Read it at Salon
Two lessons from the Megaupload seizure
by Glenn Greenwald
(h/t Kevin Fathi via email)
(1) It’s wildly under-appreciated how unrestrained is the Government’s power to do what it wants, and how little effect these debates over various proposed laws have on that power.
(2) The U.S. really is a society that simply no longer believes in due process: once the defining feature of American freedom that is now scorned as some sort of fringe, radical, academic doctrine. That is not hyperbole.Here's the crux of it:
...what distinguishes a tyrannical society from a free one is whether the government is first required to prove guilt in a fair, adversarial proceeding. This is a precept Americans were once taught about why their country was superior, was reflexively understood, and was enshrined as the core political principle: “no person shall be deprived of life, liberty, or property, without due process of law.” It’s simply not a principle that is believed in any longer, and therefore is not remotely observed.It is simply not possible to have free enterprise in a tyrannical society. The US is kneecapping itself. Eventually this leads to powerful interests taking down competition politically, thereby stifling innovation.
Joseph Schumpeter saw the risk to capitalism as late-stage capitalism stifling innovation.