On Sun, Dec 15, 2002 at 12:18:52AM +0000, David Wagner wrote:
> Declan McCullagh  wrote:
> >Also epic.org (not a cypherpunk-friendly organization,
> >but it does try to limit law enforcement surveillance) [...]
> 
> Is the cypherpunks movement truly so radicalized that it is
> not willing to count even EPIC among its friends?

Perhaps I was being unfair to EPIC and typing too quickly. I count
EPIC executive director Marc Rotenberg as a friend, a principled
person, and someone for whom I have a great deal of respect. Some
folks may remember that Marc and I drove to a cypherpunks meeting
south of Palo Alto last year.

EPIC is in favor of using technologies to limit the information that
people disclose. It is in favor of limiting law enforcement
surveillance. It has done yeoman's work in strengthening FOIA, fighting
against encryption regulations, and supporting free speech in the form
of being co-counsel on the CDA and COPA challenges, for starters.

Those are all congruent with the views of many cyherpunks, as I
understand them.

But EPIC sharply diverges with some cypherpunks over the question of
what regulations should be imposed on private entities. It supports --
may even be the most vocal supporter -- of laws telling you, in Tim's
words, you must forget someone's previous commercial interactions with
you past a certain date. It supports broad and intrusive regulations
aimed at companies' data collection and use practices. It would like
to establish a European-style (not exactly the same, perhaps, but
close) "data protection" regime in the U.S., despite all the free
speech problems we've seen with it in Europe:
http://www.politechbot.com/cgi-bin/politech.cgi?name=palme

To the extent cypherpunks care about those values and cherish limited
government involvement in those areas, EPIC is not, as I wrote, a
"cypherpunk-friendly" organization.

Also, I haven't thought this through that much, but it seems to me
that if you value privacy _qua_ privacy as an end goal, it makes sense
to start looking at not the symptoms, but the cause: Large government
that consumes perhaps nearly half of the GDP is necessarily
privacy-invasive. There are even some reasonable justifications for
it: Social Security creates an SSN to limit fraud. The IRS collects an
incredible amount of detail to limit tax cheating. If you want gun
control, you'll probably want to collect info on gun owners.

Anyone who values privacy as an end goal (Jim Harper of privacilla has
written about this too) should start questioning the trappings of the
welfare state and find alternatives. Could Social Security be
privatized? Could we move to a flat tax or sales tax, or even (gasp)
reduce taxes? EPIC is a left-of-center civil liberties group and it
does not ask those questions, to the best of my knowledge. I suspect
the majority of folks at EPIC support UK-ish gun control, which
explains why the group has never made a point of highlighting the
privacy problems of some of the state and federal anti-gun laws.

This does not mean EPIC isn't a valuable ally -- it is and will
continue to be -- but perhaps only on an issue-by-issue basis.

-Declan

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