The Washington Outsider

Regulating the Internet: An Issue Of Community Rights Versus Individual Rights

4/13/2018

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The internet has become a target of government.  Events, including the passage of FOSTA-SESTA and the Congressional testimony of Facebook’s founder Mark Zuckerberg, signal a shift away from US government’s liberal treatment of the internet.  In practical terms, this likely means increased regulation of the world wide web through the regulation of technology companies.  Because US citizens enjoy broad Constitutional protections, including the right to free speech and freedom of expression, the US government will be limited in what action it can take against US citizens, though public officials are likely to test how far individual protections extend into the cyberworld.  Because there is no international bill of civil rights, the US government will be free to impose penalties, such as targeted sanctions, against foreigners who run afoul of US interests.  For other governments, how they treat their citizens and foreigners will depend on their laws, but the US government’s move to shape internet regulation will certainty inspire them to take greater regulatory action.
​If reactions to the passage of FOSTA-SESTA, which include criticism of the legislative efforts as ineffective and harmful as well as censoring actions by companies like Craigslist, Microsoft, and Google, are any indication, internet companies are likely to respond to increased regulation by restricting user activity.  The kinds of reactions inspired by FOSTA-SESTA help feed the narrative fierce opponents of internet regulation have pushed for years.  It is a narrative that frames the issue of internet regulation as one of freedom versus government oppression.  One of the things Zuckerberg’s Congressional testimony did, however, was showcase the failure of technology companies to protect the interests of users, i.e. their security as well as their rights, because issues like user privacy are a secondary concern to businesses seeking profits.  In other words, Facebook demonstrated a need for government action exists.  For average people and internet users, the regulation of the internet is actually an issue of individual security versus civil liberties.
 
For the individuals, freedom on the internet means the freedom to express ones views without legal consequences from government or community bans from social media platforms, such as Facebook.  It also means the freedom to explore and cultivate economic opportunities created by the internet.  For information technology businesses, it means the ability to craft policies and engage in business practices without legal restrictions or consequences.  For the individual, freedom is only possible when there is also security.  Just as in the real world, the internet only provides individuals freedom when it also secures that freedom.  Without a reasonable right to privacy, for example, the cost of participating in the internet, or even living in a world where the internet impacts all aspects of life, becomes so great that freedom empowers wrongdoers and oppression forces, which undermines individual freedoms for everyone.  In other words, the internet becomes illiberal.
 
Regulating the internet is, in reality, an issue of individual rights versus community rights.  A lack of regulation empowers powerful actors, such as businesses and individuals with the expertise to harness the power of technology to further their interests at the expense of others, to victimize average individuals.  Improper and too much regulation empowers governments to oppress those who lack the means to protect themselves.  A lack of regulation fosters communities where the powerful are free to do as they please.  Community rights and the struggle to balance them with individual rights on the internet parallel cultural rights, such as the rights of religious groups, and the struggle to protect cultural rights without crushing the civil liberties of individuals.  To protect the freedom of a community, the freedoms of individuals must often be regulated while the freedoms of the community must be regulated to protect the freedom of an individual.
 
Proper regulation is an issue of protecting and balancing the freedom of individuals and groups of individuals.  The current effort to regulate the internet is centered on preventing the open sexual exploitation of people and, to a larger extend, ensuring a reasonable right to privacy.  Ill-democratic to non-democratic governments have long approached the interest as a vector to seize power and oppress while the US government is slowly responding to the need for internet governance.  Europe, in contrast, has been trying to achieve balance between freedom and regulation on the internet for some time.  Google, for example, recently lost a high-profile case surrounding the so-called “right to be forgotten” while Europe is also likely to confront Facebook over the Cambridge Analytica Scandal.  Europeans have failed to fully address the negative implications of their policies and legal actions actions, but they are leading the charge to regulate the internet and they are most likely to hold internet giants accountable when their business models fail to actually protect individual rights.
 
Quite frankly, democratic governments and information companies technology need to proactively work together to protect and balance freedoms on the internet.  They need to proactively address the negatives of the internet.  Unfortunately, governments, for the most part, are likely unprepared to actually regulate the internet in a meaningful or effective manner without imposing unnecessary costs nor are they prepared to protect individuals who become victims of the internet.  Technology firms like Google and Facebook have an interest in suppressing internet regulation, because their business models are predicated on the violation of privacy rights.  They need to help shape regulation to protect legitimate business activities on the internet and proactively transform themselves before they create more problems.  For Facebook and Google, the internet experience is a choice, but the choice is often made for internet users, because the business models of these companies require them to either exclude users who seek to protect their privacy or make it practically impossible to assert their rights.
 
What Facebook and Google have in common, like a great number of internet and social media giants, is a business model that exploits user data to derive profit.  Facebook, Google Plus, nor almost any other social media platform is just a platform for the exchange of ideas that happens to use advertisements as a revenue source.  They are not interactive newspapers or online forums.  Social media platforms are data gathering platforms that project a casual atmosphere in order to lure users into a false sense of security and record exploitable details about their lives.  Traditional media sources, for example, have always relied on demographic data to sell ad space and derive ad revenue while traditional data gathering firms have also relied on surveys, which require explicit consent, to derive profits.  What the likes of Facebook and Google do is abuse their access to massive amounts of personal data to give their products a competitive edge.  They do not sell ads; they sell targeted ads.  They stalk users and violate their privacy to drive sales of their specialized products above those of their competitors.
 
If Facebook wanted to simply be a social media platform, it could easily do that by setting limits on how targeted its ads can be.  Google can do the same.  Facebook, Google, and every other internet giant that exploits the private data of users to target the services of their clients can secure a reasonable right to privacy for all internet users by embracing a more traditional and more responsible view on ad sales.  Advertisers like to know their ad dollars are translating into sales, but that is a modern sales tactic invented by companies like Facebook and Google to eke out a competitive edge.  Sponsorship of more traditional media has never guaranteed sales.  In many ways, the inability of advertisers to target consumers forced advisers, such as newspaper and television stations, to protect the privacy of viewers.  It also helped subsidize the components of traditional media news sources that were less popular and/or more expensive, i.e. expertise, investigative reporting, and vetting.  It also helped secure unpopular views and prevent most of the other social issues unique to information technology.
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        • Should the Government Control Talk Radio to Make it More "balanced"?
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      • Should One's Faith Influence a Citizen's Vote?
      • Should the U.S. Government Help Fund Election Campaigns?
      • On Defunding Political Science Research
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      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
      • On the Baby Boomer’s Self-Centeredness
      • The Case for Personal Responsibility
      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
      • The Need for Wisdom Beyond the Numbers
      • Perceptions of the United States
      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
      • Why New Forms of Capitalism and Socialism Will Compliment Each Other
      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
      • Why Are We Against Terrorism?
      • Why Does Terrorism Exist?
      • US Influence: The Value of American Citizenship Around the World
      • Responding to "the Soldier as Sacrficial Victim"
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      • How comfort defines us as people >
        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
      • Defining Abuse >
        • On the Willing Victim of Abuse
        • How to Understand Abuse Victims
        • Recognizing Abuse
      • The Role of Substitution in Decision Making
      • Trying to Understand PTSD and Other Trauma-induced Mental Health Issues
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        • Mental Illness is Not the Cause of Anger and Violence >
          • Trying to Understand the Boston Marathon Bombing and Other Violent Crimes
          • Getting into the Twisted Mind of the Tucson Murder
      • Describing the Mind as Modes of Thought >
        • It’s Just Sex?
      • Relationships, or Arrangement
      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
      • What is a Redneck? Understanding Different Cultures and Thinking
    • Economics >
      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
      • Empowering the Sovereign Nation-State by Rethinking Trade Policy >
        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
      • Income inequality: understanding the limitations and psychology of disadvantage
      • Looking at the Future of American Jobs >
        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
      • Consumer and Investor Evolution in the Great Recession of 2008-09
      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
    • Education >
      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
    • US Constitution >
      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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