The Myth of the Superuser: Fear, Risk, and Harm Online
The Myth of the Superuser: Fear, Risk, and Harm Online ∗ Paul Ohm Fear of the powerful computer user, the “Superuser,” dominates debates about online conflict. He is a mythic figure: difficult to find, immune to technological constraints, and aware of legal loopholes. Policymakers, fearful of his power, too often overreact by passing overbroad, ambiguous laws intended to ensnare the Superuser but which are instead used against inculpable, ordinary users. This response is unwarranted because the Superuser is often a marginal figure whose power has been greatly exaggerated. The exaggerated focus on the Superuser reveals a pathological characteristic of the study of power, crime, and security online, which springs from a widely held fear of the Internet. Building on the social science fear literature, this Article challenges the conventional wisdom and ∗ Associate Professor of Law and Telecommunications, University of Colorado Law School. Thanks to Tim Wu, Orin Kerr, Phil Weiser, Julie Cohen, Pierre Schlag, Brett Frischmann, Victor Fleischer, Miranda Fleischer, Viva Moffat, and Jean Camp for their helpful comments. Thanks also for suggestions and support from participants in the University of Colorado Law School Faculty Workshop, including Clare Huntington, Nestor Davidson, Scott Peppett, Mimi Wesson, Amy Schmitz, Sarah Krakoff, and Brad Bernthal; the Intellectual Property Scholars Conference; and the Telecommunications Policy Research Conference. Thanks also to Todd Blair and Michael Beylkin for outstanding research assistance. 1327 1328 University of California, Davis [Vol. 41:1327 standard assumptions about the role of experts. Unlike dispassionate experts in other fields, computer experts are as susceptible as laypeople to exaggerate the power of the Superuser.
[Show full text]