The War on Information

In America, we’ve seen the poor attacked following the War on Poverty; we’ve seen children jailed in the War on Drugs; and the War on Terror has ripped from us of our rights as American citizens.

Now it looks like we may be headed for a War on Information. America may one day use piracy as a casus belli some day. China should pay heed.

My brother-in-law just graduated from Stanford Law School. He recently wrote this nifty little piece on how to prosecute WikiLeaks. He believes that the US Department of Justice could prosecute WikiLeaks supporters using the same ineffectual tactics that were used to target Kim Dotcom. This compelling legal theory was just published in the Stanford Journal of International Law.

Protecting State Secrets as Intellectual Property: A Strategy for Prosecuting WikiLeaks

Criminal statutes generally deployed against those who leak classified government documents — such as the Espionage Act of 1917 — are ill-equipped to go after third-party international distribution organizations like WikiLeaks.

I have to say, though, that I’m a little saddened to have a family member — especially such an intelligent one — stray so far from the herd. I can’t blame him – royalties are sacred to some. However, the plain truth is that law can no longer stay current with the advance of technology.

Some people don’t want to accept the fact that our legislative process is too slow to keep pace – those individuals simply need to realize the truth.

There are others, however, who have realized the futility of this pursuit, and yet still support this deprecated endeavor. It is those individuals who are interested simply in transferring power away from the people and toward the state.

via Protecting State Secrets as Intellectual Property: A Strategy for Prosecuting WikiLeaks by James Freedman :: SSRN.

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