Declaration Of The Independence Of Cyberspace
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"A Declaration of the Independence of Cyberspace" is a widely distributed early paper on the applicability (or lack thereof) of
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
on the rapidly growing
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...
. Commissioned for the pioneering Internet project ''
24 Hours in Cyberspace ''24 Hours in Cyberspace'' (February 8, 1996) was "the largest one-day online event" up to that date, headed by photographer Rick Smolan with Jennifer Erwitt, Tom Melcher, Samir Arora and Clement Mok. The project brought together the world's top 1,0 ...
'', it was written by
John Perry Barlow John Perry Barlow (October 3, 1947February 7, 2018) was an American poet, essayist, cattle rancher, and cyberlibertarian political activist who had been associated with both the Democratic and Republican parties. He was also a lyricist for the ...
, a founder of the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
, and published online on February 8, 1996, from
Davos , neighboring_municipalities= Arosa, Bergün/Bravuogn, Klosters-Serneus, Langwies, S-chanf, Susch , twintowns = } Davos (, ; or ; rm, ; archaic it, Tavate) is an Alpine resort town and a municipality in the Prättigau/Davos R ...
, Switzerland. It was written primarily in response to the passing into law of the
Telecommunications Act of 1996 The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996, by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of t ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. In 2014, the Department of Records recorded and released audio and video content of Barlow reading the Declaration.


Content

The declaration sets out, in sixteen short paragraphs, a rebuttal to government of the Internet by any outside force, specifically the United States. It states that the United States did not have the
consent of the governed In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political powe ...
to apply laws to the Internet, and that the Internet was outside any country's borders. Instead, the Internet was developing its own
social contract In moral and political philosophy Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...
s to determine how to handle its problems, based on the golden rule. It does this in language evocative of the
United States Declaration of Independence The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ...
and obliquely cites it in its final paragraphs. Although the paper mentions the Telecommunications Act, it also accuses
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
,
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,
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,
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
,
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
, and
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
of stifling the Internet.


Background

At the time the paper was written, Barlow had already written extensively on the Internet and its social and legal phenomena, as well as being a founding member of the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
. The work he was known best for previously,
The Economy of Ideas
, published March 1994 in ''
Wired ''Wired'' (stylized as ''WIRED'') is a monthly American magazine, published in print and online editions, that focuses on how emerging technologies affect culture, the economy, and politics. Owned by Condé Nast, it is headquartered in San Fra ...
'' magazine, also made allusions to
Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
and some of the ideas he would write about in his declaration.


Critical response

Because of its subject matter, Barlow's work quickly became famous and widely distributed on the Internet. Within three months, an estimated 5,000 websites had copies of the declaration. At nine months, that number was estimated to be 40,000. To approach Barlow's vision of a self-governing Internet, a virtual magistrate was set up by the Cyberspace Law Institute, now hosted by the
Chicago-Kent College of Law Chicago-Kent College of Law is the law school affiliated with the Illinois Institute of Technology. It is the second oldest law school in the state of Illinois. It is ranked 91st among U.S. law schools, and its trial advocacy program is ranked in ...
.
Magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s would be appointed by the institute and other legal groups to solve online disputes. The declaration has been criticized for internal inconsistencies. The declaration's assertion that 'cyberspace' is a place removed from the physical world has also been challenged by people who point to the fact that the internet is always linked to its underlying geography. Outside the Internet, the response was less positive. Larry Irving, the Assistant Secretary of Commerce, said that a lack of safeguards would "slow down the growth of what is likely to be a major boon for consumers and business". In the online magazine ''
HotWired ''Hotwired'' (1994–1999) was the first commercial online magazine, launched on October 27, 1994. Although it was part of the print magazine ''Wired'', ''Hotwired'' carried original content. History Andrew Anker, Wired's then Vice Presid ...
'', one columnist referred to his document as simply "hogwash". By 2002 the number of sites copying the declaration was estimated to have dropped to 20,000. In 2004, Barlow reflected on his 1990s work, specifically regarding his optimism. His response was that "we all get older and smarter". But a 2016 article in Wired insisted "Barlow himself wants to be clear: He stands by his words just as much today." It quotes Barlow as saying "The main thing I was declaring was that cyberspace is naturally immune to sovereignty and always would be. I believed that was true then, and I believe it’s true now."


See also

*
Cyberspace Cyberspace is a concept describing a widespread interconnected digital technology. "The expression dates back from the first decade of the diffusion of the internet. It refers to the online world as a world 'apart', as distinct from everyday rea ...
*
John Perry Barlow John Perry Barlow (October 3, 1947February 7, 2018) was an American poet, essayist, cattle rancher, and cyberlibertarian political activist who had been associated with both the Democratic and Republican parties. He was also a lyricist for the ...
*
Hacker Manifesto __NOTOC__ ''The Conscience of a Hacker'' (also known as ''The Hacker Manifesto'') is a small essay written January 8, 1986 by a Hacker (computer security), computer security hacker who went by the handle (or pseudonym) of The Mentor (born Loyd B ...
*
Commercialization of the Internet The commercialization of the Internet refers to the creation and management of online services principally for financial gain. It typically involves the increasing monetization of network services and consumer products mediated through the varied u ...
*
Surveillance capitalism Surveillance capitalism is a concept in political economics which denotes the widespread collection and commodification of personal data by corporations. This phenomenon is distinct from government surveillance, though the two can reinforce each ...


References


External links


A Declaration of the Independence of CyberspaceA Declaration of the Independence of Cyberspace (Audio Recording)A Declaration of the Independence of Cyberspace (Portuguese Translation in PDF)A Declaration of the Independence of Cyberspace (Spanish Translation)
*[https://web.archive.org/web/19970102014217/http://www.inter-nexus.com/nexusweb/declare1.html Another Declaration Of Independence For Cyberspace which was conceived simultaneously and independently from the Barlow version. Note: archive.org time stamp is later than original publish date which happened during HotWired/Weiner's Blue Ribbon Campaign where it hung and was blocked in the listserv for 1 hour when Barlow's version was delivered to the listserv using the same Subject line as this version from Citizens Of The Sea.] {{DEFAULTSORT:Declaration Of The Independence Of Cyberspace, A 1996 documents Texts related to the history of the Internet Internet-related activism Internet culture Texts about the Internet Manifestos