Robert Ulbricht, the ?alleged boss of the Internet narcotics website, Silk Road, is currently facing trial.
While the Department of Justice provided evidence linking Ulbricht to running Silk Road, Ulbricht’s defense attorney provides an interesting debate: He argues for the untrustworthy nature of the Internet, and questions the link between the Internet and real life. I think this is a flawed approach. Defense attorney Joshua Dratel presented an alternative theory that Ulbricht operated under Internet ?pseudonym, Dread Pirate Roberts.
Under this theory, Ulbricht created the website as a benign economic ?experiment, handing it to its real operators after a few months, who would later frame him as being Dread Pirate Roberts.
Dratel’s main premise was how Internet interactions “can be distorted, edited, moved and manipulated,” deeming it unreliable. He claims “there’s a distinction between the Internet and IRL,” meaning “in real life,” “for a reason.”
“We are here in IRL, and we have to make judgments in IRL.”
Dratel’s claim poses an interesting question if there is a clear distinction to be made between the Internet and real life. In this case, it seems the distinction is quite apparent. If he was never Dread Pirate Roberts, then he should not be guilty for the illegal activities carried out by Dread Pirate Roberts. If he was, in fact, Dread Pirate Roberts, then he is obviously guilty and should be punished ?accordingly.
But can an Internet entity like Dread Pirate ?Roberts even be guilty of something? What if his actions are comprised of the actions of many individuals and not one particular individual?
In such cases, it would be most plausible to charge each ?individual responsible. After all, it is people who run the Internet and who are responsible for their own ?decisions.
Ulbricht’s case shows how important activities on the Internet can be to one’s life. While many believe Internet activities are untrustworthy and not to be taken seriously, their legal consequences ?suggest otherwise. Instead of blaming the web, more attention should be given to the people who make them.
After all, the legal responsibilities in real life remain in effect at all times. This includes time spent on the Internet.
nywu@indiana.edu
