Editor of 'Reason' Discusses Federal Subpoena To Unmask Commenters

mi points out an article from Nick Gillespie, editor of libertarian website Reason, who was recently asked by the federal government to provide identifying information on anonymous commenters from one of the site's blog posts. Not only was Reason issued a subpoena for the commenters's identities, but they were also placed under a gag order, preventing them from even mentioning it to somebody who wasn't their lawyer. Gillespie says the comments in question were "hyperbolic, in questionable taste–and fully within the norms of Internet commentary." He continues: To the extent that the feds actually thought these were serious plans to do real harm, why the hell would they respond with a slow-moving subpoena whose deadline was days away? By spending five minutes doing the laziest, George Jetson-style online "research" (read: Google and site searches), they would have found publicly available info on some of the commenters. I'm talking things like websites and Google+ pages. One of the commenters had literally posted thousands of comments at Reason.com, from which it is clear that he (assuming it is a he) is not exactly a threat to anyone other than common decency."

Comments

Re:Statists vs. Libertarians

[mi]

There isn't a great deal of difference to me between a government or a multitude of corporations making themselves privy to an increasing share of our personal lives

Actually, the difference is vast: for a corporation to compel either you or another corporation to reveal any data, it has to win legal case — or, a least, convince a judge to issue a subpoena. The government has been gradually lowering this bar for itself over the years — recall the "National Security Letters" (and how easy they are for the government to obtain).

And that's when it bothers with the legal process at all — often it can simply just bust in and take your stuff (without warrant), seize any property on mere accusation of it being used in a crime, and confiscate bank accounts without even an accusation, only suspicion , or, as was the case with Reason.com, demand your "voluntary" cooperation or else...

But my point was not, that the government ought not to investigate legitimate threats against judges and public officials — even hard-core Libertarians would agree, that this is, actually, a proper role of the government. The point is, this particular investigation was patently illegitimate — the "threats" were bogus and hyperbolic and DoJ could not possible have hoped to ever win a conviction.

Their intention was to simply harass the dissenters by hitting them with subpoenas and giving them threatening "talking-tos". The prosecution, in other words, was malicious. That's the disgusting part.

The aspects of Libertarianism that relate to being largely left alone to pursue our lives appeal to me [...] The eagerness of Libertarians to remove regulations on corporate behavior

But there is no difference! What's good for the goose, is good for the chicken as well:

• If a corporation can not discriminate on race or age in hiring a secretary, then you can not discriminate on same in hiring a babysitter.
• If a corporation's employees can vote to obligate their employer to only hire from the same union they just joined, by what logic should your local supermarket be unable to vote itself into becoming the sole legal source of groceries for you?
• If a strip-club can not turn away a transgender entertainer, then you can not be averting your eyes from "her" either — and it would be manifestly bigoted of you to not stick your dollar-bills right next to "her" penis.

Even more obvious examples abound. For example, the EPA considers any billabong in the US to be under its control and protection — so both private citizens and corporations alike now need a Federal Government's approval to build anything on their property, if it happens to have a lake, a stream, or a swamp, however small...