Authors and journalists in the pre-digital age were dependent on publishers willing to disseminate their work -- without publishing support, they were mere street corner pamphleteers.... Still, recent demonstrations of corporate power over WikiLeaks seemed to resonate with the force of revelation, mocking any lingering illusions of the Internet as a frontier free from corporate as well as state control.
Yes, it's true that the Internet potentially offers significantly larger audiences to electronic pamphleteers than they'd ever find on any street corner, even in Times Square; and for better and worse, a few break through, thanks to their demagoguery or thoughtfulness, marketing acumen or luck. But the Internet is an ocean, and without a berth on a corporate or corporate sponsored ship, most people will quickly sink, or swim unnoticed. And, while the street is a public place in which the government's powers of eviction are limited by First Amendment rights, the Internet has always been (pardon the metaphor shift) a gated community. If virtually anyone can enter, the right to remain and speak your mind is generally subject to corporate control, as the WikiLeaks fracas has shown.
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I'm not dismissing concerns about the threat that corporate control and homogenization of speech poses to the flow of information and dissent. Having worked as a freelance writer for some 30 years, I am only too keenly aware of marketplace censorship. But it's a fact of life, and First Amendment editorial freedoms, which the private press enjoys.... There is no significant political constituency for free speech on the Internet. The Electronic Frontier Foundation is right: "Online Speech is Only as Strong as the Weakest Intermediary." But we the people, not private corporations, are the weakest links in the chain.
My response, in which I try to make the argument that there is in fact something unprecedented going on here:
Wendy, I think you are mistaken in viewing Wikileaks' position as no different in principle than that of a pre-digital age individual "dependent on publishers willing to disseminate their work". Wikileaks is not a single author or publisher--it is itself a media organization, no different in principle (I argue) than the New York Times.
Suppose Lieberman had called for all companies to sever ties with the New York Times, so that the NYT suddenly found nobody could pay them using a credit card; their bank accounts were frozen; their domain name was deleted by their domain name provider; and that whoever they rent their servers from dropped them as a customer, essentially hounding the NYT from the internet. Does this strike you as analogous to a pre-digital age author who cannot find a publisher for his political pamphlet? It seems to me the proper pre-digital age analogy would be if the government told all paper and ink companies to stop selling their wares to a particular newspaper, and took steps (freezing accounts, making it difficult to transfer money) to keep that newspaper from functioning on a day-to-day basis. To my knowledge such a snuffing-out of a publisher, orchestrated by the US government in concert with corporate interests, is indeed unprecedented.
I take your point that free speech has always been dependent on the distribution mechanisms provided by corporate entities. But what has changed is the degree of this dependence, and the higher-ordered-ness of the dependence. In the pre-digital age, you would need money of course to print a newspaper, but political and cultural norms rendered the idea outrageous that the government could suffocate the operation by denying it the raw materials it needs to function or the financial infrastructure (bank accounts, credit transfers, loans, etc.) is needs to survive as a business. In other words, the individual was dependent on a wealthy corporate publisher; but the corporate publisher was not dependent on some higher, more powerful corporate entity. What we are seeing in the Wikileaks case is unprecedented and, I think, extremely alarming: now political speech is at the mercy of entities further upstream in the corporate food chain (Visa, MasterCard, Amazon), handing the government a far more powerful means for controlling political speech than anything that has come before.
My feeling is that large corporations like Amazon and MasterCard--that provide a platform for some general activity that is abstracted from the specifics of the particular activities that take place on the platform--do not like being in the position of free-speech arbiter or government-enforcer. I think their preferred outcome would be a law that ties their hands and prevents them legally from meddling in cases such as these without some kind of judicial court order, thereby protecting them from the possibility of political recriminations for not complying with the government. For example, in the current case, Amazon would have simply said to Lieberman: "Sorry! We legally cannot kick Wikileaks off our servers. You have to get a court order for that."
I would just add a couple of things. First, interestingly enough it turns out that the New York Times rents its server space from none other than--you guessed it--Amazon. So that comparison turned out to be pretty apt: if the government can get Amazon to kick Wikileaks off its servers, what's stopping it, in principle, from getting Amazon to kick the New York Times off its servers?
Second, it is worth pointing out that, ironically, the leaked cables themselves provide an insight into the ways that large corporations like Visa and MasterCard can be beholden to the US government. According to the Guardian, documents show that the US government was actively involved in lobbying the Russian legislature on Visa's and MasterCard's behalves, to ensure that the card payment companies were not "adversely affected" by some proposed legislation there. This clearly illustrates that for an international corporation to take a stand against a government request--however informally or implicitly made--is to risk political recriminations in the form of losing out to one's competitors when it comes to special favors such as these.
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