Recent news regarding the release of a video by the website Wikileaks has led to an inspection of the legal and national status of sites like Wikileaks – and indeed have called into question the whole nature of national identity and sovereignty. This New York Times article makes several interesting observations that can lead to further discussion.
The article spends considerable time discussing the legal questions surrounding Wikileaks and how it can host the content that it does:
“WikiLeaks publishes its material on its own site, which is housed on a few dozen servers around the globe, including places like Sweden, Belgium and the United States that the organization considers friendly to journalists and document leakers.”
Because the material (data in this case) is hosted in multiple different countries – each with their own laws on privacy and freedom of speech – Wikileaks can serve its content to users across the global internet without being subject to laws of some nation that might prohibit the possession of such material. Essentially, the law remains stubbornly fettered by national boundaries, while the internet vaults (relatively) freely across borders and cultures. Wikileaks exploits this asymmetry (and others) to find an effective means of distributing information that previously had been controlled by ruling powers.
We have seen this asymmetry before in a number of areas. Military’s around the globe have complained about Google Earth opening up access to satellite imagery that at one time was the top-secret preserve of elite American and Soviet commanders. Now anybody with an internet connection can access satellite or aerial photographs of numerous sensitive military bases and research facilities. Plenty of digital ink has been spilled (including by me) about the empowering nature of information and communications technologies in Iran during the post-election period of 2009 that permitted individual citizens armed with nothing more than mobile phones to distribute information that the Iranian state actively sought to suppress. And the question of enforcing intellectual property rights has always been good for bombastic acts such as the Pirate Bay’s doomed effort to purchase the micro-(non)nation of Sealand and establish a state free of the legal jurisdiction of copyright.
Wikileaks represents another example of the challenge that a globally distributed network like the world wide web poses to the sovereignty and supremacy of the nation-state. The state has become more aware of this threat of late – the debate surrounding the newly enacted Digital Economy Bill in the UK demonstrates only the most recent example of a government attempting to get a tighter grip on the internet – but it is also increasingly seeing deterritorialized web entities position themselves as legitimate adversaries to state power (witness Google vs. China).
As access to the network extends to more and more people, and as our society and economy become more and more reliant upon the remote access to information and computing resources on the network, these issues will only be thrown in further relief.
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This is already a long blog post, but I want to share an essay I wrote for a course taught by Manuel Castells last year at the conclusion of my graduate studies. It analyzes this issue in greater depth and situates it within the context of the origins of the internet, and the decisions that were made then regarding network standards and procedures.