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Crypto-Discourse, Internet Freedom, and the State  

Isadora Hellegren

Internet freedom is a process. Internet freedom takes place through a myriad of practices, such as technology development, media production, and policy work, through which various actors, existing within historical, cultural, economic, and political contexts, continuously seek to determine its meaning. Some of these practices take place within traditional Internet governance structures, yet others take place outside of these. Crypto-discourse refers to a partially fixed instance of the process in which actors seek to construct the meaning of Internet freedom that mainly takes place outside of traditional Internet governance structures. Crypto-discourse describes a process in which specific communities of crypto-advocates (groups of cryptographers, hackers, online privacy advocates, and technology journalists) attempt to define Internet freedom through community practices such as technological development and descriptive portrayals of encryption within interconnected communities that seek to develop and define encryption software, as well as through the dissemination of these developments and portrayals within and outside of these communities. The discursive work of the cypherpunks, interrelated discourse communities, and related technology journalism is at the core of crypto-discourse. Through crypto-discourse, crypto-advocates employ encryption software as an arena of negotiation. The representation of encryption software serves as a battlefield in a larger discursive struggle to define the meaning of Internet freedom. Crypto-discourse illustrates how social practices have normative implications for Internet governance debates regarding Internet freedom and in particular expectations for state authorities to uphold online rights. The relationship between freedom and the state that these crypto-advocates articulate as a response to specific events excludes other possible positive notions of Internet freedom in which the state has an obligation to ensure the protection of online rights.


The Right To Be Forgotten  

Edward L. Carter

The right to be forgotten is an emerging legal concept allowing individuals control over their online identities by demanding that Internet search engines remove certain results. The right has been supported by the European Court of Justice, some judges in Argentina, and data-protection regulators in several European countries, among others. The right is primarily grounded in notions of privacy and data protection but also relates to intellectual property, reputation, and right of publicity. Scholars and courts cite, as an intellectual if not legal root for the right to be forgotten, the legal principle that convicted criminals whose sentences are completed should not continually be publicly linked with their crimes. Critics contend that the right to be forgotten stands in conflict with freedom of expression and can lead to revisionist history. Scholars and others in the southern cone of South America, in particular, have decried the right to be forgotten because it could allow perpetrators of mass human rights abuses to cover up or obscure their atrocities. On the other hand, those in favor of the right to be forgotten say that digital technology preserves memory unnaturally and can impede forgiveness and individual progress. The right to be forgotten debate is far from resolved and poses difficult questions about access to, and control of, large amounts of digital information across national borders. Given the global nature of the Internet and the ubiquity of certain powerful search engines, the questions at issue are universal, but solutions thus far have been piecemeal. Although a 2014 decision by the Court of Justice of the European Union (EU) garnered much attention, the right to be forgotten has been largely shaped by a 1995 European Union Directive on Data Protection. In 2016, the EU adopted a new General Data Protection Regulation that will take effect in 2018 and could have a major impact because it contains an explicit right to be forgotten (also called right to erasure). The new regulation does not focus on the theoretical or philosophical justification for a right to be forgotten, and it appears likely the debate over the right in the EU and beyond will not be resolved even when the new rule takes effect.