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: Law at the End of the Day

"Anonymous": Organizing Collective Action and Coercive Power Beyond the State

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Traditionally, it is commonly assumed that an institutionalized organization is necessary for the organization and deployment of collective power.  When organized in the form of a political state, such power is assumed to be at its greatest, including the legitimate use of organized violence for the attainment of political ends.  In the absence of organization, the deployment of power, especially against well organized states, was considered sub-optimal.   People, individually, and mass movements of people, were assumed to act legitimately only by acting upon or through the state within the frameworks of whatever institutionalized apparatus was constructed for them from out of either the consent of their fore bearers or on the basis of some legitimating  foundation-ideology. Legitimate individual political action, or mass mobilization, could not be effectuated outside the state or its authorized institutionalized frameworks (non-governmental organizations, corporations, supra-national entities--all nice and tidy and constructed in imitation of the state apparatus to political effect), in form or function.

But times change, and that change has been accelerated by the changing context in which  human communities have been coming to organize their activities outside the state.  The rise of al-Qaeda and other non-governmental communities has provided evidence that the apparatus and legitimacy framework of a state is unnecessary for the organization and deployment of power--even military power. See, e.g., Miles Kahler, "Collective Action and Clandestine Networks:  The Case of al Qaeda," in Networked Politics: Agency, Power, and Governance (Miles Kahler, ed.) Cornell University Press, 2009.

But globalization has permitted the successful growth not merely of non-governmental organizations structured in a way that mimics the state, but of other forms of organization that express temporal and objectives related aggregations of individual will for collective action.  These temporary but powerful aggregations of action are organized around fidelity to ideologies that serve as the foundation for action.   The power of these amalgamations and their effectiveness in actions against other non-state actors, and even states, has been recently evidenced in the reaction to the concerted activities against Julien Assage and his efforts to disclose secret information obtained principally by those who work against the interests of the United States and its allies.


Among the most interesting forms of coercive action collectives that have emerged from the Assange affair has been a collective (I do not call them a group) that styles itself "Anonymous."   

Anonymous is not an organization. There are no official members, guidelines, leaders, representatives or unifying principles. Rather, Anonymous is a word that identifies the millions of people, groups, and individuals on and off of the internet who, without disclosing their identities, express diverse opinions on many topics. To be Anonymous does not imply thinking or acting in concert with others who are Anonymous; rather, it describes a way of communicating and promoting social change. . . . We continue to believe that diverse individuals who share common ideals can progress beyond the temporary satisfaction of retaliation and toward efficient, targeted and sustained activism. Together, we can shed a beacon of hope that will illuminate our defense of freedom and our consciousness of shared humanity. (Why We Protest).
So begins the self-description of a collective that exhibits some of the more transformative power of globalization when combined with the political culture of mass democracy and the politics of mass mobilization framed around ideology. These are the very structures and tools that have been successfully deployed by the state in the construction of both the social state of the 20th century and the framework for supra-national economic ordering of globalization. Cf. Edward Hallett Carr, Nationalism and After (London: MacMillan, 1945).  It has served as a template for large non-state actors for the management of the masses. 

Kim Jong Il is Healthy (well, at least, on canvas), Where the Hell Am I, Sept. 30, 2008 (quoting David Heather: "As important tools in the mobilization of the masses, posters have to have an instantaneous impact on the viewers' understanding and their desire to act upon this understanding. Their message has to be accessible, clear and direct; informative and explanatory, as well as exhortative. The link between contemplation and action is crucial.").

This "functional internationalism"  was once viewed as utopian in the absence of  an organized power guaranteeing it operation.  ""It must, however be admitted that this idealistic view of a functional internationalism, based on the conception of international order as association not between nations as such but between people and groups of different nations, and realized through an indefinite number of organizations cutting across national divisions and exercising authority for specific and limited purposes over individuals and functional groups, would be utopian if it failed to take into account  from the outset of the unresolved issue of power." (Carr, supra at 50-51).  But this framework is precisely the sort that has served as a conceptual foundation for transnational organization and governance among public and non-state actors, traditionally organized.  See, e.g., Gunher Teubner, Global Law Without a State (Darthmouth: Aldershot, 1997); Gralf-Peter Calliess and Peer Zumbasen, Rough Consensus and Running Code:  A Theory of Transnational Private Law (Oxford University Press, 2010). See also Larry Catá Backer, Governance Without Government: An Overview and Application of Interactions Between Law-State and Governance-Corporate Systems (March 1, 2010). Penn State Legal Studies Research 10-2010. One wonders whether, in the form of Anonymous, we are discovering now that it can, as easily be used by mass collectives against the state. 

Thus, Anonymous describes itself as
a collection of individuals united by ideas. You likely know Anonymous, although you don't know exactly who we are. We are your brothers and sisters, your parents and children, your superiors and your underlings. We are the concerned citizens standing next to you. Anonymous is everywhere, yet nowhere. Our strength lies in our numbers. Our will as a whole is the combined will of individuals. Our greatest advantage is a knowledge of the fundamentals we share as human beings. This knowledge is a fruit of our anonymity. (More About Anonymous).
It serves as a limiting form of mass organization--positing an equality among individuals, it frames action around ideology and the mobilization of responses to  ideological challenges.  It accomplishes this through the aggregation of the actions of individuals coordinating, in an uncoordinated way, responses to ideological challenges and framing objectives in precise and very narrow  ways.
Anonymous is comprised of people from all walks of life and has no rigid hierarchy or leadership. Our organization is accomplished entirely through the voluntary action and collaboration of individuals, many of whom do not know each other directly. . . . The leadership of Anonymous is non-existent. We have no controlling party. We fall under the sway of no individual or organization. We are directed only by the decisions of the whole. Guidance comes from the message, not from the individual. (More About Anonymous).
Christina Grammatikopoulou, On Becoming A Hacker: A new political and cultural practice, Interartive.

Thus mobilized, this aggregation of individual, this mass democratic movement unmanaged by the state or the apparatus of other state or non-state actors, will seek to act in concert to achieve an objective understood as advancing the imperatives of the jointly embraced ideologies around which mass mobilization is centered.
The FBI has seized a server in Texas as part of its hunt for the groups behind the pro-WikiLeaks denial-of-service attacks launched in December against PayPal, Visa, MasterCard, and others, according to a report. . . .Anonymous has claimed responsibility for deluging the Web sites of PayPal and others with data in order to bring the sites down. The attacks, the group says, were a response to actions taken by the site holders against WikiLeaks, after WikiLeaks publicly released a slew of confidential U.S. diplomatic cables. PayPal, MasterCard, and Visa all decided to prevent WikiLeaks from collecting donations via their financial networks. 4Chan has said it was behind an attack to shut down the sites for Swiss bank PostFinance and lawyers in Sweden prosecuting sex allegations against WikiLeaks front man Julian Assange.  Report: FBI seizes server in probe of WikiLeaks attacks, CNet News, Jan. 1, 2011.
And it has attacked the state apparatus itself.  See, David Smith, Anonymous hackers target Zimbabwe government over WikiLeaks, The Guardian (U.K.), Dec.31, 2010. 
Anonymous thus presents a new form of institutionalized governance that appears to embody in a new form the consequences of the movement toward mass democracy a century in the making.  It represents disorganized organization, a potential state always at the ready, that becomes whole for brief periods and against specific objectives.  It is governance without either government or apparatus (institution).  It is activated by the processing of judgments that derive from its monitoring.  Anonymous suggests Foucault's gaze turned outward.  The inmates of the Panopticon do not merely monitor inward (themselves), they monitor outward as well (the people and institutional structures around them). Now better understood through the less threatening language of "transparency", the (self) governance effects can be profound.  Cf., Matt Hannah, "Imperfect Panopticism: Envisioning the Construction of Normal Lives," in Space and Social Theory:  Interpreting Modernity and Postmodernity 344 (Georges Benko & Ulf Strohmeyer, eds., Oxford: Blackwell, 1997).  There is a sense of this in the pivotal role that non-governmental organizations already play int he construction and maintenance of non-state governance regimes.  See, Larry Catá Backer, From Moral Obligation to International Law: Disclosure Systems, Markets and the Regulation of Multinational Corporations. Georgetown Journal of International Law, Vol. 39, 2008. 

Its form is discerned by the strong framework provided through a shared set of beliefs.  This is not a singular ideological frame, but a cluster of sub-frames.  Anonymous embraces  a core ideology with a large number of more specifically applicable sub-ideologies (or consequerntialist ideologies). These ideologies are consequentialist in the sense that they provide the means for measuring the actions of others and for assessing the legitimacy and possibility objective for which of mass mobilization is necessary and the collective aroused. Yet its strength, in shared ideology, may also prove its weak point.  Ideology might roam freely through mass movement communities.  But it is also something to which many contribute.  One can expect that if ideology triggers mobilization and determines both its character and objectives, the power to move ideology, even a little bit, would be quite important.  See generally, Pierre  Bourdieu, "The Market of Symbolic Goods," in The Field of Cultural Production 112-141(Randall Johnson, ed., New York:  Columbia University Press,  1993).  But, even within a more conventional multi-institutional transnational context, that is a project shared by many with diverse and antagonistic positions.   See,  Larry Catá Backer, Economic Globalization and the Rise of Efficient Systems of Global Private Lawmaking: Wal-Mart as Global Legislator. University of Connecticut Law Review, Vol. 39, No. 4, 2007.

As the actualization, at least in very early form, of what may be a new form of non-state actor with governance power (and certainly with the ability to project power against other non-state actors and even against states) the constellation of mass mobilization known as "Anonymous" is worth considering.  That cross border mass mobilization is possible, and can be made effective against state and non-state actors, that such mobilizations can be harassed through the articulation of praxis oriented application of commonly embraced ideology that are substantially similar to those that support the legitimacy of state action, suggests the power of this form of governance organization, its strengths and weaknesses.  Like spiderweb, it is easy to pierce when considered from the perspective of the conventional organization of governance units.  But like spider web it can be quite strong when invoked for the limited and transitory objectives for which mobilization based action is organized. Though the current interactions between this aggregation and states over the Wikileaks disclosures will likely be managed away, the form of this framework for governance will not.

One of my students, Robert Marriott, has undertaken some research on Anonymous. He has agreed to share an essay reflecting his work, which is reproduced below. The essay follows:

The Problems and Perspectives of Anonymous as a criminal entity
Robert Marriott


Several hosting and payment company websites were recently attacked by the internet group Anonymous under the banner of ?Operation Payback?, an attempt to show solidarity and lend support to Julian Assange and Wikileaks in light of Assange?s recent arrest and the substantial part of the media which has cast the site?s recent activities in a derogatory light. Each of these sites had responded to soft pressure and requests from US Government officials to stop supporting Wikileaks. Although the attacks did temporarily shut down some sites and brought about policy reversals in a couple of cases, they generally did not cause substantial damage, and did lead Assange to publicly distance himself from Anonymous and its tactics. Anonymous is now working to disseminate the diplomatic cables Wikileaks has released as widely across the web as possible, usually by legal if not entirely orthodox means. The capacity of Anonymous and similar organizations to commit legal acts of protest, and criminal acts poses novel and substantial challenges to effective governance on an international scale. This essay will focus upon the history and development of Anonymous as a decentralized group, the merits and demerits of arguments describing Project Payback as a valid of civil protest, and the effectiveness of different responses to Anonymous by government agents seeking to reduce their potential impact.

Anonymous originated among the users of an imageboard (a BBS that permits image posting) called 4chan. Individuals posting to 4chan are not identified unless they choose to give themselves a nickname- hence, ?anonymous?. Even before the emergence of Anonymous as a broader entity, ideas and figures of speech from 4chan would frequently find their way into broader internet culture, and conversation on the board could, in a matter of minutes, use and discard a large number of topics in a complex interplay of a variety of memes and in-jokes. Among the sections of the website, the most infamous was /b/, the Random board. This section is almost completely unmoderated, and became known as a place where the most profane and uncensored sort of discussion could take place, involving depraved conversation topics and the use of graphic ?shock? images to troll other users and attract attention to the original poster. To give an example, it was not until after several years of community infighting and external legal pressure that images of child pornography were universally banned from the site. This ban, and other internal disputes, would also lead to the creation of a large number of similar imageboards that catered to 4chan users who also had other interests, or simply to create a parallel community. Individuals who used any of these boards can be seen as the first members of Anonymous. This definition still holds: individuals who use the boards are Anonymous, despite no affiliation with cyberattacks or criminal activity. The fact that many Anonymous members do nothing illegal and are involved in no protest movements can make discussing the criminal acts of some members of Anonymous difficult; from this point forward the reader may assume that Anonymous refers only to those members of the group whom are either involved in some form of illegal activity as part of the group, or are members of one of its protest movements, or both.

The first raids by members of Anonymous were carried out against websites that were seen as wronging the 4chan community in some way, such as by stealing content generated by users, or against individuals whom posters on /b/ found offensive, such as an individuals who posted footage of cruelty to animals. A ?raid? could employ any number of methods, including locating and publicizing a target?s personal contact information, reporting the target to the authorities for real or fabricated offenses, or cyberattacks that seek to disable the target?s activities online. Although these early raids were partially retributive in nature, another major motivation was ?lulz?, a variation of LOL meant to indicate a sort of schadenfreude. A frequent justification for a raid or other attack came to be that it was done ?for the lulz?, alongside any other moral gloss that the situation provided. At no time did these attacks represent any consistent moral or social system of norms by the community; rather, they were acts of opportunity by individuals who felt protected by their anonymity online, and empowered by the society they had found in their community. Targets were selected largely based upon popular consensus, which varied intensely; if Anonymous attacked a man in Nebraska for setting his cat on fire one week, the next they might ignore or take amusement in posted videos of similar animal torture from another source. For years, these attacks occurred with only sporadic media coverage. Generally, it appeared to be understood that publicity was counterproductive- when members of the media reported on Anonymous, it tended to attract new users to the board, and members of the group reveled in the mistakes members of the press made in describing the group. 

 boomark / email).

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