When I was 15, I declared Crispin Sartwell to be an independent nation. My body was its
sovereign territory. Its border was my skin. Its national anthem was "Give It to Me" by the J.
Geils Band.
My declaration of independence had various immediate benefits. You could not enter Crispin
Sartwell without obtaining a visa from me, for example. And the laws of the United States no
longer applied to my behavior.
Seems I was not alone in my revolt against imperialistic powers. Even before Crispin Sartwell
became independent, former British Royal Fusilier Paddy Roy Bates had landed on an abandoned
World War II antiaircraft platform six miles off the coast of Britain and declared all 6200 square
yards of it to be the Principality of Sealand.
Ever since Sealand's independence in 1967, Prince Roy and his wife, the former model Princess
Joan, have been trying to figure out what the heck to do with their principality. They tried pirate
radio. They tried issuing passports and stamps. There have been coups and invasions and perhaps
a bit of money-laundering and illlegal arms dealing: all in all an exciting history.
But now, thanks to a group of American cyberpunks known collectively as Havenco and led by
one Sean Hastings, Prince Roy has a plan. Sealand is being set up as a "data haven" where your
information can be protected from the prying eyes of government agencies. If you want your
email to be unmonitorable or your electronic transactions untraceable and untaxable, Sealand's
servers could be your best bet.
The internet raises unprecedented issues with regard to privacy and liberty. As the cyberpunk
writer Bruce Sterling said early on, "Information wants to be free." And the net has provided an
unprecedented opportunity for free expression.
One of the greatest barriers to freedom of the press has always been access: only a few wealthy
people could own newspapers and magazines. But the web has made it possible for many people
to publish ideas that are too eccentric or controversial to appear in the mainstream press.
A perfect example of the problems created by the free flow of information on the internet is the
debate that has erupted about the Napster program. Written by 19-year-old college dropout
Shawn Fanning, it allows people easily to download music without paying for it. The recording
companies, of course, would like you to pay for their products. But their products now consist of
digital information, and so they keep escaping into the huge virtual wilderness of cyberspace.
At the outset, the internet was a lawless, wild territory in which almost anyone could do
almost anything. It was an anarchic fantasy of free people and free expression. In its pure form,
that era is certainly over. Microsoft and America Online/Time-Warner increasingly consolidate
access to the internet and generate its content.
Congress tries to regulate internet pornography. And even as the U.S. government relaxes
restrictions on encryption software that can increase the confidentiality and security of electronic
communications, other governments such as China crack down. And as the justice department
tries to detach Microsoft's net software from its operating system, Microsoft continues to try to
achieve a seamless continuous monopoly.
The cowboys, meanwhile, have sometimes mutated into cyberterrorists in response to the
consolidation. In the Philippines, a disillusioned computer science student named Onel A.
DeGuzman allegedly released the Love Bug on an unsuspecting world to protest the cost of
internet access.
The exponential growth of the Love Bug plague showed that the net is still wild. But the
response shows the dilemmas involved in regulating it. The government of the Phillippines had
trouble finding a law under which they could prosecute their suspect. Existing laws against
vandalism and assault didn't quite apply to the act of writing code. And the havoc that the Love
Bug created had no respect for political borders. As the thing rolled across the physical and cyber
worlds, infecting whatever it touched, it was difficult to say where the crime was committed, and
hence where DeGuzman should be prosecuted.
Perhaps the crime happened not in the Phillippines, but in the everywhere and nowhere of
cyberspace. But then by whom could this crime be prosecuted? The internet has no government.
As time goes on, the political boundaries between countries may simply become obsolete.
Transactions of all kinds - social, sexual, economic - are enacted between electronic personalities
("screen names," for example) rather than physical persons. So "who" goes to jail "where"? Beats
me.
Indeed, it's a bit hard to see what exactly has to be located in Sealand to make it a data haven.
There will be satellite uplinks and microwave transmitters, no doubt, and certainly information
storage and retrieval systems. But the persons communicating with one another along the routes
that flow through Sealand will be located in countries that may have laws against what they're
doing.
In a sense, Sealand does not even need to be a physical location. It seems possible that one
could simply declare one's website to be an independent nation: declare a certain spectrum of
bandwidth to be autonomous. In fact, the physical Sealand has the problem that it has never been
formally recognized by the English government, which still claims ownership. But a piece of
cyberterritory is subject to no country's clear sovereignty.
Whether or not the governments and corporations will be able to dominate access to and
expression on the net is an open question: never underestimate the power of a huge, rich
bureaucracy. But one thing that is already clear is that the net forces us to rethink the very ideas
of commerce, politics, diplomacy, and violence.
These now take place in a virtual space that no government or corporation can yet fully claim,
that all governments and corporations share with grad students, novelists, poodle enthusiasts, and
whoever else might log on.
The folks who would regulate the net will have to come up not only with new enforcement
procedures, new modes of surveillance and censorship, but also with news ways of
conceptualizing the very idea of enforcement. They will not always be able to prosecute a crime as
though somebody committed it at a certain physical location, and they will no longer be able to
trace a crime to its source in a physical body. Tomorrow's criminals might be syndicates of
simulated personae.
So it doesn't bother me that the United States has never formally recognized Crispin Sartwell's
territorial integrity and security concerns. I'm going virtual, baby, and I'm routing my cybernation
through the Principality of Sealand.