Re:Google accused of 'trust demolition' over health app
by bun_at_work on Friday November 16, 2018 @07:51AM
(#18468357)
This is a bit late, but does civil disobedience for a corporation in the modern America have to be violation of the law? I'm wondering where Apple's refusal to help the FBI unlock the San Bernadino shooter's iPhone lies.
(I've removed contextual text that I think is irrelevant for this discussion.)
https://news.ycombinator.com/item?id=11504953
... Civil disobedience is the refusal to obey laws, not the refusal to uphold them. People participating in civil disobedience do it with the understanding that they can (and should) be prosecuted for such. They do so to act as martyrs.
https://news.ycombinator.com/item?id=11506428
...
The bottom line is, you need to be really, really careful when you start arguing for "ethics" and "morality" as a basis for execution of law. For instance, to make a concrete example: It could be argued that based on the ethics and morality of the Nazis, that the mass murders committed under the Holocaust were in fact them morally disobeying those supra-national human rights laws. Who are you to say that the Nazi morality is wrong? You can't point to the agreed-upon supra-national human rights laws, because you are in fact arguing that law should be violated based on morality!
In fact, one of the ways to view law is as an encoding of the morality of the society it covers. Sometimes laws, being fixed entities, and society, being ever changing, drift apart over time. Same as software drifts from the requirements of business if not kept up to date. It usually takes an example like this German one to point out the absurdity, and if the law really is no longer part of the society's morality, becomes fairly easy for lawmakers to fix. (As a reminder, this law being invoked is very old -- from when Germany was a monarchy and insulting dictator kings was morally a very serious crime!)