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We have 4 days to contest KYC being required by internet services

federalregister.gov

11–20 of 395 posts

Re: We have 4 days to contest KYC being required by internet services

#12

Unconstitutional.

What provision of the constitution does it violate? Do you know of court precedents that support that claim?

I'm not writing this to argue against your position, but to help people craft effective comments to submit in response to the proposed regulation. Federal agencies are not responsive to comments about people disliking a proposed rule, but are very responsive to concrete examples of why it might be legally problematic.

Re: We have 4 days to contest KYC being required by internet services

#14
post #5
post #2

Submission Statement: We have exactly 4 days to leave comments to the Federal Government of the United States of America contesting the requirement of KYC by internet service providers. This law is not conducive to a free internet/society.

I ask this 100% genuinely, since this isn't a subject I've ever given any mind to. Why should we oppose this? What are the potential negative outcomes if this goes through? Can you steelman the argument for why people support this, and explain why you find the arguments unconvincing?

I think that the biggest argument in favour is that it would remove anonymity on the internet, at least from governments, and that could enable law enforcement to more easily find people committing real crimes. CSAM, scams, etc.

I think the biggest argument against it is that this removes anonymity on the internet, at least from governments, and that would remove people's ability to freely voice their opinions without fears of repercussions (will the first amendment ever be modified? Will people who discuss what it's like to be an illegal immigrant/drug user/etc. be persecuted)? Also, it raises the question of what happens to users of VPN's, public internet, etc.

Re: We have 4 days to contest KYC being required by internet services

#15

This does not appear to affect domestic customers.

Then surely all the good actors have to do KYC, and all the bad actors can just pretend to be American entities.

I don't agree with this on principle, but even just from a practical perspective it seems like they are leaving the door completely open by doing that. What's even the point?

Re: We have 4 days to contest KYC being required by internet services

#16
post #5

Earlier quoted context omitted.

I ask this 100% genuinely, since this isn't a subject I've ever given any mind to. Why should we oppose this? What are the potential negative outcomes if this goes through? Can you steelman the argument for why people support this, and explain why you find the arguments unconvincing?

why recreate this important argument with coffee? The Berkman Center at Harvard or one hundred other places has decades of written policy work and case studies on these topics ..

I too would have asked the same question as GP, and also meant it genuinely. It feels like HN is a place where someone could summarise the (presumably strong) arguments against this? Or links to a good source as suggested by a sibling comment.

Re: We have 4 days to contest KYC being required by internet services

#17
post #5

Earlier quoted context omitted.

I ask this 100% genuinely, since this isn't a subject I've ever given any mind to. Why should we oppose this? What are the potential negative outcomes if this goes through? Can you steelman the argument for why people support this, and explain why you find the arguments unconvincing?

Provides the prerequisites for an authoritarian regime when they inevitable coopt the internet

Well some authoritarian regime would otherwise just do it whenever it got started, and it would require maybe a week?

Re: We have 4 days to contest KYC being required by internet services

#18
post #12

Unconstitutional.

What provision of the constitution does it violate? Do you know of court precedents that support that claim? I'm not writing this to argue against your position, but to help people craft effective comments to submit in response to the proposed regulation. Federal agencies are not responsive to comments about people disliking a proposed rule, but are very responsive to concrete examples of why it might be legally prob…

[dead]

Re: We have 4 days to contest KYC being required by internet services

#19
For those who didn't know, KYC stands for "know your customer". It's a good idea to spell out abbreviations the first time they're used, especially since the abbreviation itself is not used in the linked article. It's also worth noting that the proposal is about US infrastructure as a service (IaaS) products specifically, not "internet services" in general.

Re: We have 4 days to contest KYC being required by internet services

#20
This is about foreign customers only, so as an attempt to abolish the constitution, it is severely flawed in respecting it enough to keep its distance.

I can't think of any US service I am using that doesn't already require KYC? None of the large providers will let you get far without a credit card, as far as I remember?

Since the discussion here will consider itself mostly with upright revolutionaries being disenfranchised by such insult to their liberties, it is worth noting that when the revolutionaries are foreigners, the US often doesn't have the same incentive to disenfranchise them as it might have for domestic troublemakers.

In fact the US has quite a track record of granting rights to foreigners in excess of what they find at home, and even when it concerns allies: request by European courts and law enforcement are regularly rejected based on US norms when, for example, someone hosts their hat speech blog with an US-only provider.

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