민주주의 사회와 넷

인터넷이 민주주의의 발전에 기여할까요. 권력을 감시하고, 국민의 뜻을 대변한다는 의미에서 신속하고 저렴한 정보의 유통은 분명 긍정적인 요소입니다. 다만 현재와 같이 정보에의 접근과 정보 감시가 광범위하게 허용된다면 오히려 통제의 수단으로 사용될 가능성도 어느때보다 높습니다.

• Eben Moglen & Pamela S. Karlan, The Soul of a New Political Machine: The Online, the Color Line and Electronic Democracy, 34 Loyola of Los Angeles L. Rev. 1089 (2001).
  • virtual communities, unmediated expression

• 정유경, "'촛불 민의' 수렴할 시민대표 인터넷 선출하자", 한국일보, 2016.12.07
  • 공개적인 온라인 의사결정 구조에 의해 수렴된 민의를 대변하는 평시민들의 시한부 대표기구가 될 것”

• Andrew Tarantola, University of Michigan teams with Google to track Flint water crisis, Engadget, 2016. 12. 12
  • The app will provide tools so that residents can monitor water-testing results

• 백봉삼, 朴대통령 탄핵 정국, 'O2O 파워' 빛났다, ZDNet, 2016. 12. 13.
  • 스마트폰과 모바일 파워로 무장한 똑똑한 시민들은 광화문을 민주주의의 플랫폼으로 만들어냈다.

• Leslie Wayne, Regulators Confront Web Role in Politics, New York Times, April 21, 2000
  • Traditionally, the government regulates political activity by regulating the flow of money…But in the cyberworld, costs are minimal.

• Don Lewicki and Tim Ziaukas, The Digital Tea Leaves of Election 2000: The Internet and the Future of Presidential Politics, First Monday, December 2000
  • The next challenge is taking the Internet from what it is now, at least from a campaign standpoint, which is an organizational device and, at best, a motivational device for someone who is already supporting, and turn it into a persuasive one.

• Christopher D. Hunter, Political Privacy and Online Politics: How E-Campaigning Threatens Voter Privacy, First Monday, February 2002
  • Using many of the same tools as e-commerce (cookies, Web bugs, profiling, data mining), e-campaigns have developed systems which have the potential to identify, target, track, and deliver customized messages to potential voters.

• Declan McCullagh, Liberal Net rules spawn political attack ads, C|Net News.com, May 6, 2004
  • thanks to changes in campaign law that have largely taken effect this year, candidates do not have to endorse their own Internet spots–something that's mandated in radio and television under a measure known as the “stand by your ad” requirement.

• Declan McCullagh, The coming crackdown on blogging, C|Net News.com, March 3, 2005
  • If someone sets up a home page and links to their favorite politician, is that a contribution?

• Ellen Weintraub, Bloggers, chill out already, C|Net News.com, March 7, 2005
  • the context here has everything to do with paid advertising, and nothing to do with individuals blogging and sending e-mails.

• Richard Hasen, Should the FEC Regulate Political Blogging?, Personal Democracy Forum, March 7, 2005
  • They should get a special exemption from reporting and coordination requirements, but they should have to disclose on their sites payments from candidates or committees to take a particular position in a federal race.

• Brian Faler, Groups Weigh In on Web Politicking, Washington Post, June 5, 2005
  • The lawmakers …said bloggers who take money from political campaigns should not have to disclose that on their Web sites…also said that bloggers who incorporate for liability purposes should not have to abide by rules barring corporations from contributing to political candidates.

• Anne Broache, Politicos want to shield Net from election laws, C|Net News.com, September 22, 2005
  • members of Congress want to change the law and immunize it.

• John Borland, Want to vote? Text me now, C|Net News.com, October 19, 2005
  • turn the immediacy and near-ubiquity of cell phones into a powerful tool of political organization and mobilization.

• Leslie Harris & John Morris, Hensarling Bill Would Do Too Little, and Too Much, Center for Democracy and Technology, March 14, 2006
  • That bill would remove spending limitations imposed by BCRA on state political parties and corporations

• CDT, Comparison of the Impact on Small Speakers of H.R. 1606 and H.R. 4900, Center for Democracy and Technogloy, March 15, 2006

• Declan McCullagh, Election commission takes light touch with Net regs, C|Net News, March 24, 2006
  • The rules say that paid Web advertising..will be regulated like political advertising in other types of media…bloggers can enjoy the freedoms of traditional news organizations when endorsing a candidate or engaging in political speech.

• Vice Chairman Lenhard & Commissioner Weintraub, FEC Internet Rulemaking - Background and FAQ, Federal Election Commission, March 24, 2006
  • The new definition of “public communication” continues to exclude communications over the Internet, except for advertisements placed on another person’s website.

• Amendments to the Final Rule (pdf), Federal Election Commission, March 27, 2006
  • an employee’s “occasional, isolated, or incidental use” of computer equipment and Internet services fo Federal campaign activities would not be an expenditure or contribution by the corporation or labor organization.

• Anne Broache, Feds approve liberal election rules for Net, C|Net News, March 27, 2006
  • Paid political advertising appearing on someone else's Web site would have to be reported, regardless of how little or how much it costs. But that responsibility would lie with the candidate, political party or committee backing the ad–not a Web site accepting the ads.

• AFP Tokyo requests YouTube delete candidates' speeches PhysOrg.com, Apr 9, 2007
  • Japanese election law limits the broadcasting of speeches, which are aired only on public broadcaster NHK.

• Jon Pincus, A wiki, saving democracy?, September 18, 2008
  • Almost all voter suppression relies to a large extent on information asymmetry.

• Nancy Scola, May the Best Database Win?, TechPresident, Sept 19, 2008
  • Catalist, VoteBuilder, VoterVault.

• 헌법재판소 2010. 2. 25. 선고 2008헌마324
  • 정당·후보자에 대한 지지·반대의 글을 게시할 수 있도록 하는 경우에는 실명확인을 거치도록 함으로써 후보자에 대한 인신공격이나 각종 흑색선전이 줄어들 수 있고, 이로 인하여 선거의 공정성의 확보 효과를 거둘 수 있음이 예상되므로 수단의 적합성도 인정

• 헌법재판소 2011. 12. 29. 선고 2007헌마1001 등
  • 인터넷은 개방성, 상호작용성, 탈중앙통제성, 접근의 용이성, 다양성 등을 기본으로 하는 사상의 자유시장에 가장 근접한 매체이다. 즉, 인터넷은 저렴한 비용으로 누구나 손쉽게 접근이 가능하고 가장 참여적인 매체로서, 표현의 쌍방향성이 보장되고, 정보의 제공을 통한 의사표현 뿐 아니라 정보의 수령, 취득에 있어서도 좀 더 능동적이고 의도적인 행동이 필요하다는 특성을 지니므로, 일반유권자도 인터넷 상에서 정치적 의사표현이나 선거운동을 하고자 할 개연성이 높고, 경제력 차이에 따른 선거의 공정성 훼손이라는 폐해가 나타날 가능성이 현저히 낮으며, 매체 자체에서 잘못된 정보에 대한 반론과 토론, 교정이 이루어질 수 있고, 국가의 개입이 없이 커뮤니케이션과 정보의 다양성이 확보될 수 있다는 점에서 확연히 대비된다. (이러한) 점 등을 고려하면, 이 사건 법률조항에서 선거일전 180일부터 선거일까지 인터넷상 선거와 관련한 정치적 표현 및 선거운동을 금지하고 처벌하는 것은 후보자 간 경제력 차이에 따른 불균형 및 흑색선전을 통한 부당한 경쟁을 막고, 선거의 평온과 공정을 해하는 결과를 방지한다는 입법목적 달성을 위하여 적합한 수단이라고 할 수 없다.

• Sasha Issenberg, Why Campaign Reporters are Behind the Curve, New York Times, September 1, 2012
  • Campaigns have borrowed techniques from the social sciences, including behavioral psychology and statistical modeling.

• Zoe Corbyn, Facebook experiment boosts US voter turnout, Nature, September 12, 2012
  • those who got the informational message voted at the same rate as those who saw no message at all. But those who saw the social message were ….0.4% more likely to head to the polls than either other group.

• Harry Davies and Danny Yadron, How Facebook tracks and profits from voters in a $10bn US election, The Guardian, January 28, 2016
  • There’s an important difference between what people share voluntarily on social media and what they have no desire to share, like their cellphone metadata.

• “ 트럼프 당선, 페이스북의 허위 정보 탓" 비난 확산, 연합뉴스, 2016. 11. 12.
  • 페이스북의 알고리즘이 허위 정보를 제대로 거르지 않은 채 그대로 노출하면서 이번 미국 대선에 큰 영향을 줬다

• Rebecca Fairley Raney, Voting by the Internet: The Mouse Still Hasn't Roared, New York Times, January 30, 2000
  • Practical issues aside, the political obstacles are bound to remain substantial.

• Caltech-MIT Voting Technology Project, Voting -- What Is, What Could Be, July 2001
  • Our data show that between 4 and 6 million votes were lost in the 2000 election.

• Kim Zetter, E-Voting Undermined by Sloppiness, Wired News, December 17, 2003
  • the company installed uncertified software in all 17 counties

• Kim Zetter, Open-Source E-Voting Heads West, Wired News, January 21, 2004
  • all voting code should be open source so the public can ensure that the code is doing what it's supposed to do and doesn't contain security flaws.

• Kim Zetter, Risky E-Vote System to Expand, Wired News, January 26, 2004
  • an Internet voting system that allows ballots to be cast through personal computers would be vulnerable to viruses and worms, spoofing attacks..or a DoS attack

• David McGlinchey, Pentagon scraps plan for online voting in 2004 elections, GovExec.com, February 5, 2004
  • the SERVE system has numerous “security problems that leave it vulnerable to a variety of well-known cyberattacks.”

• Michigan Dems Vote Online, Wired News, February 6, 2004
  • People shop online every day. Businesses do online financial transactions worth trillions of dollars. Why shouldn't you be able to vote online?

• Adam Berinsky, The Perverse Consequences of Electoral Reform in the United States, American Politics Research, Volume 31, Number X, 1-21, April 2004
  • Because levels of political engagement currently follow, rather than cross, demographic divisions in the electorate, reforms designed to make voting “easier” magnify the existing socioeconomic biases in the composition of the electorate.

• https://www.verifiedvoting.org/ VerifiedVoting.org

• Liebman, Benjamin L. and Wu, Tim, China's Network Justice (January 9, 2007). Columbia Public Law Research Paper No. 07-143.
  • in a country with a weak judiciary, the ease of criticism made possible by cheap communications technology can pose a serious threat to the legitimacy and power of the courts…where the judiciary is weak, and its decisions inconsistent, herding may be an important political strategy

• Jennifer Lee, Guerrilla Warfare, Waged With Code, New York Times, October 10, 2002
  • Fighting restrictions on the use of the Internet can be difficult because the governments imposing the limits often control the technological infrastructure in their countries.

• Patrick Di Justo, Does the End Justify the Means?, Wired News, March 18, 2003
  • Diebert and his team have discovered that pornography and government criticism are the subjects most frequently blocked by non-democratic countries.

• Noah Schachtman, An Inside Look at China Filters, Wired News, December 4, 2004
  • Whatever a culture represses will come back to haunt them as fate

• Jim Kerstetter, Group says Yahoo helped jail Chinese journalist, C|Net News.com, September 6, 2005
  • detailed information that helped them link Shi's personal e-mail account and a specific message containing the “state secret” to the IP address of his computer.

• Alorie Gilbert, Handbook offers tips for cyberdissidents, C|Net News.com, September 22, 2005
  • Bloggers are often the only real journalists in countries where the mainstream media is censored or under pressure

• Tom Zeller Jr.,