And they plan to show what that newly coined term means in an online
protest on May 10, on behalf of embattled Indian rebels in Mexico.
On that
day they will try to rally supporters around the world to temporarily
disrupt -- but not destroy -- a
still-to-be-determined Web site in Mexico or elsewhere in North America
supportive of the policies of the Mexican government.
"A cyber-terrorist acts anonymously and destructively a great deal of
the
time," said Dominguez, 39, a soft-spoken New York-based political activist,
artist and computer technician. "But electronic civil disobedience,
like
its [real-world] antecedents, is
about putting yourself on the line in a nonviolent way."
And unlike a classic act of real-word protest, for which students might
perform a sit-in in front of a local consulate or in the office of
a
university president, the nature of the Internet allows for "a virtual
sit-in on a mass, global level," Dominguez said.
Wray, a 37-year old graduate student at New York University who hosts
a
personal Web site devoted to the theory of electronic civil disobedience,
added: "Why should we be anonymous? Obviously, we don't believe we
are
doing anything wrong."
Dominguez and Wray, who have known each other for several years, are
both
active in
Internet-based organizations that support the Zapatista rebels in Mexico.
Since the uprising of the mainly Indian guerrillas of the Zapatista
National Liberation Army in 1994, Web-based human rights and progressive
organizations around the world have networked with each other and the
rebels to trade information on the tense situation in the Mexican state
of
Chiapas. The groups have also sent e-mails and faxes to Mexican officials
to protest Mexican government policy.
But this traditional form of Web-based grass-roots organizing and
informational exchange is taking a sharp turn into the future.
Last January, for example, a group of political activists from Italy,
called the Anonymous Digital Coalition, posted a message in the Zapatista
networks calling for a virtual sit-in at one of five Mexican sites
on
January 29, from 4 to 5 p.m., Greenwich Mean Time. The announcement
suggested that "all netsurfers with ideals of justice" connect their
browsers to one of the selected sites at the appointed time and manually
hit the "reload" button every few seconds for the hour.
For Dominguez, who, among other things, works as editor of The Thing,
a
small ISP based in New York, and who has also written on the subject
of
"infowar" and electronic civil disobedience, the posting from Italy
came as
revelation. He decided that, along with some other artists and computer
technicians, he would take the virtual sit-in tactic one step further.
Dominguez and two colleagues, including Brett Stalbaum, an artist and
programmer based in San Jose, quickly designed a Web site called Flood
Net,
which automates the process of the virtual sit-in.
The way it works is simple: a Web surfer connects to Flood Net, which
appears on the Internet only at an appointed time, so as to avoid
detection. Flood Net automatically connects the surfer to a pre-selected
Web site, and the software automatically hits the selected site's reload
button every seven seconds. If thousands of surfers connect with Flood
Net
during a particular day, themass of activists could disrupt the operations
of the particular site.
In an early test of their system, Dominguez and Wray posted messages
in the
Zapatista networks in early April, calling for colleagues to link to
Flood
Net on April 10. The target that day was the Web site of President
Ernesto
Zedillo of Mexico. According to Dominguez, 8,141 surfers around the
world
connected to Flood Net that day, which resulted in some slowing down
and
interruption of the Zedillo site. Dominguez added that a computer from
Mexico tried to hack into Flood Net and disable its program, but was
unsuccessful.
A spokesperson for the Mexican Embassy in Washington, D.C., acknowledged
that there was a protest action aimed at government Web sites on April
10.
Although there was some disturbance, "there wasn't much negative impact,"
the spokesperson said.
On May 10, Mother's Day, Dominguez and Wray expect to roll out Flood
Net
for another spin. They say the targeted site, which will be selected
at the
last moment, could be in Mexico or elsewhere in North America. Dominguez
said the targeted site would be selected for its symbolic value. "We're
not
out to interfere with a site that has valuable data," he said.
Dominguez added that he expects several Flood Net "mirror sites" to
crop up
on May 10 -- ensuring some measure of security from possible counter-action.
Recently, at the spare West Side offices of The Thing, Dominguez and
Wray
talked about their views of electronic civil disobedience. Dominguez,
a
former actor, has a low, deep voice and speaks in measured tones. Wray,
who
sports a mandatory graduate student beard, was more casual.
Both conceded that the tactics of the virtual sit-in would not directly
force the Mexican government to change its policies. But that is not
the
point, they said. Rather, the protest tactic is designed to create
a form
of electronic theater that indirectly increases solidarity among activists
and propagates a political message to "other layers" of the Internet.
The pair also acknowledged that their tactic is not universally condoned
by
their colleagues. One human rights group in Mexico, they said, recently
posted a message objecting to the April invasion of Mexican cyberspace
and
questioned whether the electronic sit-in would invite retaliation.
For
these reasons, the friends said, they will consider targeting a site
in the
United States on May 10.
They do not think they are breaking any law. And even if they were,
Dominguez said, the risks are inherent in the practice of civil disobedience.
"Sometimes if you sit in front of an office, they will say you are
trespassing," he said. "The question is, whose law is more important
-- the
law of human rights or the local law of trespassing."
Mark D. Rasch, an Internet consultant and former head of the Justice
Department's efforts to prosecute computer crime, said in an interview
that
participants in electronic sit-ins run a risk of violating a federal
law,
18 U.S.C., section 1030 (a)(5)(A). That statute, he said, makes it
a crime
to intentionally distribute a program, software code or command with
the
intent to cause damage to another's Web site.
"These guys are at risk," said Rasch, referring to Dominguez and Wray
and
their colleagues. "It may be an electronic sit-in, but people get arrested
at sit-ins," he said.
David Ronfeldt, a senior social scientist at the Rand Corporation, a
think
tank
in Santa Monica, Calif., is an expert on information age conflicts.
He thinks
electronic civil disobedience as practiced by Dominguez and Wray is
not
benign.
"I see it somewhere between a digital sit-in and 'cybotage,' " he said.
"They are trying to crash Web pages and servers. It's aggressive."
Ronfeldt, who said he has visited Wray's personal Web site, and who
sent
Wray an e-mail
congratulating him on his theoretical essays, predicted that electronic
civil disobedience will become a more common tool for political activists
in the near future.
"Conflict in the information age will be more about disruption than
destruction," Ronfeldt said. "And much of the disruption will be symbolic."
CYBER LAW JOURNAL is published weekly, on Fridays. Click here for a
list of
links
to other columns in the series.
Carl S. Kaplan at kaplanc@nytimes.com welcomes your comments and suggestions.