AFFIRMATIVE COUNTERPLAN FREE MARKET ANSWERS 95
GOVERNMENT INVOLVEMENT IS NEEDED TO RESTRAIN THE MAJORITY
AN ACTIVE STATE IS NECESSARY TO PREVENT TYRANNY OF THE MAJORITY
Neil Weinstock Netanel, Arnold, White & Durkee Centennial Professor of Law, University of Texas School of Law, March 2000; California Law Review, "Cyberspace Self-Governance: A Skeptical View from Liberal Democratic Theory," EE2001-hxm lxnx
A note of caution before I do so: as I have suggested above, a complete assessment of the desirability of state intervention would need to examine the state side of the equation as well as the cyberspace side. It would need to ask not only whether cyberspace fails to protect liberal democratic values, but also whether, even in those areas in which state intervention seems warranted, the state can be expected to act effectively in the interest of oppressed individuals and minorities. Political liberalism already contains within it a healthy skepticism of the state. Much liberal doctrine is designed to cabin state power and to prevent majorities from using state institutions to oppress minorities. But in the areas I will discuss, liberalism also requires an activist state. The concentration of private power and majority prejudice, self-regard, or indifference in civil society can also deprive minorities of the incidents and requisites of liberal citizenship.
IF INDUSTRY WILL NOT PROTECT PRIVACY, GOVERNMENT IS THE LOGICAL AGENT TO DO SO
Denise Caruso, The New York Times, August 30, 1999, SECTION: Section C; Page 5; TITLE: TECHNOLOGY: Digital Commerce; Consumers keep saying they want personal information kept private. What will it take to get industry to listen? // acs-EE2001
And Mr. Kennard said he saw a broader issue around the collection of detailed consumer data in every transaction from the supermarket scanner to the credit-card number on the Internet. "As a society, we have to come up with a way of protecting that information for benefit of consumers," he said. "It doesn't necessarily mean that Government has to do it, but Government is certainly a logical place for it to be done if industry isn't going to step up to the plate."