[SLED] how does one deal with counter culture?

Jeremy Hunsinger jhuns at vt.edu
Tue Oct 10 12:15:53 PDT 2006

On Oct 10, 2006, at 2:09 PM, Chet Braun wrote:

> “Not all hackers are criminals.”
> Perhaps not, but all hackers that; invade personal spaces, destroy  
> or steal private property and restrict others access to services  
> they have been given access to ARE behaving unethically.
I'm afraid not.   Sometimes we have an obligation to intervene, to  
set our bodies and minds against the machines and to prevent them  
from operating.  Sometimes we must resist the operations of property,  
personal space, and the systems of control that they assume.   When  
the system becomes odius and threatens us, we have the right and  
responsibility to act.     That is what is ethically correct for  
human beings as best as i can tell following Kant, Aristotle, and Mill.

Legal normativity is not necessarily equivalent  to ethically  
normative.  That is a key distinction of jurisprudence... by that I  
mean that doing something according to the law might not be doing  
something that is ethical or correct, and doing something that is  
ethical or correct may require you to break the law.

> And, while their actions may not be legally ‘criminal’ they should  
> be.  Certainly there are degrees of unethical and illegal activity  
> and while it’s easy to look the other way when an individual  
> downloads a few songs it sure as hell isn’t easy to look the other  
> way when a hacker breaks into a data bank and steals the personal  
> information of thousands of people. Even if they do it for ‘kicks’  
> and never use it or pass it out it is STILL a horribly and  
> potentially dangerous invasion of privacy and should be treated  
> seriously.
> In RL if I woke up to some ‘hacker’ breaking my window and entering  
> my house because it was ‘exciting’ he’d very quickly find out just  
> HOW exciting it was.
i'm not sure what you are saying here.   it sounds like it is an  
assertion that you would make it 'interesting'  through violence.   
I'm pretty sure that is inadvisable, but circumstances vary.

> In virtual space the same personalities use the easily gained  
> anonymity to do what they would dream of doing in RL. Personal  
> property and rights of access should be treated no differently in  
> virtual space as they are in RL. I fail to see any logical difference.
I think you might want to explore some of the literature on virtual  
property and anonymity.   There is a fair amount written and almost  
all of it sees major logical differences.  In fact, the law  
recognizes fundamental differences between real property and  
intellectual property.

> Chet
jeremy hunsinger
Assistant Professor
Pratt Institute

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