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What Unites Advocates of Speech Controls & Privacy Regulation?

by on August 11, 2009 · 23 comments

What Unites Advocates of Speech Controls & Privacy Regulation? [pdf]

by Adam Thierer & Berin Szoka The Progress & Freedom Foundation, Progress on Point No. 16.19

Anyone who has spent time following debates about speech and privacy regulation comes to recognize the striking parallels between these two policy arenas. In this paper we will highlight the common rhetoric, proposals, and tactics that unite these regulatory movements. Moreover, we will argue that, at root, what often animates calls for regulation of both speech and privacy are two remarkably elitist beliefs:

  1. People are too ignorant (or simply too busy) to be trusted to make wise decisions for themselves (or their children); and/or,
  2. All or most people share essentially the same values or concerns and, therefore, “community standards” should trump household (or individual) standards.

While our use of the term “elitism” may unduly offend some understandably sensitive to populist demagoguery, our aim here is not to launch a broadside against elitism as Time magazine culture critic William H. Henry once defined it: “The willingness to assert unyieldingly that one idea, contribution or attainment is better than another.”[1] Rather, our aim here is to critique that elitism which rises to the level of political condescension and legal sanction. We attack not so much the beliefs of some leaders, activists, or intellectuals that they have a better idea of what it in the public’s best interest than the public itself does, but rather the imposition of those beliefs through coercive, top-down mandates.

That sort of elitism—elitism enforced by law—is often the objective of speech and privacy regulatory advocates. Our goal is to identify the common themes that unite these regulatory movements, explain why such political elitism is unwarranted, and make it clear how it threatens individual liberty as well as the future of free and open Internet. As an alternative to this elitist vision, we advocate an empowerment agenda: fostering an environment in which users have the tools and information they need to make decisions for themselves and their families. Continue reading →

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NYT Article on Age Verification & Schools

by on November 15, 2008 · 4 comments

In a big post two months ago entitled “Age Verification Debate Continues; Schools Now at Center of Discussion,” I noted that there has been an important shift in the age verification debate: Schools and school records are increasingly being viewed as the primary mechanism to facilitate online identity authentication transactions. I pointed out that this raises two very serious questions: Do we want schools to serve as DMVs for our children? And, do we want more school records or information about our kids being accessed or put online?

Brad Stone of the New York Times has just posted an important article with relevance to this debate. In it, he points out that:

performing so-called age verification for children is fraught with challenges. The kinds of publicly available data that Web companies use to confirm the identities of adults, like their credit card or Social Security numbers, are either not available for minors or are restricted by federal privacy laws. Nevertheless, over the last year, at least two dozen companies have sprung up with systems they claim will solve the problem. Surprisingly, their work is proving controversial and even downright unpopular among the very people who spend their days worrying about the well-being of children on the Web. Child-safety activists charge that some of the age-verification firms want to help Internet companies tailor ads for children. They say these firms are substituting one exaggerated threat — the menace of online sex predators — with a far more pervasive danger from online marketers like junk food and toy companies that will rush to advertise to children if they are told revealing details about the users.

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