Government Use of Hackers as an Object of Fear
Interesting article about the perception of hackers in popular culture, and how the government uses the general fear of them to push for more power:
But these more serious threats don’t seem to loom as large as hackers in the minds of those who make the laws and regulations that shape the Internet. It is the hacker—a sort of modern folk devil who personifies our anxieties about technology—who gets all the attention. The result is a set of increasingly paranoid and restrictive laws and regulations affecting our abilities to communicate freely and privately online, to use and control our own technology, and which puts users at risk for overzealous prosecutions and invasive electronic search and seizure practices. The Computer Fraud and Abuse Act, the cornerstone of domestic computer-crime legislation, is overly broad and poorly defined. Since its passage in 1986, it has created a pile of confused caselaw and overzealous prosecutions. The Departments of Defense and Homeland Security manipulate fears of techno-disasters to garner funding and support for laws and initiatives, such as the recently proposed Cyber Intelligence Sharing and Protection Act, that could have horrific implications for user rights. In order to protect our rights to free speech and privacy on the internet, we need to seriously reconsider those laws and the shadowy figure used to rationalize them.
In the effort to protect society and the state from the ravages of this imagined hacker, the US government has adopted overbroad, vaguely worded laws and regulations which severely undermine internet freedom and threaten the Internet’s role as a place of political and creative expression. In an effort to stay ahead of the wily hacker, laws like the Computer Fraud and Abuse Act (CFAA) focus on electronic conduct or actions, rather than the intent of or actual harm caused by those actions. This leads to a wide range of seemingly innocuous digital activities potentially being treated as criminal acts. Distrust for the hacker politics of Internet freedom, privacy, and access abets the development of ever-stricter copyright regimes, or laws like the proposed Cyber Intelligence Sharing and Protection Act, which if passed would have disastrous implications for personal privacy online.