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A Libertarian Transhumanist Critique of Jeffrey Tucker’s “A Lesson in Mortality” – Article by G. Stolyarov II

A Libertarian Transhumanist Critique of Jeffrey Tucker’s “A Lesson in Mortality” – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
May 13, 2012
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Jeffrey Tucker is one of my favorite pro-technology libertarian thinkers of our time. In his essays and books (see, for instance, It’s a Jetsons World), Mr. Tucker eloquently draws the connection between free markets and technological progress – and how the power of human creativity within a spontaneous order can overcome the obstructions posed by stagnant political and attitudinal paradigms. Mr. Tucker embraces the innovations of the Internet age and has written on their connection with philosophical debates – such as whether the idea of intellectual property is even practically tenable anymore, now that electronic technology renders certain human creations indefinitely reproducible.

Because I see Mr. Tucker as such an insightful advocate of technological progress in a free-market context, I was particularly surprised to read his 2005 article, “A Lesson in Mortality” – where Mr. Tucker contends that death is an inescapable aspect of the human condition. His central argument is best expressed in his own words: “Death impresses upon us the limits of technology and ideology. It comes in time no matter what we do. Prosperity has lengthened life spans and science and entrepreneurship has made available amazing technologies that have forestalled and delayed it. Yet, it must come.” Mr. Tucker further argues that “Modernity has a problem intellectually processing the reality of death because we are so unwilling to defer to the implacable constraints imposed on us within the material world… To recognize the inevitability of death means confessing that there are limits to our power to manufacture a reality for ourselves.”

Seven years is a long time, and I am not aware of whether Mr. Tucker’s views on this subject have evolved since this article was published. Here, I offer a rebuttal to his main arguments and invite a response.

To set the context for his article, Mr. Tucker discusses the deaths of short-lived pets within his family – and how his children learned the lesson to grieve for and remember those whom they lost, but then to move on relatively quickly and to proceed with the business of life – “to think about death only when they must, but otherwise to live and love every breath.” While I appreciate the life-embracing sentiment here, I think it concedes too much to death and decay.

As a libertarian transhumanist, I see the defeat of “inevitable” human mortality as the logical outcome of the intertwined forces of free markets and technological progress. While we will not, at any single instant in time, be completely indestructible and invulnerable to all possible causes of death, technological progress – if not thwarted by political interference and reactionary attitudes – will sequentially eliminate causes of death that would have previously killed millions. This has already happened in many parts of the world with regard to killers like smallpox, typhus, cholera, malaria – and many others. It is not a stretch to extrapolate this progression and apply it to perils such as cancer, heart disease, stroke, Alzheimer’s disease, and ALS. Since human life expectancy has already increased roughly five-fold since the Paleolithic era, it is not inconceivable that – with continued progress – another five-fold or greater increase can be achieved.

As biogerontologist and famous life-extension advocate Dr. Aubrey de Grey points out, the seven basic types of damage involved in human senescence are already known – each for at least thirty years. With advances in computing capacity, as well as accelerating medical discoveries that have already achieved life extension in mice, rats, and other small organisms, there is hope that medical progress will arrive at similar breakthroughs for us within our lifetimes. Once life expectancy begins to increase by more than one year for every year of time that passes, we will have reached longevity escape velocity – a condition where the more we live, the more probability we will have of surviving even longer. In February 2012 I began an online compendium of Resources on Indefinite Life Extension, which tracks ongoing developments in this field and provides access to a wide array of media to show that life extension is not just science fiction, but an ongoing enterprise.

To Mr. Tucker, I pose the question of why he appears to think that despite the technological progress and economic freedom whose benefits he clearly recognizes, there would always be some upper limit on human longevity that these incredibly powerful forces would be unable to breach. What evidence exists for such a limit – and, even if such evidence exists, why does Mr. Tucker appear to assume that our currently finite lifespans are not just a result of our ignorance, which could be remedied in a more advanced and enlightened future? In the 15th century, for instance, humans were limited in their technical knowledge from achieving powered flight, even though visionaries such as Leonardo da Vinci correctly anticipated the advent of flying machines. Imagine if a Renaissance scholar made the argument to da Vinci that, while the advances of the Renaissance have surely produced improvements in art, architecture, music, and commerce, nature still imposes insurmountable limits on humans taking to the skies! “Sure,” this scholar might say, “we can now construct taller and sturdier buildings, but the realm of the birds will be forever beyond our reach.” He might say, paraphrasing Mr. Tucker, “[Early] modernity has a problem intellectually processing the reality of eternally grounded humans because we are so unwilling to defer to the implacable constraints imposed on us within the material world. To recognize the inevitability of human grounding means confessing that there are limits to our power to manufacture a reality for ourselves.” What would have happened to a society that fully accepted such arguments? Perhaps the greatest danger we can visit upon ourselves is to consider a problem so “inevitable” that nothing can be done about it. By accepting this inevitability as a foregone conclusion, we foreclose on the inherently unpredictable possibilities that human creativity and innovation can offer. In other words, we foreclose on a better future.

Mr. Tucker writes that “Whole ideologies have been concocted on the supposition that such constraints [on the material world] do not have to exist. That is the essence of socialism. It is the foundation of US imperialism too, with its cocky supposition that there is nothing force cannot accomplish, that there are no limits to the uses of power.” It is a significant misunderstanding of transhumanism to compare it to either socialism or imperialism. Both socialism and imperialism rely on government force to achieve an outcome deemed to be just or expedient. Transhumanism does not depend on force. While governments can and do fund scientific research, this is not an optimal implementation of transhuman aspirations, since government funding of research is notoriously conservative and reluctant to risk taxpayer funds on projects without short-term, visible payoffs about which politicians can boast. Furthermore, government funding of research renders it easier for the research to be thwarted by taxpayers – such as fundamentalist evangelical Christians – who disagree with the aims of such research. The most rapid technological advances can be achieved on a pure free market, where research is neither subsidized nor restricted by any government.

Moreover, force is an exceedingly blunt instrument. While it can be used to some effect to dispose of criminals and tyrants, even there it is tremendously imperfect and imposes numerous unintended negative consequences. Transhumanism is not about attempting to overcome material constraints by using coercion. It is, rather, about improving our understanding of natural laws and our ability to harness mind and matter by giving free rein to human experimentation in applying these laws.

Transhumanism fully embraces Francis Bacon’s dictum that “Nature, to be commanded, must be obeyed.” This means working within material constraints – including the laws of economics – and making the most of what is possible. But this also means using human ingenuity to push out our material limits. As genetic modification of crops has resulted in vastly greater volumes of food production, so can genetic engineering, rejuvenation therapies, and personalized medicine eventually result in vastly longer human lifespans. Transhumanism is the logical extrapolation of a free-market economy. The closer we get to an unfettered free market, the faster we could achieve the transhuman goals of indefinite life extension, universal wealth, space colonization, ubiquitous erudition and high culture, and the conquest of natural and manmade existential risks.

Mr. Tucker writes that recognizing the inevitability of death “is akin to admitting that certain fundamental facts of the world, like the ubiquity of scarcity, cannot be changed. Instead of attempting to change it, we must imagine social systems that come to terms with it. This is the core claim of economic science, and it is also the very reason so many refuse to acknowledge its legitimacy or intellectual binding power.” It is undeniable that scarcity exists, and that scarcity of some sort will always exist. However, there are degrees of scarcity. Food, for instance, is much less scarce today than in the Paleolithic era, when the earth could support barely more than a million humans. Furthermore, in some realms, such as digital media, Mr. Tucker himself has acknowledged that scarcity is no longer a significant limitation – because of the capacity to indefinitely reproduce works of art, music, and writing. With the proximate advent of technologies such as three-dimensional printing and tabletop nano-manufacturing, more and more goods will begin to assume qualities that more closely resemble digital goods. Then, as now, some physical resources will be required to produce anything – and these physical resources would continue to be subject to the constraints of scarcity. But it is not inconceivable that we would eventually end up in a Star Trek world of replicators that can manufacture most small-scale goods out of extremely cheap basic substances, which would render those goods nearly free to reproduce. Even in such a world, more traditional techniques may be required to construct larger structures, but subsequent advances may make even those endeavors faster, cheaper, and more accessible.

At no point in time would human lifespans be infinite (in the sense of complete indestructibility or invulnerability). A world of scarcity is, however, compatible with indefinite lifespans that do not have an upper bound. A person’s life expectancy at any point in time would be finite, but that finite amount might increase faster than the person’s age. Even in the era of longevity escape velocity, some people would still die of accidents, unforeseen illnesses, or human conflicts. But the motivation to conquer these perils will be greatly increased once the upper limit on human lifespans is lifted. Thus, I expect actual human mortality to asymptotically approach zero, though perhaps without ever reaching zero entirely. Still, for a given individual, death would no longer be an inevitability, particularly if that individual behaves in a risk-averse fashion and takes advantage of cutting-edge advancements. Even if death is always a danger on some level, is it not better to act to delay or prevent it – and therefore to get as much time as possible to live, create, and enjoy?

Mr. Tucker writes: “To discover the fountain of youth is a perpetual obsession, one that finds its fulfillment in the vitamin cults that promise immortality. We create government programs to pay for people to be kept alive forever on the assumption that death is always and everywhere unwarranted and ought to be stopped. There is no such thing as ‘natural death’ anymore; the very notion strikes us as a cop out.” It is true that there are and have always been many dubious remedies, promising longevity-enhancing benefits without any evidence. However, even if false remedies are considered, we have come a long way from the Middle Ages, where, in various parts of the world, powders of gold, silver, or lead – or even poisons such as arsenic – were considered to have life-extending powers. More generally, the existence of charlatans, frauds, snake-oil salesmen, and gullible consumers does not discredit genuine, methodical, scientific approaches toward life extension or any other human benefit. Skepticism and discernment are always called for, and we should always be vigilant regarding “cures” that sound too good to be true. Nobody credible has said that conquering our present predicament of mortality would be easy or quick. There is no pill one can swallow, and there is little in terms of lifestyle that one can do today – other than exercising regularly and avoiding obviously harmful behaviors – to materially lengthen one’s lifespan. However, if some of the best minds in the world are able to utilize some of the best technology we have – and to receive the philosophical support of the public and the material support of private donors for doing so – then this situation may change within our lifetimes. It is far better to live with this hope, and to work toward this outcome, than to resign oneself to the inevitability of death.

As regards government programs, I find no evidence for Mr. Tucker’s assertion that these programs are the reason that people are being kept alive longer. Implicit in that assertion is the premise that, on a fully free market (where the cost of high-quality healthcare would ultimately be cheaper), people would not voluntarily pay to extend the lives of elderly or seriously ill patients to the same extent that they expect such life extension to occur when funded by Medicare or by the national health-care systems in Canada and Europe. Indeed, Mr. Tucker’s assertion here poses a serious danger to defenders of the free market. It renders them vulnerable to the allegation that an unfettered free market would shorten life expectancies and invite the early termination of elderly or seriously ill patients – in short, the classic nightmare scenario of eliminating the weak, sickly, or otherwise “undesirable” elements. This is precisely what a free market would not result in, because the desire to live is extremely strong for most individuals, and free individuals using their own money would be much more likely to put it toward keeping themselves alive than would a government-based system which must ultimately ration care in one way or another.

Mr. Tucker writes: “Thus do we insist on always knowing the ‘cause’ of death, as if it only comes about through an exogenous intervention, like hurricanes, traffic accidents, shootings, and bombs. But even when a person dies of his own accord, we always want to know so that we have something to blame. Heart failure? Well, he or she might have done a bit more exercise. Let this be a lesson. Cancer? It’s probably due to smoking, or perhaps second-hand smoke. Or maybe it was the carcinogens introduced by food manufacturers or factories. We don’t want to admit that it was just time for a person to die.” Particularly as Austrian Economics, of which Mr. Tucker is a proponent, champions a rigorous causal analysis of phenomena, the above excerpt strikes me as incongruous with how rational thinkers ought to approach any event. Clearly, there are no uncaused events; there is nothing inexplicable in nature. Sometimes the explanations may be difficult or complex to arrive at; sometimes our minds are too limited to grasp the explanations at our present stage of knowledge and technological advancement. However, all valid questions are ultimately answerable, and all problems are ultimately solvable – even if not by us. The desire to know the cause of a death is a desire to know the answers to important questions, and to derive value from such answers by perhaps gathering information that would help oneself and others avoid a similar fate. To say that “it was just time for a person to die” explains nothing; it only attempts to fill in the gaps in our knowledge with an authoritative assertion that forecloses on further inquiry and discovery. While this may, to some, be comforting as a way of “moving on” – to me and other transhumanists it is an eminently frustrating way of burying the substance of the matter with a one-liner.

Mr. Tucker also compares death to sleep: “The denial of death’s inevitability is especially strange since life itself serves up constant reminders of our physical limits. Sleep serves as a kind of metaphor for death. We can stay awake working and having fun up to 18 hours, even 24 or 36, but eventually we must bow to our natures and collapse and sleep. We must fall unconscious so that we can be revived to continue on with our life.” While sleep is a suspension of some activities, death and sleep could not be more different. Sleep is temporary, while death is permanent. Sleep preserves significant aspects of consciousness, as well as a continuity of operations for the brain and the rest of the body. While one sleeps, one’s brain is hard at work “repackaging” the contents of one’s memory to prepare one for processing fresh experiences the next day. Death, on the other hand, is not a preparation for anything. It is the cessation of the individual, not a buildup to something greater or more active. In “How Can I Live Forever: What Does or Does Not Preserve the Self”, I describe the fundamental difference between processes, such as sleep, which preserve the basic continuity of bodily functions (and thus one’s unique vantage point or “I-ness”) and processes that breach this continuity and result in the cessation of one’s being. Continuity-preserving processes are fundamentally incomparable to continuity-breaching processes, and thus the ubiquity and necessity of sleep can tell us nothing regarding death.

Mr. Tucker validly notes that the human desire to live forever can manifest itself in the desire to leave a legacy and to create works that outlive the individual. This is an admirable sentiment, and it is one that has fueled the progress of human civilization even in eras when mortality was truly inevitable. I am glad that our ancestors had this motivation to overcome the sense of futility and despair that their individual mortality would surely have engendered otherwise. But we, standing on their shoulders and benefiting from their accomplishments, can do better. The wonders of technological progress within the near term, about which Mr. Tucker writes eloquently and at length, can be extrapolated to the medium and long term in order for us to see that the transhumanist ideal of indefinite life extension is both feasible and desirable. Free markets, entrepreneurship, and human creativity will help pave the way to the advances that could save us from the greatest peril of them all. I hope that, in time, Mr. Tucker will embrace this prospect as the incarnation, not the enemy, of libertarian philosophy and rational, free-market economics.
Illiberal Belief #11: The Environment Is Steadily Deteriorating – Article by Bradley Doucet

Illiberal Belief #11: The Environment Is Steadily Deteriorating – Article by Bradley Doucet

The New Renaissance Hat
Bradley Doucet
May 13, 2012
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There are plenty of potential sources of concern when it comes to the environment. We are polluting the air we breathe and the water we drink; we are depleting the oceans of fish; we are punching holes in the ozone layer; we are warming the climate to dangerous levels—and all of these problems, we are given to believe, are only getting worse.

Taken together, these worries, along with the ones discussed in more detail above, make up what Danish statistician Bjorn Lomborg referred to as The Litany in his controversial(1) 2001 book, The Skeptical Environmentalist. Lomborg plumbs the available data and the environmentalists’ arguments on each of these issues and discovers, to his surprise, that things are not as bad as they are made out to be. Like forest cover, air and water quality are generally improving in the developed world, and have been for decades. The ozone problem had a fairly simple and affordable solution which has been implemented. As for the climate issue, even setting aside the serious uncertainties contained in computer models, it will be much easier for us to adapt to future warming than to try, largely in vain, to prevent it. Our trillions of dollars, Lomborg emphasizes, would be far better spent dealing with more pressing problems like poverty in the developing world—and, he adds, helping the world’s poor climb out of poverty would have the additional benefit of allowing them the relative luxury of caring about and improving the state of their forests and the quality of their air.

We need not choose between improving the environment and alleviating world poverty, for the two categories of problems stem from the same kinds of causes. It is inadequately secure property rights and protectionist trade policies that keep the world’s poor from improving their lot; it is the absence of adequate property rights that threatens the ocean’s fisheries; it is irrational government policies that give polluters the right to pollute and forbid those whose property is polluted from seeking damages; it is government subsidies that lead to the wasteful use of water and other resources. We don’t often hear it in the media, but the solution to global poverty and to the environmental problems that do exist is one and the same: greater economic freedom.

1. Readers who are curious about this controversy are invited to visit www.greenspirit.com to see the debate between Lomborg and Scientific American, and decide for themselves which party is trying to clarify the issues and which is trying to muddy the waters.

Bradley Doucet is Le Quebecois Libré‘s English Editor. A writer living in Montreal, he has studied philosophy and economics, and is currently completing a novel on the pursuit of happiness. He also writes for The New Individualist, an Objectivist magazine published by The Atlas Society, and sings.

CISPA is the New SOPA – Article by Ron Paul

CISPA is the New SOPA – Article by Ron Paul

The New Renaissance Hat
Ron Paul
April 24, 2012
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Earlier this year, strong public opposition led by several prominent websites forced Congressional leaders to cancel votes on two bills known in Washington as “SOPA” and “PIPA.”  Both of these bills threatened search engines and websites with possible shutdowns if the Justice Department deemed them insufficiently cooperative with our phony “war on terror,” or if they were merely accused of copyright infringement.  Fortunately the American public flooded Capitol Hill with phone calls and Congressional leaders dropped both bills.

But we should never underestimate the federal government’s insatiable desire to control the internet.  Statists of all parties, persuasions, and nationalities hate the free, unbridled flow of information, ideas, and goods via the internet.  They resent the notion that ordinary people can communicate and trade across the world without government filters or approvals.  So they continually seek to impose controls, always under the guise of fighting terrorism or protecting “intellectual property” rights.

The latest assault on internet freedom is called the “Cyber Intelligence Sharing and Protection Act,” or “CISPA,” which may be considered by Congress this week.  CISPA is essentially an internet monitoring bill that permits both the federal government and private companies to view your private online communications with no judicial oversight–provided, of course, that they do so in the name of “cybersecurity.”  The bill is very broadly written, and allows the Department of Homeland Security to obtain large swaths of personal information contained in your emails or other online communication.  It also allows emails and private information found online to be used for purposes far beyond any reasonable definition of fighting cyberterrorism.

CISPA represents an alarming form of corporatism, as it further intertwines government with companies like Google and Facebook.  It permits them to hand over your private communications to government officials without a warrant, circumventing well-established federal laws like the Wiretap Act and the Electronic Communications Privacy Act.  It also grants them broad immunity from lawsuits for doing so, leaving you without recourse for invasions of privacy.  Simply put, CISPA encourages some of our most successful internet companies to act as government spies, sowing distrust of social media and chilling communication in one segment of the world economy where America still leads.

Proponents of CISPA may be well-intentioned, but they unquestionably are leading us toward a national security state rather than a free constitutional republic.  Imagine having government-approved employees embedded at Facebook, complete with federal security clearances, serving as conduits for secret information about their American customers.  If you believe in privacy and free markets, you should be deeply concerned about the proposed marriage of government intelligence gathering with private, profit-seeking companies.  CISPA is Big Brother writ large, putting the resources of private industry to work for the nefarious purpose of spying on the American people. We can only hope the public responds to CISPA as it did to SOPA back in January.  I urge you to learn more about the bill by reading a synopsis provided by the Electronic Frontier Foundation on their website at eff.org.  I also urge you to call your federal Senators and Representatives and urge them to oppose CISPA and similar bills that attack internet freedom.

Representative Ron Paul (R – TX), MD, is a Republican candidate for U. S. President. See his Congressional webpage and his official campaign website. 

This article has been released by Dr. Paul into the public domain and may be republished by anyone in any manner.

A Barrage of Assaults on Internet Freedom – Video by G. Stolyarov II

A Barrage of Assaults on Internet Freedom – Video by G. Stolyarov II


Even after SOPA/PROTECT IP’s demise, assaults on the Internet in its present form have continued on a variety of fronts. Some of these assaults are in the form of legislation, while others are deployed by nominally private entities that in fact thrive on political connections and special privileges. These attempts would limit harmless individual expression and create the presumption of guilt with respect to online activity — quashing that activity until the accused can demonstrate his innocence.

Mr. Stolyarov focuses on four of these assaults: H.R. 3523 – the dubiously named Cyber Intelligence Sharing and Protection Act (CISPA), NSA surveillance, ISP/trade-association cooperation, and Arizona’s House Bill 2549.

Remember to LIKE, FAVORITE, and SHARE this video in order to spread rational discourse on this issue.

References:
– “A Barrage of Assaults on Internet Freedom” – Essay by G. Stolyarov II
– “Cyber Intelligence Sharing and Protection Act” – Wikipedia
– “Stop Online Piracy Act” – Wikipedia
– “PROTECT IP Act” – Wikipedia
– “The NSA Is Building the Country’s Biggest Spy Center (Watch What You Say)” – James Bamford – Wired Magazine – March 15, 2012
– “NSA vs USA: Total surveillance zooms-in on Americans” – Video from RT
– “RIAA chief: ISPs to start policing copyright by July 1“- Greg Sandoval – cNet – March 14, 2012
– “American ISPs to launch massive copyright spying scheme on July 12” – Stephen C. Webster – Raw Story – March 15, 2012
– “US ranked 26th in global Internet speed, South Korea number one” – Shawn Knight – TechSpot – September 21, 2011
– “Arizona bill could criminalize Internet trolling” – Chris Morris – Yahoo! Games – April 3, 2012
– “Arizona Wants to Outlaw Trolling by Banning ‘Annoying’ Comments” – Paul Lilly – Maximum PC – April 5, 2012

A Barrage of Assaults on Internet Freedom – Article by G. Stolyarov II

A Barrage of Assaults on Internet Freedom – Article by G. Stolyarov II

The New Renaissance Hat
G. Stolyarov II
April 11, 2012
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           After massive public outrage and activism by major technology companies in January 2012 put an end to the draconian proposed Stop Online Piracy Act (SOPA) and PROTECT IP Act, one might have expected the US political and media establishments to relent in their attempts to suppress Internet freedom. But the assaults on the Internet in its present form have continued on a variety of fronts. Some of these assaults are in the form of legislation, while others are deployed by nominally private entities that in fact thrive on political connections and special privileges. These attempts would limit harmless individual expression and create the presumption of guilt with respect to online activity – quashing that activity until the accused can demonstrate his innocence. Virtually every attempt is promoted under the guise of one of four motivations: “security” against “terrorist” online activities, copyright protection, protection against pornography, or the simple desire not to be offended.

            Consider H.R. 3523 – the dubiously named Cyber Intelligence Sharing and Protection Act (CISPA). Like most of the worst bills, it is a “bipartisan” creature, sponsored by Representatives Michael Rogers (R-MI), C. A. “Dutch” Ruppersberger (D-MD), and 29 others. This bill is being advanced with the dual ostensible purpose of “protecting” networks against unspecified “attacks” and enforcing copyright and patent law. The end result of the bill would be a virtually unlimited power of the US federal government (or private companies that would be empowered to “voluntarily” hand over private user data to the federal government) to monitor any and all online activities at any time without a warrant – even if the activities have no relation to online attacks or infringement of patents or copyrights. Furthermore, there is no limitation in CISPA on how the information collected by government agencies and private companies could be used – and no guarantee that it will not be used for purposes other than “cybersecurity.”  Indeed, the agencies to whom CISPA would delegate authority over “cybersecurity” – the National Security Agency and Cybercommand – are military agencies that are permitted to operate in complete secrecy regarding their aims and protocols. This is a common pattern in attempts to gain power over the Internet: a specific series of threats is asserted, but the proposed “remedy” to these threats is so broad and general as to encompass practically every online activity – with no safeguards to preclude nefarious uses, even when including those safeguards would be a matter of basic common sense. This leads to the unsurprising conclusion that the specific threats are a mere convenient excuse for something else.

            The National Security Agency, in the meantime, does not believe that it even requires legal authority (much less Constitutional authority) to construct a massive data center in Bluffdale, Utah (see this article from Wired Magazine and this video from RT) that is intended to capture and store all e-mails, voice mails, online searches, and other Internet activities by all Americans, all under the ostensible aim of somehow enhancing “national security” – as if your phone conversation with a friend or business e-mail could somehow have any conceivable connection to terrorist activity! While this information will do nothing to prevent terrorist attacks, it will allow the federal government to launch investigations of individuals on the basis of information that has hitherto remained off-limits: sensitive health and lifestyle data, details of private lives that individuals would rather not share with the outside world, the misconstrued off-hand remark in an e-mail or text message, legitimate and peaceful entrepreneurship or intellectual expression that are disagreeable to some federal official, or the unintended violation of some obscure federal law that one did not even know existed.  Even today’s deeply convoluted and often inscrutable system of federal laws can be endured by most Americans, simply because the federal government does not have the ability to pry into the minutiae of each of their lives. Of course, there is so much information online that the NSA would not be able to focus on every individual’s activities in real time. But with access to the entire “electronic footprint” of a person, crucial information about such activities could be produced on demand – say, if a powerful politician wished to investigate a vocal critic for tax evasion (as Franklin Roosevelt often did to his political opponents), or if a federal agency sought to catch a prominent activist in an act of indiscretion (as the FBI routinely attempted to do with leaders of the civil-rights movement). Such surveillance will not lead to every technical violation of every obscure prohibition or mandate being recognized and punished – but if you stand out too much and attract notice for other (perfectly legal) reasons, beware!

          Much of the vast information that would come to the NSA would be automatically flagged for containing “suspicious” keywords or patterns of words – without the imposition of a common-sense filter of meaning. There is the real possibility that Americans might be subject to surveillance, investigation, prosecution, or worse, on the basis of a statistical algorithm. The NSA is even working on ways to break some of the codes used by individuals to encrypt their online communications – a deliberate attempt to bypass privacy safeguards which these individuals have intentionally put in place.

            The trade associations for establishment media interests, the Recording Industry Association of America (RIAA) and Motion Picture Association of America (MPAA), have not stopped in their designs to limit internet freedom for people merely suspected of copyright infringement. Having lost the legislative battle (which they will surely attempt to fight again), the RIAA and MPAA have instead decided to partner with the regional-monopoly high-speed internet service providers (ISPs) in order to arrive at a “voluntary” scheme of graduated response against individuals whose usage of Internet bandwidth is deemed “suspicious.”  This arrangement is expected come into effect on July 1, 2012, and would, in practice, largely affect users of torrents (which could be utilized for entirely legal purposes, such as an independent artist or game designer freely “seeding” his own work). The first several times, torrent users would be given warnings and asked to attend RIAA/MPAA-sponsored “educational” courses. Ultimately, after repeated suspicions of “infringement,” the ISPs would be required to severely limit the user’s bandwidth – although it is not clear whether they would be permitted to terminate Internet access for the user altogether. All this would be done without recourse to legal due process, without the presumption of innocence, and without the opportunity for the accused user to demonstrate innocence to a body whose Executive Board will be comprised of RIAA/MPAA leadership anyway.

            While this arrangement may superficially seem like a consensual deal among private trade associations and private ISPs, this is far from the underlying reality. Neither the RIAA/MPAA nor the American ISPs are close to free-market entities. The RIAA and MPAA have routinely attempted to use the force of legislation to limit competition and protect the market dominance of their members – the large film and recording studios whose greatest fear is the open, free, decentralized culture of creation emerging on the Internet. The ISPs grew out of telephone companies with local or regional monopolies on service granted to them by law – a legacy of the breakup of AT&T, which until 1982 was the coercive telephone monopoly in the United States. While the AT&T breakup legalized some measure of competition, it did not provide for a market of truly open entry in each jurisdiction; rather, each of AT&T’s pieces (many of which have since re-consolidated) became a mini-AT&T and has used its monopoly profits to artificially bolster itself in subsequent rounds of technological evolution. As a result of their legal privilege, many large ISPs have been able to engage in quasi-monopolistic practices, including the capping of bandwidth on ostensibly “unlimited” plans, the requirement that customers rent modem equipment which they could easily purchase themselves, byzantine phone “help” lines which seem more designed to deter consumers from calling than to actually offer assistance from real people, and frequent reluctance to improve Internet infrastructure despite the ready technological means to do so. The coercive monopolies of the ISPs have resulted in the United States being in mere 26th place in the world – just slightly ahead of the global average – for Internet download speeds. In South Korea, typical Internet speeds are about four times faster – a tantalizing hint at what a freer, more competitive market could accomplish for consumers.  Some of the greatest harms of unfreedom come not in the form of direct legislative or executive action, but rather from the creatures of unfreedom – the politically privileged entities that would not have existed in a free society and that use their power to make deals amongst themselves at consumers’ expense.

            For those who do not understand that freedom of speech includes freedom to offend, there is a new possible recourse in Arizona’s House Bill 2549 (see here and here), which has already passed both houses of the Arizona Legislature. The bill is intended as a way of deterring online bullying, but it would, among other prohibitions, render it illegal to use “any electronic or digital device” to “annoy or offend” anyone or to “use any obscene, lewd or profane language” – punishable by six months in jail for violations that do not involve actual stalking. If you make a controversial comment about a political or religious subject – or simply offend someone’s tastes in art, sports, or food – you will certainly “annoy” someone and be guilty of a Class 1 misdemeanor in Arizona. And as for that First Amendment and its guarantee of free speech – bring that up, and you will surely have annoyed someone, so off to jail you go. And if you think that “profane language” is limited to words relating to human bodily functions, a religious fundamentalist might have a rather different understanding of that term, which might involve your disbelief or less fervent belief in the principles of his religion.

          The pattern is clear: a seemingly limited purpose with at least some public sympathy is used as a rationale for unprecedented, sweeping powers of surveillance and punishment – designed to transform the Internet of today from an engine of creativity and individual empowerment into a tamed arm of the establishment. The Internet envisioned by the politicians and lobbyists championing CISPA, NSA surveillance, ISP/trade-association cooperation, and Arizona’s House Bill 2549 is a glorified and technological version of “bread and circuses” for the masses – providing them with plenty of entertainment but within carefully controlled and supervised parameters. The intellectual innovator, the independent artist, the small-scale technologist, the do-it-yourself researcher, the electronic activist, the open-source software designer – all members of the “read-write” Internet culture of individual hyper-empowerment – have no place in the centrally planned world of these political and media elites. The old world in which these elites thrived is rapidly succumbing to the broadly uplifting possibilities of electronic technology – but they will not let their power go without a fight. As the downfall of SOPA and PROTECT IP showed, only massive public outrage can defeat ongoing efforts to limit Internet freedom, the last bastion of largely unfettered liberty that exists in contemporary Western societies. An Internet that continues to be predominantly individualistic and unrestrained can catalyze technological and cultural progress that will make freedom and prosperity in all other areas possible within our lifetimes. An Internet that is placed in shackles will become a mere tragic tool for surveillance and social control.