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- ACROSS THE ELECTRONIC FRONTIER
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- by: Mitchell Kapor and John Perry Barlow
- Electronic Frontier Foundation
- Washington, D.C.
- July 10, 1990
-
- Over the last 50 years, the people of the developed world have begun to
- cross into a landscape unlike any which humanity has experienced before.
- It is a region without physical shape or form. It exists, like a
- standing wave, in the vast web of our electronic communication systems.
- It consists of electron states, microwaves, magnetic fields, light
- pulses and thought itself.
-
- It is familiar to most people as the "place" in which a long-distance
- telephone conversation takes place. But it is also the repository for
- all digital or electronically transferred information, and, as such, it
- is the venue for most of what is now commerce, industry, and broad-scale
- human interaction. William Gibson called this Platonic realm
- "Cyberspace," a name which has some currency among its present
- inhabitants.
-
- Whatever it is eventually called, it is the homeland of the Information
- Age, the place where the future is destined to dwell.
-
- In its present condition, Cyberspace is a frontier region, populated by
- the few hardy technologists who can tolerate the austerity of its savage
- computer interfaces, incompatible communications protocols, proprietary
- barricades, cultural and legal ambiguities, and general lack of useful
- maps or metaphors.
-
- Certainly, the old concepts of property, expression, identity, movement,
- and context, based as they are on physical manifestation, do not apply
- succinctly in a world where there can be none.
-
- Sovereignty over this new world is also not well defined. Large
- institutions already lay claim to large fiefdoms, but most of the actual
- natives are solitary and independent, sometimes to the point of
- sociopathy. It is, therefore, a perfect breeding ground for both
- outlaws and vigilantes. Most of society has chosen to ignore the
- existence of this arising domain. Every day millions of people use
- ATM's and credit cards, place telephone calls, make travel reservations,
- and access information of limitless variety. . . all without any
- perception of the digital machinations behind these transactions.
-
- Our financial, legal, and even physical lives are increasingly dependent
- on realities of which we have only dimmest awareness. We have entrusted
- the basic functions of modern existence to institutions we cannot name,
- using tools we've never heard of and could not operate if we had.
-
- As communications and data technology continues to change and develop at
- a pace many times that of society, the inevitable conflicts have begun
- to occur on the border between Cyberspace and the physical world.
-
- These are taking a wide variety of forms, including (but hardly limited
- to) the following:
-
- I. Legal and Constitutional Questions
-
- What is free speech and what is merely data? What is a free press
- without paper and ink? What is a "place" in a world without tangible
- dimensions? How does one protect property which has no physical form
- and can be infinitely and easily reproduced? Can the history of one's
- personal business affairs properly belong to someone else? Can anyone
- morally claim to own knowledge itself?
-
- These are just a few of the questions for which neither law nor custom
- can provide concrete answers. In their absence, law enforcement
- agencies like the Secret Service and FBI, acting at the disposal of
- large information corporations, are seeking to create legal precedents
- which would radically limit Constitutional application to digital
- media.
-
- The excesses of Operation Sun Devil are only the beginning of what
- threatens to become a long, difficult, and philosophically obscure
- struggle between institutional control and individual liberty.
-
- II. Future Shock
-
- Information workers, forced to keep pace with rapidly changing
- technology, are stuck on "the learning curve of Sisyphus."
- Increasingly, they find their hard-acquired skills to be obsolete even
- before they've been fully mastered. To a lesser extent, the same applies
- to ordinary citizens who correctly feel a lack of control over their own
- lives and identities.
-
- One result of this is a neo-Luddite resentment of digital technology
- from which little good can come. Another is a decrease in worker
- productivity ironically coupled to tools designed to enhance it.
- Finally, there is a spreading sense of alienation, dislocation, and
- helplessness in the general presence of which no society can expect to
- remain healthy.
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- III. The "Knows" and the "Know-Nots"
-
- Modern economies are increasingly divided between those who are
- comfortable and proficient with digital technology and those who neither
- understand nor trust it. In essence, this development disenfranchises
- the latter group, denying them any possibility of citizenship in
- Cyberspace and, thus, participation in the future.
-
- Furthermore, as policy-makers and elected officials remain relatively
- ignorant of computers and their uses, they unknowingly abdicate most of
- their authority to corporate technocrats whose jobs do not include
- general social responsibility. Elected government is thus replaced by
- institutions with little real interest beyond their own quarterly
- profits.
-
- We are founding the Electronic Frontier Foundation to deal with these
- and related challenges. While our agenda is ambitious to the point of
- audacity, we don't see much that these issues are being given the broad
- social attention they deserve. We were forced to ask, "If not us, then
- who?"
-
- In fact, our original objectives were more modest. When we first heard
- about Operation Sun Devil and other official adventures into the digital
- realm, we thought that remedy could be derived by simply unleashing a
- few highly competent Constitutional lawyers upon the Government. In
- essence, we were prepared to fight a few civil libertarian brush fires
- and go on about our private work.
-
- However, examination of the issues surrounding these government actions
- revealed that we were dealing with the symptoms of a much larger malady,
- the collision between Society and Cyberspace.
-
- We have concluded that a cure can lie only in bringing civilization to
- Cyberspace. Unless a successful effort is made to render that harsh and
- mysterious terrain suitable for ordinary inhabitants, friction between
- the two worlds will worsen. Constitutional protections, indeed the
- perceived legitimacy of representative government itself, might
- gradually disappear.
-
- We could not allow this to happen unchallenged, and so arises the
- Electronic Frontier Foundation. In addition to our legal interventions
- on behalf of those whose rights are threatened, we will:
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- % Engage in and support efforts to educate both the general public
- and policymakers about the opportunities and challenges posed by
- developments in computing and telecommunications.
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- % Encourage communication between the developers of technology,
- government, corporate officials, and the general public in which we
- might define the appropriate metaphors and legal concepts for life in
- Cyberspace.
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- % And, finally, foster the development of new tools which will endow
- non-technical users with full and easy access to computer-based
- telecommunications.
-
- One of us, Mitch Kapor, had already been a vocal advocate of more
- accessible software design and had given considerable thought to some of
- the challenges we now intend to meet.
-
- The other, John Perry Barlow, is a relative newcomer to the world of
- computing (though not to the world of politics) and is therefore
- well-equipped to act as an emissary between the magicians of technology
- and the wary populace who must incorporate this magic into their daily
- lives.
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- While we expect the Electronic Frontier Foundation to be a creation of
- some longevity, we hope to avoid the sclerosis which organizations
- usually develop in their efforts to exist over time. For this reason we
- will endeavor to remain light and flexible, marshalling intellectual and
- financial resources to meet specific purposes rather than finding
- purposes to match our resources. As is appropriate, we will communicate
- between ourselves and with our constituents largely over the electronic
- Net, trusting self-distribution and self-organization to a much greater
- extent than would be possible for a more traditional organization.
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- We readily admit that we have our work cut out for us. However, we are
- greatly encouraged by the overwhelming and positive response which we
- have received so far. We hope the Electronic Frontier Foundation can
- function as a focal point for the many people of good will who wish to
- settle in a future as abundant and free as the present.
-
- The Electronic Frontier Foundation
- 155 Second Street
- Cambridge, MA 02141
- +1 617 864 1550
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- eff@eff.org
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