs harder for governments to broadcast directly to their citizens. Fifty years ago, it was easy: just run a prime-time TV segment. You can still do that today, but many fewer people will pay attention.
- Governments are more fragile and hence weaker. Itâs almost as easy to leak a database as it is a file. Itâs much harder for governments to maintain secret structures, and they must contend with the omnipresent risk of a calamitous leak.
- Governments are more powerful and hence more likely to overreach. Because itâs now far easier to eavesdrop on communications, maintain intrusive databases, etc., itâs much more tempting to do it. Thirty years ago, you needed to adopt extreme GDR-style tactics to eavesdrop on everyone. It was logistically prohibitive, and most governments would probably reconsider when they realized what doing so would actually entail. Today, technology improvements mean that it takes much less effortâand evidently that it feels much less wrong.
- Because a lot of internet activity is oblivious to national borders, jurisdictional questions are now much murkier. Internet companies and services arenât so much proactively global as casually global: the default is to be available everywhere. As a result, internet services donât consider the legal implications of expansion into each jurisdiction. They donât really expand into jurisdictions at all. Theyâre just there. We donât have a good framework for regulating these entities. Should a US website be subject to Australian libel law? (To the union of all libel laws?) The most obvious solution is to have an internet company be subject only to the laws of the country in which it resides, but even this doesnât work: companies can easily operate from multiple countries. And, of course, countries affected by a non-resident service arenât likely to be satisfied by this solution.
- A lot of laws make less sense today. Remix culture, Airbnb, YouTube, Lyft, and Bitcoin challenge existing regulation. The harm of bad laws is often invisible, which makes weighing the trade-offs difficult. (How many good things arenât happening and how good would they be?) Itâs hard to argue against regulation before the potential of a new technology has been realizedâthe possibilities are, by definition, merely hypothetical.
- Since a lot of industries are being reshaped by technology, more incumbents are seeking regulatory protection. Goverments sometimes acquiesce and enact bad laws (DMCA), which in turn angers citizens.
- Legislators lack the conceptual framework to reason effectively about internet and software issues. I think this might be the biggest problem of all. As industry insiders, we have an advantage: we know itâs inane to talk about âgetting data backâ; we know that metadata and data are often distinctions without differences; we know that large datasets are very hard to anonymize; we know that a large dataset will rarely be used only for its originally intended purpose. We know this simply because weâve watched these issues play out many times before. Politicians havenât, and when policy questions hinge on understanding technology, they donât tend to fare well.
Looking back over these, the main thing that strikes me is that itâs very hard to imagine any of them going away or being resolved any time soon. The internet was an epochal jolt and our governing structures have yet to catch up. Weâre now twenty years in; given the pace of change, I expect these issues to persist for most of my life.
I find it interesting that the internet is still politiciansâ example of choice when they need to show how the future is exciting. The US is today, in Obamaâs words, âthe nation of Google and Facebook.â The problems donât simply stem from obliviousness. Even leaders who recognize the internetâs importance and value are stuck in an edifice almost guaranteed to yield a dissonant relationship.