Prokofy, in a comment
on my previous post, takes
exception to my characterization of Denial-Of-Service (DoS) attacks as civil
disobedience, saying:
DdOS attacks are a form of coercion and a crime.
They aren't civil disobedience, and to claim they are is a whitewash.
At first blush I think that's a reasonable position to take, though one with
which I obviously disagree, so I wanted to examine eir (and my) reasoning on the
subject in more detail.
Prokofy seems to be making several related assertions regarding DoS attacks:
- They are a crime.
- They are coercive.
- They are not, by virtue of 1 and 2, civil disobedience.
So let's just start at the top of the list and work our way down, shall we?
DoS attacks have
been successfully prosecuted in the US, though I wasn't able to find direct
citations of the associated statutes. Prokofy is correct that, at least in some
circumstances, DoS attacks are a crime.
How about eir assertion that they're "coercive"? That question is a little more
interesting, since DoS attacks do seem to meet the dictionary definition of
"coerce":
- to compel by force, intimidation, or authority, esp. without regard for
individual desire or volition: They coerced him into signing the
document.
- to bring about through the use of force or other forms of compulsion; exact:
to
coerce obedience.
- to dominate or control, esp. by exploiting fear, anxiety, etc.: The state is
based on successfully coercing the individual.
However, coercion is a fairly complicated concept, the nuances of which aren't
easily contained in a dictionary definition. A coercive act typically requires
an explicit, conditional
threat; telling someone you'll DoS them is coercive, but actually carrying
through with the threat may fail to meet this condition1. More
generally, DoS attacks lack certain hallmarks that have typically defined
coercive activity. Coercion has historically required an imbalance wherein the
actor has more power than the target, but DoS attacks are often performed by
(relatively) powerless individuals against institutions backed by significant
economic/legal/political resources. The nature of the threat itself is also
different. Classically, coercion has involved private violence, expropriation of
property, blackmail, etc., acts which the general public agrees are morally
odious. It is questionable whether DoS attacks, which can cause indirect
economic and/or reputational damages, are subject to the same opprobrium.
Given all of that I'm comfortable categorizing DoS attacks as "mildly
coercive" on the grounds that they do involve threats of force to change
the target's behavior but don't rise to the
same level of damage that we typically associate with the word.
Now on to Prokofy's final point, that acts which are criminal and coercive in
nature cannot rightly be classified as "civil disobedience". Civil disobedience
is criminal by
definition:
Civil disobedience is the active, professed refusal to obey certain laws,
demands, and commands of a government, or of an occupying international power.
It's not "disobedience" unless you're breaking a law. Far from being a
disqualifier, an action cannot be classified as civil disobedience
unless it is criminal to some degree.
Can civil disobedience be coercive? Again, that's a really interesting, and
somewhat slippery, question. In Defining Civil Disobedience, from Civil
Disobedience in Focus, Brian Smart sketches out the following taxonomy
of the types
of civil disobedience:
- Threatening by
- Coercion of Force of Violence
- Coercion of Force of Nonviolence
- Coercion of Persuasion (with or without violence)
- Non-Threatening with
- Violence
- Nonviolent Force
- Persuasion
Note that Smart makes a distinction between threats and action, which goes back
to the question of whether a DoS is even coercive. He also makes a distinction
between violence and non-violence, suggesting that the former is a less valid as
a form of civil disobedience than the latter. I believe that it's fair to say,
given the taxonomy above,
that a DoS is both non-violent and non-threatening for purposes of this
discussion.
What is not yet clear to me, however,
is whether a DoS constitutes nonviolent force or persuasion. Smart says the
following in that regard:
Coercion of force is illustrated by my giving up my wallet at the point of a
gun: while the threat poses two theoretical alternatives only one action is
humanly possible: 'I am not left room for effectual reflection and judgment
about what I do.' I illustrate the coercion of persuasion by a director threatening to resign if
his board votes against a takeover, and where the director is regarded as
valuable but not indispensable. The threat presents the board with two
practicable alternatives, leaving it room for effectual reflection and
judgment: it may incline but it does not necessitate.
If the distinction between force and persuasion revolves around the scope of
action given to the target then a DoS attack strikes me as more persuasive than
forceful, since the target generally remains at liberty to reflect on their
future course of actions. However, in the preceding paragraph he writes:
For Morreall civil disobedience can include violence since violence is a form of
force and force can certainly be used in civil disobedience as in the case of
sit-ins, lying down in the road, and mass tax refusals.
In my previous post I argued that DoS attacks are closely analogous to sit-ins,
which suggests that they include an element of force in their execution
as determined by Smart's criteria. Per Smart, non-threatening, non-violent force
is accepted as a valid form of civil disobedience by a couple of major names in
the field including Rawls and Honderich.
So it would seem that there's a pretty solid argument to be made that DoS
attacks are a legitimate form of civil disobedience. Against this view Prokofy
offers
the following:
5. "What they do isn't a crime, it's just a misdemeanor, or it's just a prank or
it's just noble civil disobedience." Geeks tend to downplay what they do, so
that their entire tribe doesn't become suspect (which it should become, in my
view, when they refuse to ever condemn these miscreants). The Guardian and the
Wire State's Secretary of State Evgeny Morozov -- who is actively cheering the
coordination of the attacks on sites by retweeting and commenting on the Anon
ops accounts and giving them PR advice -- are now claiming that their takedown
of the Amazon and other payment sites are just a form of "civil disobedience".
Geek techno-determinist Doug "Program or Be Programmed" Rushkoff calls it a
"glitch". Anything to diminish and dumb down what in fact is a crime and is
disabling and destruction of property.
Which doesn't add much in the way of substantive rebuttal. I should note that
ey's writing about the actions of Anonymous2 as a
whole and not just the DDoS conducted via the Low Orbit Ion Cannon. The
defense above is limited strictly to DoS attacks3; I make no
claims about the moral standing of Anonymous' behavior as a whole.
1 Though, I suppose, there's always an
implicit threat that it could get worse if the target doesn't change their
behavior.
2 Which ey appears to be incorrectly conflating w/ the entire 4chan user
base.
3 Specifically SYN-floods and other methods which overwhelm through sheer
volume. My analysis probably doesn't hold for DoS attacks which exploit bugs to
disable or modify the behavior of services.