Monthly Archives: August 2011

A year ago, I pushed private bounty-based law enforcement:

For each type of crime, we’d set a bounty amount to be paid to anyone who successfully convinced a court that a particular in-custody person had committed that sort of crime. We’d have to decide what investigative powers to grant bounty hunters, what regulations to impose on them, and what plea-bargains to allow. We’d also have to set rules on when to detain suspects, and how to prevent double jeopardy. (Options below.) We might want especially solid anti-trust regulations.

Since I’ve talked about blackmail lately, I should mention that legalizing blackmail would create an especially cheap and flexible system of private law enforcement. If an associate of a criminal discovered evidence of their crime, this associate could via blackmail extract close to the cash equivalent of the punishment to the criminal. While this might modestly lower the level of punishment of a caught criminal, it should greatly increase the probability of punishment, leading to more expected punishment of crime. And relative to public police, blackmailers should have much lower costs to investigate crime and implement punishment.

The main academic complaints (e.g., here, here) against blackmail as private enforcement of law are complaints against the very idea of private enforcement of law. It would be just terrible, they say, if criminals got punished without everyone being officially informed. Law enforcers in general face temptations to obtain evidence illegally, and to treat the rich and poor differently, and they face possible violent retaliation from criminals – and we all just know, they say, that public police better deal with these problems. Some also fear that adding private enforcement onto an optimal public enforcement would create too much deterrence, not realizing that one could compensate by reducing public penalties and enforcement.

One unmentioned possible cost of blackmail is a weakening of the bonds that tie people together. You’ll be less open to people who could blackmail you. This is a cost of all law enforcement – you will, for example, be less open with someone who could testify against you in court. For this reason (supposedly), the law today privileges certain relationships, such as spouses, doctors, clergy, reporters, and researchers, against having to testify in court. Reasoning similarly, one could prohibit blackmail within specific relationships.

But as such privileges make it harder to protect the rest of us from their law breaking, it seems to me that they should have to pay us to gain this privilege, unless it is clear that their relation produces more than enough compensating benefits to us. One way to pay would be by sharing some responsibility for their crimes.

The distortion that I’d worry about most is that blackmail as private law enforcement creates an added incentive to associate with potential criminals and ne’er-do-wells, in order to later blackmail them. The cost of this distortion probably doesn’t outweigh the benefits of much cheaper enforcement, however.

Sticks and stones may my bones, but words will never hurt me. Old saying, that few believe.

A perverse man stirs up dissension, and a gossip separates close friends. (Proverbs 16:28)

They were filled with all manner of unrighteousness, evil, covetousness, malice. They are full of envy, murder, strife, deceit, maliciousness. They are gossips, slanderers, haters of God, insolent, haughty, boastful, … (Romans 1:29,30)

Law, first and foremost, keeps the peace. Sometimes people have big complaints about others, complaints so big that they are tempted to do something big about them. In such cases it can be very nice to have a law step in and declare who is right. If many accept the law’s resolution, peace may be preserved.

Gossip is dangerous. This has long been known, as the bible quotes above indicate. People can be greatly harmed by others talking about them, so sometimes gossip leads to very big complaints. Through most of the history of formal law, dangerous gossip was dealt with simply: law banned saying bad things about others. Of course this rule wasn’t always or even usually enforced – it was expensive to make a legal complaint. And there were various conditions and exceptions. But the basic idea was simple: keep people from hurting each other.

Our modern Western world thinks differently. We idealize conversation, and letting people say what they think. So we no longer have law punish people for saying bad things about each other, especially true things. We instead tell folks to tough it, that true mean words don’t excuse violent retaliation. Sometimes we see people hurt others greatly, out of malice, and we refuse to stop them. We sacrifice such victims on the altar of our respect for conversation.

Of course there are good things to say about gossip. By freely sharing info, we might aggregate it, and all learn the sum of what we all know. For example, we might learn to identify people who are mean or uncooperative, helping us to avoid them, and giving them stronger incentives to cooperate. While such social pressure to please aren’t always good, they seem good on average.

Blackmail is basically a threat of gossip; “if you don’t pay, I’ll gossip.” So almost all the things people don’t like about blackmail are things they don’t like about gossip. Someone could, out of selfish motives, say something that hurts someone else. If you don’t like this scenario, it is mainly something you don’t like about a freedom to gossip.

Yes, in addition to harmful gossip, blackmail can also involve money, and a threat. But money-inspired threats happen anytime parties haggle over a price, and few folks get worked up over that. If people are free to buy or not buy, and to sell or not sell, why not let them make threats about the price they’ll accept? Similarly, if people are free to gossip or not gossip as they prefer, why not let them haggle over the price of their gossip?

Yes, some prices are seen by many as unfair or immoral. Many don’t think the price of water or gas should rise in a crisis, and think the cash price of sex, babies, and organs should always be zero. But the arguments folks give for those cases don’t apply well to gossip — why exactly should the cash price of gossip always be zero?

Now a world that allows blackmail about gossip, i.e., haggling over the price of gossip, isn’t exactly the same as a world with only gossip. Legal blackmail should increase the incentives to discover embarrassing info, and thus the expected penalties from embarrassing actions. But these are mostly just stronger versions of the effects of gossip without blackmail, and they are effects we think we mostly like about gossip.

If we don’t want to discourage certain embarrassing actions, then why allow gossip about them? We could extend our privacy laws, and declare some topics off limits to casual conversation. But for topics where we do want conversation, because it is on average good to discourage people from doing embarrassing things, why not also allow blackmail?