I have previously criticized the copyright industry for employing DDoS providers to take down file-sharing websites.
I however disagree with the assumption that anyone is free to DDoS anyone else for any purpose only because the DDoS as such is not a criminal activity. This is my point about liberal democracies: we have many ways in which we steer and govern society and markets, most of which are completely unrelated to law enforcement and rather take aim at providing appropriate incentives for different society actors to act in the commonly agreed correct way in as many circumstances as possible.
This is also reflected in my point about the night-watch state. If one assumes that law enforcement and judiciary are the only two authorities which can be called upon to correct errors in society, then of course it would have to be law enforcement carrying the task of sorting out DDoS problems in the Western European democracies (UK and Ireland excepted), since the judiciary is not capable of solving ad hoc problems in the same way it can in common law based systems (US, UK, Ireland).
For various reasons, however, it's impractical to mix up these systems. I'm not entirely sure that the Germanic and Napoleonic legal traditions can effectively adopt a night-watch state approach, because they are by now too grounded in liberal philosophy (interdependencies, et c et c).
I have previously criticized the copyright industry for employing DDoS providers to take down file-sharing websites.
I however disagree with the assumption that anyone is free to DDoS anyone else for any purpose only because the DDoS as such is not a criminal activity. This is my point about liberal democracies: we have many ways in which we steer and govern society and markets, most of which are completely unrelated to law enforcement and rather take aim at providing appropriate incentives for different society actors to act in the commonly agreed correct way in as many circumstances as possible.
This is also reflected in my point about the night-watch state. If one assumes that law enforcement and judiciary are the only two authorities which can be called upon to correct errors in society, then of course it would have to be law enforcement carrying the task of sorting out DDoS problems in the Western European democracies (UK and Ireland excepted), since the judiciary is not capable of solving ad hoc problems in the same way it can in common law based systems (US, UK, Ireland).
For various reasons, however, it's impractical to mix up these systems. I'm not entirely sure that the Germanic and Napoleonic legal traditions can effectively adopt a night-watch state approach, because they are by now too grounded in liberal philosophy (interdependencies, et c et c).