Epistemic Status: Surprisingly controversial
Response to: Why Blackmail Should Be Illegal (Marginal Revolution), Should Blackmail Be Legal? (David Henderson), Checkmate on Blackmail (Robin Hanson)
I notice I am confused.
Smart people are failing to provide strong arguments for why blackmail should be illegal. Robin Hanson is explicitly arguing it should be legal. He is correct that Tyler Cowen’s recent justifications of making blackmail illegal are relative weak sauce, but then states that he has reached ‘checkmate’ – that there are no reasonable consequentialist arguments against blackmail.
In his post Charity Blackmail, he lists what he says are the justifications actually made for blackmail, and it’s quite a weak list as well.
In those twenty papers, roughly a quarter of the authors think blackmail should be legal. Others offered a wide range of arguments for illegality. Robin summarized the arguments made by the papers as making only the following mix of good and bad points:
1. Your right to keep quiet is weaker than your right to speak.
2. It is stupid to pay a blackmailer; stupidity should be illegal.
3. A blackmailer’s motives, in wanting money, are immoral.
4. Saying embarrassing things about someone hurts them.
5. It is especially wrong to gain money by hurting someone.
6. The blackmailer uses third parties, without their permission, to extract gains.
7. Blackmail discourages embarrassing activities, but some things just can’t be changed.
8. Blackmailers may commit crimes to get the info, as may victims to get money.
9. Rules forbidding or requiring the telling of certain info might be good, but are less “practical” than blackmail laws.
10. If blackmail is impossible, people will instead gossip, and gossip will result in more folks knowing, and discourage embarrassing activities more.
11. Government law can optimally discourage an activity via optimal punishment and rates of detection and error. Blackmail is an out of control private law, and will get these things wrong by detecting and punishing too often.
So you see why I am confused.
Asking why blackmail should be illegal is a good idea. We need to understand what makes blackmail different from other things we might make illegal – not everything that we dislike should be illegal. Net harmful shouldn’t imply illegal. Blackmail is a place for a thought experiment, to understand why it is on that side of the line.
Note the framing. Not “should blackmail be legal?” but rather “why should blackmail be illegal?” Thinking for five seconds (or minutes) about a hypothetical legal-blackmail society should point to obviously dystopian results. This is not a subtle. One could write the young adult novel, but what would even be the point.
Of course, that is not an argument. Not evidence.
If we’re all really being this dense, it’s time for better analysis of why blackmail is bad.
Fine. Here we go.