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lone_haxx0r is not making an argument about free speech. He is just demonstrating his utter lack of knowledge about law, philosophy, society, and politics. Whe
by Quanttek 7y ago
lone_haxx0r is not making an argument about free speech. He is just demonstrating his utter lack of knowledge about law, philosophy, society, and politics.
Where does this distinction between physical and "digital" actions come from? Breaking into a server is an action, it's not speech. There's a big difference between sending a chat message (x no. of TCP packages) and sending C&C commands (also x no. of TCP packages). Just because you're technically only sending "information", doesn't demolish the action-speech distinction. Heck, there are theories in physics basically stating that our whole physical world is best understood as only a bunch of information. But that doesn't make the action-speech distinction mute.
There are already various theories of the (moral) foundations of law (see philosophy of law, jurisprudence). Talking about an "objective" foundation (whatever that means) that somehow needs to specify the speed of projectiles seems utterly impractical. We can just check whether harm has been done and what the intention of the perpetrator was (mens rea): Don't you think there should be a big legal difference between someone accidentally ramming a car and someone trying to murder the driver by ramming?