Like most people, my inbox has been flooded recently by unsolicited emails explaining why I get unsolicited emails. The GDPR regulation is yet another terrible policy blunder by the EU. The Eurocrats in Brussels have somehow missed one too many parties and actually turned up for work often enough to lay yet another hot steaming pile of paper on the Internet.
I am a technologist. Which is to say I am a programmer. But more than that, I have been working full-time in the internet technology space for well over a decade. As a teenager in the 90s, I was part of a community of geeks, though large in number, an extremely small portion of the eventual Internet user base. We shared files and ideas on IRC, invented emojis, created terrible websites, sent thousands of emails and became the first people to live in cyberspace.
My credentials are provided here for context. They are essentially irrelevant to my argument. After all, the bureaucrats are also extremely well credentialed and have crammed for many long hours to pass the exams and interviews that have rewarded them with their cushy jobs and tremendous power - yet they know next to nothing about technology. The little they know is dangerous, as it informs them about where to strike and gives them an semblance of wisdom.
The politicians and bureaucrats want to save us. They want to save us from what we don’t even know is killing us. In an all-to-familiar pattern of creating a dragon that needs to be slain, the government drums up hysteria about fake news, so-called privacy, social media, computer games, child pornography, identity theft and fraud. Once the stage is set and the public is on edge, they await a crisis and pounce with heavy-handed regulation.
GDPR is only the latest attempt by the EU to fix the Internet. Remember the cookie law? Millions of Euros wasted on what soon became a dead letter. Unfortunately, people are taking GDPR more seriously. The success of the marketing campaign is evident when lay people (non-techies) tell me with glee that they won’t get any more spam, that the SMS alert from their supermarket is now illegal, that Facebook won’t be allowed to “read your mind” anymore and other such nonsense. Indeed, while I was corresponding with a high-level government bureaucrat (on the phone, they prefer not to have an email trail), trying to decipher what the government’s policy was, the official informed me that he cannot tell me, because of GDPR. Yes, pressing the government to state their official policy is now protected by this new law (it’s not). GDPR is totally misunderstood.
The truth is, the Internet is great. It is great because it works, and it works just fine. We do not need these bozos in Brussels or Washington DC to fix it. Since the Internet went mainstream, it has unleashed an incredible flourishing of ideas, opinions, entertainment, art, science, commerce… everything! The reason the Internet was able to bring about this new renaissance is because it is free. Not free in the no-cost sense, but free in the unregulated sense. Anyone can put anything on there and any one else can choose to interact with it, or not. Freedom, and anonymity, are the two magnificent pillars of the Internet. Nothing in recent times has done more to level the playing field in commerce and media and allow small upstart businesses to disrupt large, established dinosauric enterprises.
The Cookie Law, GDPR and it’s ilk are all attempts by establishment interests to restore the old status quo. This law has imposed a massive cost on businesses. I know this firsthand, thousands of man hours just in projects I am involved with have been spent on it already. This law, and others will ensure that Europe will continue to be a relative desert of Internet innovation. The cost of such regulation, which is similar for all businesses big and small, is disproportionately borne by the small and new enterprises, further stifling economic growth and innovation. Hopefully, the EU will continue to have enforcement problems and people can ignore the regulation out of existence.
A man walks into a bar and asks for a pint of beer. He does this every day, all week. On Saturday, he walks in and the barman asks “The usual?”. The man is incensed and calls the police, who arrest the barman and close down the bar. This story is essentially what GDPR brings. We freely volunteer personal information to third parties all the time. This is mostly exploited in order to improve our experience, by giving us a more relevant and tailored visit. Also, all the information is essentially controlled by the client. The “memory” of your visit sits in your browser and is easily deleted. All the information given to a third party is up to you, on the Internet, you can use a fake name, a fake address, a fake gender, anything. Of course, more sensitive information, like billing information is sometimes provided over the internet. But just like the bar in the example above, existing laws against fraud make it illegal for the barman to copy your card and go on a spending spree on your behalf - even if you have provided the information he needs to do this.
This regulation assumes that the consumer is a moron. That she is easily mislead by targeted advertising or ‘fake’ news. Although there are morons out there, it should remain up to us what we do online and what we do with our data. After all we own it. These regulations, intentionally or through sheer ignorance, attempt to break the Internet. The Internet, after all, poses a grave threat to the establishment. Soon, we can expect regulation directed against ‘fake’ news and social media (the groundwork has already been done). Just like the reactionary absolutist governments of the 19th century, officials hold up examples of genuinely fake news as an excuse to institute full press censorship. The public is in a far better position to determine what news is real or not than the government, who will abuse the power to decree what is true and false as soon as they get it. After all, in China, the Tienanmen Square massacre is ‘fake’ news.
The bureaucrats will not stop until the Internet, which they view as a pain in the backside, is thoroughly neutered. But just like in China, they will learn that you cannot kill the Hydra by cutting off heads. The decentralised nature of the Internet will allow it to survive in some form. Indeed, it will always be there for me, and the geeks who made it what it is today. It is non-technical people that will struggle to get back the most global and honest forum in the history of the world. If the bureaucrats finally succeed in breaking the Internet, we will just make another one. This time the bureaucrats might not be invited.
I am a technologist. Which is to say I am a programmer. But more than that, I have been working full-time in the internet technology space for well over a decade. As a teenager in the 90s, I was part of a community of geeks, though large in number, an extremely small portion of the eventual Internet user base. We shared files and ideas on IRC, invented emojis, created terrible websites, sent thousands of emails and became the first people to live in cyberspace.
My credentials are provided here for context. They are essentially irrelevant to my argument. After all, the bureaucrats are also extremely well credentialed and have crammed for many long hours to pass the exams and interviews that have rewarded them with their cushy jobs and tremendous power - yet they know next to nothing about technology. The little they know is dangerous, as it informs them about where to strike and gives them an semblance of wisdom.
The politicians and bureaucrats want to save us. They want to save us from what we don’t even know is killing us. In an all-to-familiar pattern of creating a dragon that needs to be slain, the government drums up hysteria about fake news, so-called privacy, social media, computer games, child pornography, identity theft and fraud. Once the stage is set and the public is on edge, they await a crisis and pounce with heavy-handed regulation.
GDPR is only the latest attempt by the EU to fix the Internet. Remember the cookie law? Millions of Euros wasted on what soon became a dead letter. Unfortunately, people are taking GDPR more seriously. The success of the marketing campaign is evident when lay people (non-techies) tell me with glee that they won’t get any more spam, that the SMS alert from their supermarket is now illegal, that Facebook won’t be allowed to “read your mind” anymore and other such nonsense. Indeed, while I was corresponding with a high-level government bureaucrat (on the phone, they prefer not to have an email trail), trying to decipher what the government’s policy was, the official informed me that he cannot tell me, because of GDPR. Yes, pressing the government to state their official policy is now protected by this new law (it’s not). GDPR is totally misunderstood.
The truth is, the Internet is great. It is great because it works, and it works just fine. We do not need these bozos in Brussels or Washington DC to fix it. Since the Internet went mainstream, it has unleashed an incredible flourishing of ideas, opinions, entertainment, art, science, commerce… everything! The reason the Internet was able to bring about this new renaissance is because it is free. Not free in the no-cost sense, but free in the unregulated sense. Anyone can put anything on there and any one else can choose to interact with it, or not. Freedom, and anonymity, are the two magnificent pillars of the Internet. Nothing in recent times has done more to level the playing field in commerce and media and allow small upstart businesses to disrupt large, established dinosauric enterprises.
The Cookie Law, GDPR and it’s ilk are all attempts by establishment interests to restore the old status quo. This law has imposed a massive cost on businesses. I know this firsthand, thousands of man hours just in projects I am involved with have been spent on it already. This law, and others will ensure that Europe will continue to be a relative desert of Internet innovation. The cost of such regulation, which is similar for all businesses big and small, is disproportionately borne by the small and new enterprises, further stifling economic growth and innovation. Hopefully, the EU will continue to have enforcement problems and people can ignore the regulation out of existence.
A man walks into a bar and asks for a pint of beer. He does this every day, all week. On Saturday, he walks in and the barman asks “The usual?”. The man is incensed and calls the police, who arrest the barman and close down the bar. This story is essentially what GDPR brings. We freely volunteer personal information to third parties all the time. This is mostly exploited in order to improve our experience, by giving us a more relevant and tailored visit. Also, all the information is essentially controlled by the client. The “memory” of your visit sits in your browser and is easily deleted. All the information given to a third party is up to you, on the Internet, you can use a fake name, a fake address, a fake gender, anything. Of course, more sensitive information, like billing information is sometimes provided over the internet. But just like the bar in the example above, existing laws against fraud make it illegal for the barman to copy your card and go on a spending spree on your behalf - even if you have provided the information he needs to do this.
This regulation assumes that the consumer is a moron. That she is easily mislead by targeted advertising or ‘fake’ news. Although there are morons out there, it should remain up to us what we do online and what we do with our data. After all we own it. These regulations, intentionally or through sheer ignorance, attempt to break the Internet. The Internet, after all, poses a grave threat to the establishment. Soon, we can expect regulation directed against ‘fake’ news and social media (the groundwork has already been done). Just like the reactionary absolutist governments of the 19th century, officials hold up examples of genuinely fake news as an excuse to institute full press censorship. The public is in a far better position to determine what news is real or not than the government, who will abuse the power to decree what is true and false as soon as they get it. After all, in China, the Tienanmen Square massacre is ‘fake’ news.
The bureaucrats will not stop until the Internet, which they view as a pain in the backside, is thoroughly neutered. But just like in China, they will learn that you cannot kill the Hydra by cutting off heads. The decentralised nature of the Internet will allow it to survive in some form. Indeed, it will always be there for me, and the geeks who made it what it is today. It is non-technical people that will struggle to get back the most global and honest forum in the history of the world. If the bureaucrats finally succeed in breaking the Internet, we will just make another one. This time the bureaucrats might not be invited.
Cambridge USA, 29th May 2018
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| GDPR is not your friend |




