I am a computer programmer, freedom enthusiast, and a big fan of Mises.org. I wonder if the community could help me think through an idea I have been having: that computer hacking is protected under the First Amendment.
Let me begin with an analogy.
You create a bomb and hook it up to a radio receiver. You set the bomb so that it will only explode when it receives a radio signal on a certain frequency, and then leave it in your living room. At some point, somebody transmits a signal on that frequency and your house is destroyed. Has the transmitter destroyed your property, or have you set up your property to be destroyed?
This analogy is meant to underscore an important fact about computers that is often misunderstood: computers always do exactly what you tell them to, and only what you tell them to. When a computer user encounters a “bug” in a program, that is because the person who created the program instructed the computer to do something wrong. Likewise, if your computer is “hacked”, what has happened is that you, in fact, have set up your computer to do something that you actually do not want it to do, namely allowing access to an unauthorized user.
There is no concept of a computer being “broken into” in a virtual sense. Breaking into a computer simply means you have transmitted a signal that reaches that computer, that makes the computer do something it was instructed to do, but that the owner of the computer actually does not want it to do. The owner has definitely instructed the computer to do what you ask it–otherwise the computer would not do it.
It’s also important to remember that a computer can only be “hacked” if it is connected to the same network as a “hacker”. What that means is that the owner of the computer has instructed their computer to receive signals from others on the network and interpret them.
Therefore, the act of “breaking into” somebody’s computer can be seen as a form of expression. They are simply using property they own (their computer) to transmit signals over a network they have been allowed access to (the internet). The owner of the computer being hacked has full physical control over his computer–his property rights have not been violated. He has simply done a silly thing in instructing his computer to interpret the signals of the “hacker” in such a way that the hacker is able to view or manipulate information the owner wishes to keep private.
Of course, this does not mean that hacking needs to be permitted or allowed. Access to the internet is achieved by contracting with an Internet Service Provider (ISP). ISPs allow customers to access their network, which in turn allows access to other networks that the ISP is connected to. ISPs have the freedom to restrict certain activities over their networks, and so should be the policemen who detect hackers and restrict them. Governments have proven extremely ineffective at this, anyways.
I noticed there was another thread on this topic, and it was suggested that “hacking = trespassing”. But again, I don’t think property rights are violated whatsoever by hacking. The owner of the “hacked” computer has maintained physical control over the computer, and it has only done as he instructed it to do.
There simply is no analog between a computer system and a physical place. Even the “radio bomb” I mentioned above is only loosely analogous. It doesn’t make sense to define computer hacking as a form of either trespassing or theft.
I think teuch phrased it most succinctly: “Either a computer accepts instructions from other computers, and the owner is responsible for controlling what is sent out, or all communication between computers is trespass and we must destroy the internet.”
What do you think? Could anyone recommend some more reading on this?