March 20, 2018

A Response to Jerry: Craig Should Still Dismiss

[Cross-posted on my blog, Managing Miracles]

Jerry Brito, a sometimes contributor to this blog, has a new post on the Reason blog arguing that I and others have been too harsh on Craigslist for their recent lawsuit. As I wrote in my earlier post, Craigslist should give up the lawsuit not just because it’s unlikely to prevail, but also because it risks setting bad precedents and is downright distasteful. Jerry argues that what the startups that scrape Craigslist data are doing doesn’t “sit well,” and that there are a several reasons to temper criticism of Craigslist.

I remain unconvinced.

To begin with, the notion that something doesn’t “sit well” is not necessarily a good indicator that one can or should prevail in legal action. To be sure, tort law (and common law more generally) develops in part out of our collective notion of what does or doesn’t seem right. Jerry concedes that the copyright claims are bogus, and that the CFAA claims are ill-advised, so we’re left with doctrines like misappropriation and trespass to chattels. I’ll get to those in a moment.
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Are There Countries Whose Situations Worsened with the Arrival of the Internet?

Are there countries whose situations worsened with the arrival of the internet?  I’ve been arguing that there are lots of examples of countries where technology diffusion has helped democratic institutions deepen.  And there are several examples of countries where technology diffusion has been part of the story of rapid democratic transition.  But there are no good examples of countries where technology diffusion has been high, and the dictators got nastier as a result.

Over twitter, Eric Schmidt, Google CEO, recently opined the same thing.  Evgeny Morozov, professional naysayer, asked for a graph.

So here is a graph and a list.  I used PolityIV’s democratization scores from 2002 and 2011.  I used the World Bank/ITU data on internet users.  I merged the data and made a basic graph.  On the vertical axis is the change in percent of a country’s population online over the last decade.  The horizontal axis reflects any change in the democratization score–any slide towards authoritarianism is represented by a negative number.  For Morozov to be right, the top left corner of this graph needs to have some cases in it.

Change in Percentage Internet Users and Democracy Scores, By Country, 2002-2011


Look at the raw data.

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Congressman Issa's "Internet Law Freeze": Appealing but Impractical

This week, Congressman Darrell Issa released a draft bill that would prevent Congress and administrative agencies from creating any new internet-related laws, rules, or regulations. The Internet American Moratorium Act (IAMA) is a rhetorical stake in the ground for the notion that the government should “keep its hands off the internet.” In the wake of successful blockage of SOPA/PIPA legislation–which would have interfered with basic internet functionality in the name of combating content piracy–there is renewed energy in DC to stop ill-advised internet-related laws and rules. Issa has been quoted as saying that the government needs a, “cooling-off period to figure out a better way to create policy that impacts Internet users.” The relevant portion of the bill reads:

It is resolved in the House of Representatives and Senate that they shall not pass any new legislation for a period of 2 years from the date of enactment of this Act that would require individuals or corporations engaged in activities on the Internet to meet additional requirements or activities. After 90 days of passage of this Act no Department or Agency of the United States shall publish new rules or regulations, or finalize or otherwise enforce or give lawful effect to draft rules or regulations affecting the Internet until a period of at least 2 years from the enactment of this legislation has elapsed.

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