Freedom of silence vs. freedom of speech: technology, law and information security

Freedom of silence, not having to listen to unwanted speech, is a much less debated and less well understood concept than freedom of speech. While both of these freedoms are important, there is a natural tension between them. Society must find the proper balance between such opposing forces. Technological progress has greatly enhanced the freedom of speech, and less so the freedom of silence. With this tilted balance, the implications of freedom of silence on information security are more and more apparent: computer crimes are increasingly using misleading speech, for example phishing emails and denial of service. This paper explores the implications of the freedom of silence, and evaluates technological and legal solutions. Technology-supported speech can more readily be contained by appropriate defending technologies than by legal means.