Web Speech and Consequences

Dear   :

    We have suffered the near-loss of elected democracy in this country, fostered by failed leadership, but aided and abetted by an unregulated juggernaut, only recently constructed, which spread and amplified lies and purposeful disinformation.  This threat to our liberty also allowed instant communication and coordination among the attackers.  All of this was done anonymously.  I am referring, of course, to social media in its various forms, but especially Facebook, Twitter, and Instagram. In light of recent events, I wish to make an argument in favor of viewing the Internet for what it is—a public utility, much like electrical power, water, and broadcast frequencies.  All of these are currently regulated, and rightly so. Bandwidth in cyberspace is a public resource, subject to community use and abuse.  Monetization of its use has galloped ahead of our understanding of what has even been created, and misuse for evil purposes has outpaced our ability to predict or control it.  Currently, it is the Wild West, without conscience, without any soul or any remorse.
    The one feature of  Web speech, resulting in many of these consequences, is the ability to remain anonymous. Anyone is able to assume an identity of their own making, and broadcast utter falsehoods to millions.  Formerly, and in the non-cyber world still, a slanderous or libelous utterance could be checked by the possibility of a lawsuit.  This is cumbersome, but still effective, in maintaining the connection between speech and consequences.  There are, of course, examples of criminal public speech, such as incitement to riot or insurrection, subject to prosecution.  All of that is lost in the anonymous world of the Web.  I would propose to you, that the Web needs regulation as any public utility, and that the practice of allowing anonymity be banned.  The use of the bandwidth does not require regulation of purity of speech or political expression, but does require that the speaker be identified, and the old-fashioned consequences of shouting fire in a crowded movie theater follow naturally.
    I hope that this brief letter stimulates some discussion, and perhaps we will yet succeed in getting a bit and bridle into the mouth of the dragon we accidentally created.

Sincerely,



Bob Christopher MD, JD