Jun
10
This is the sixth part of the series “Legal or Illegal”. Please read that article first if you want understand the base of these arguments.
I have faced some serious flake from the people while suggesting that in a free society blackmailing anyone would not be a crime. Yes that’s true and no catches attached here.
Yeah that means if someone has your nude pictures, and they demand money for not publishing them you cannot complain it to police. Blackmailing comes under the right of free speech.
Now before you cry out loud, you gotta objectively see what is happening in a blackmail. A person owns his mind and his body. He thereby owns what is there in his brain, that is, information. You cannot claim on something which is there in his mind, that is information, because that would be owning someone’s body like a slave.
Then, the person who is blackmailing another person, is merely asking for a voluntary trade for keeping silence for not publishing the information he possess, (which could also be in the form of an objectionable picture), in exchange for money.
Lemme warn you, the trade he is asking for, is purely voluntary, he is asking for something HE owns, or a service he could provide you, in exchange for money. You are totally free to not to have that trade. This is very different from a kidnapper who has kidnapped your relative or a friend, or your property and demanding money. A kidnapper does not own what he is offering, if its a person then nobody can own another human being, if its your property, well then he has no right to ask money for it.
On the other hand, a blackmail is done for your OWN property. The information could be about you. But you cannot claim the information to be yours. The blackmailer could be making profit with that information, in case if you choose not to pay his silence, and even that would be totally justified because its nothing you own that he is selling.
Now the question comes, and I get a lot of negative reaction from my female friends, what if some stalker takes their naked pictures and threatens to publish them online, unless they sleep with the guy. Well first of all, if you are susceptible under the fear of the pictures going online, that means you don’t want them to be public. Although you CAN go to police right now complaining of a blackmail and he will be arrested, you are simply suggesting for the rest of the stalkers out there that they instead of offering a trade to the person involved merely go and make the pictures public.
Lemme tell you, posting objectionable pictures of someone is not a crime and is considered pornography today, the only part of the crime is when the person tries to make profit out of it, or tries to blackmail you. So overall this only suggest people to go ahead and make those pictures public available freely as the only legal action, anything else will be a crime.
There is one more thing, in such a free society, the possession of such private pictures, or their blackmail or their sale will not be a 
crime in itself, but this doesn’t mean there can not be any defense. First of all, how did the blackmailer took those pictures? Did he enter your house while you were taking bath? Well there is a trespassing and those pictures are more incriminating to the blackmailer than to blackmailee. But lets say he didn’t really enter your property, but used zoom lenses or helicopters to take your pictures. Well in that case there is no crime, because there is no violation of property rights.
However, since we don’t want perverts to keep on snapping nude pictures of our wives and sisters with sophesticated technology, insurance companies will offer insurance against blackmail. They will supply and install secure one way mirrors in your house, they will take all the logistical measures to reduce your risk of being exposed, and increase their profit.
So if you have girls in your house, then you might as well take such an insurance, why burden a person whom nobody is going to be interested in blackmailing.
And yeah one more thing, about Insurances, since it would be the freest market there, your gf’s parent might take an insurance against her, for not ending up pregnent, that means the insurance company will ensure her safety when she goes on a date with you. Or maybe you should take such insurance so that you don’t have to pay child support.
Objective Perspective: Blackmail is merely an offer of trade. Its money in exchange for silence. If offer is accepted, then blackmailer will keep his silence, if his offer is rejected the blackmailer will use his rights of free speech and speak the secret out to everyone. If the price of blackmail is less than the secret is worth then the blackmailed person will pay the blackmailer because now he is better off than before. But if the blackmailer asks for much more money than the secret is worth, say the girl you hooked up with last night demands 2 million dollars or she will tell everyone that you are not good performer, well if your total worth is 2 million dollars then there is no point in ceding to blackmail.
Because blackmailing is illegal so today the contracts regarding blackmails cannot be enforced. Say you paid someone some money today for keeping a secret about your marriage, but if the person still proceeds to publicise the information then you cannot sue him, but if blackmaling is not a crime then you can sue that person for damages he caused by revealing your secret and taking money from you.
Pre-empting arguments:
- Chaos! Legalizing blackmail will create chaos everywhere - I am sorry but this is a de facto argument given to whatever I suggest. It comes basically because of what psychologist describe as “Fear of the unknown”. If you think legalizing prostitution will create chaos in the society, well then think again because according to psychologists you are saying that because you are unable to envision such a scenario.
- Wait until I take nude pictures of your sister and force her to sleep with me - Well don’t worry, my insurance company will buy you out. I am sure between having $500,000 and my sister you would rather go with the former, and if you still choose the latter, then go ahead and print them because if you care about her that much, you won’t publish them.
- What if someone kills somebody and he pays off a witness - You are right, that is now legal, but only the payment part, the perjury part is still not legal.
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1,658 views8 Responses to “Legal or Illegal : Blackmail”
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Freesoul Says:
June 11th, 2008 at 5:55 pmObviously When you are notready to accept importance of intellect and conscious, its not at all expected from you that you will understand the Individual’s will to either to allow or not to allow someone to use him/her pictures or videos or recordings or body to any commercial purpose.
And by the way, the idea you gave about someone taking a girls pictures and threatening her to use them for commercial purpose, In a free society, if someone even uses a girls picture for any commercial means (including pornography) without her consent and prior information, she will demand proper charges as a model or actress for that photo/video etc. and she should get it.
its nothing but breakage of Freedom. A try to enslave free-individul under savage system.
arun kumar Says:
June 11th, 2008 at 7:55 pmi read all your parts in this edition..everyone of them was intriguing n very much true…but i cant jus accept with this..
in all the other things u reasoned for earlier….both the consumer n the trader were happy n better off after the trade…but i dont think the consumer will be to much happy here in blackmailing..
what if the milkman takes compromising pics of the baker’s wife n blackmails him to give bread….the milkman will be happy..but not the baker…cos he wont be getting any milk in return..but jus the photographs which he gonna destroy…
and..
“On the other hand, a blackmail is done for your OWN property. The information could be about you. But you cannot claim the information to be yours. The blackmailer could be making profit with that information, in case if you choose not to pay his silence, and even that would be totally justified because its nothing you own that he is selling.”
.the buyer buys the photograph or CD not because its jus a photograph(which the trader owns) but for the content in it…(which belongs to the person being blackmailed)…
i know that blackmailer wont be liable of any law breaking in a n ideal society…but..in that case many people may consider this as a job…career…seriously…blackmailing..??
i dunno whether i have expressed clearly in words about whats in my mind…but….jus an opinion..
renegade_division Says:
June 11th, 2008 at 9:51 pm@Arun Kumar
Why not? The consumer’s secret is not revealed. See the problem with most of the kitten butchering arguments is, that people don’t realize that even today slaughtering kittens and making clothes out of them IS NOT ILLEGAL! If I have nude pictures of your sister, which I got them through public means(say she was standing nude on the public property, or she let me take those pictures for some reasons, maybe because we were dating back then) today I cannot be arrested if I just go out and publish them on a porn site. Yes its true I cannot be punished if I merely publish them online, or make money out of them. I have checked American laws. In India, I donno the law that well, butI know that if the pics qualify for publishing then there is no crime. Similarly, if I know you killed someone, or have pictures of you committing a crime, today in American and Indian law I can go out, and publish that piece of information without committing a crime. I know you find it appalling, but that’s because you are not looking at things objectively. BUT, the crime is, ONLY when I demand money from you for not printing it. Isn’t it much better if I don’t print the pictures for a certain amount of money from you? You are claiming that you are not better off with this blackmail deal? Well the other option is, I never ask you for money, but directly go and print the pics in paper and websites, would you rather have that? Are you better off printing those pics on net, or not printing those pictures? Of course you are best off with not printing those pictures and NOT paying any money, but that’s not the option. You must understand, if I have some secret on you, I won’t be committing a crime if I never ask you money and directly open your secret to everyone.
renegade_division Says:
June 11th, 2008 at 10:16 pm@Arun Said
Yeah you are right, but you see there are two types of people blackmailed: 1) Actual criminals: Murderers, Rapists, thieves, embezzlers etc 2) Innocent people involved in activities against the morals of the society: Homosexuals, Sado-masochists, sexual perverts, adulterers etc The first group has actually committed a crime, and blackmailers make their crime pay less. Blackmail also acts as a deterrent, adds to the risk of the crime. How many of the anonymous tips received by the police can be traced back to a failed blackmail? How many criminals try to commit a crime on their own, fearing blackmail from their fellow criminal(crime committed alone has less chances of succeeding or being on a larger scale). Today the biggest fear in the minds of people is that even after they pay the blackmailer, he might still out them, or keep on asking for more money even when he said last time that there won’t be any more demands. Well if the blackmail is legalized, then you can actually negotiate with the blackmailer, ask him to be in contracts and if he violates them, you can sue him for large sums of money. This would act as even bigger of a deterrent on the actual crime. Professional Blackmailers also increase the penalty of the crime and the certainty of being caught. They are as much of a deterrent as policemen and vigilant citizens. Second group hasn’t committed an aggression, but its the society’s conscience which is forcing them pay the money. Also blackmailing has liberating effect on individuals, and society as in whole. Take for example those acts which are not aggression but are technically crime in India, Homosexuality. Individual members who are blackmailed cannot be considered to be benefited a lot, but overall blackmail helps the whole group into more acceptance in the society. Forcefully outing homosexuals may not be a service, but overall it increases the overall acceptance in the society. Adultery is not illegal(though illegal in India but soon going to be legal as it does no involves aggression), but still blackmailing deters individuals into not cheat on their spouse.If someone has pictures of you going to a hotel room with another woman, either you are never going to cheat for the rest of your life, or going to get out of this marriage you don’t want at the first place. And at the end, blackmailers are warriors with swords of truth in their hand, nobody uses truth more efficiently as blackmailers, how can you call a guy who threatens to speak truth a criminal?
renegade_division Says:
June 11th, 2008 at 10:30 pm@Freesoul said
That would be demanding a posteriori agreement, I hardly think any court would accept it like that.
Although she could demand compensation, but then she will have to show damages. And truth is, there are no damages here. If there are no damages here, there cannot be a compensation for the damages.
The point is simple, you don’t own information in someone else’s mind or on his property. Property rights cannot be extended in other people’s heads because that would be a violation of their property rights. If the mere act of taking your pictures results you physically diminished then there is a theft here, but that does not happens.
Also you cannot claim that your reputation was ruined, we cannot extend property rights in terms of reputation, that would have disastrous consequences. Reputation is something in the minds of the people, you cannot own what’s in the minds of the people because their body is their property.
So what if people have started to think that you are a *****, if you are allowed to seek damages on the grounds that your reputation was ruined, tomorrow I might sue a whorehouse on the grounds that because they came in my neighborhood the property value of my land has dropped.
Not only that, if you are a television manufacturer, and sell each TV for $100, and I come in the market and launch my own television which is better and cheaper, this causes the market price of your TV to drop significantly, then you might sue me for causing damages to your reputation. How would you stop it if seeking damages on the grounds of reputation damages is allowed.
Freesoul Says:
June 11th, 2008 at 10:52 pmyou are idiot if you think you can use anyone without his/her consent for your comercial purpose and he won’t object it too.
if court don’t have any such law till now, it will make it then.
and there is no question of blackmail or reputation.
question of using someone without his/her consent.
its violation of freedom violation of individual liberty and is wrong.
Freesoul Says:
June 11th, 2008 at 10:54 pmand stop singing songs of reputation damage.
the question is using someone elses reputation for your commercial advertizing purpose.
Can you use any models/actress/actors/players picture without any endorsement for branding advertising your product?
No, it won’t be legal because it would be using/applying someone without his consent.
same is case here. its simply wrong.
The Art of the Possible » Blog Archive » Why Ought Blackmail be Illegal? Says:
November 14th, 2008 at 2:58 am[…] blogger at this site (and I think the site is of the anarcho-capitalist flavor of libertarianism) argues that it should […]