Let me give away the punchline here: if your definition of freedom includes not just freedom from harassment and subjugation but from the possibility of harassment and subjugation, then software licenses and cryptography have as much to do with real digital rights and freedoms as your driver’s license has to do with your freedom of mobility. Which is to say, almost nothing.

We should be well past talking about the minutia of licenses and the comparative strengths of cryptographic algorithms at this point. The fact that we’re not is a clear sign that privacy, safety and security on the internet are not “real rights” in any meaningful sense. Not only because the state does not meaningfully defend them but because it does not mandate in protracted detail how they should be secured, fund institutions to secure that mandate and give the force of law to the consequences of failure.

The conversation we should be having at this point is not about is not what a license permits, it’s about the set of standards and practices that constitutes a minimum bar to clear in not being professionally negligent.


I don’t know what that looks like yet; I can see the rough outlines of the place it should be but isn’t. I can see the seeds of it in the quantified-self stuff, copyleft pushback and the idea that crypto is a munition. It’s crystal clear that a programmer clinging to the idea that algorithms are apolitical or that software is divorced from human bias or personal responsibility is a physicist holding to the aetheric model or phlogiston when other people are fuelling their rockets. The line between software freedom and personal freedom is meaningless now, and the way we’ve defined “software freedom” just about guarantees its irrelevancy. It’s just freedom now, and at the very least if our definition of what freedom is – and our debate about what freedom could be – isn’t as vast and wide-ranging and weird and wonderful and diverse and inclusive and scary as it could possibly be, then the freedom we end up with won’t be either.