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I'm not sure I see it to be so clear cut. I agree with Omidyar on this point: As social structures and spaces move online, protest should be able to meaningfully exist in these new spaces. If not, we risk extracting tools that are critical to a free society. I am not saying that DoS with a botnet ought to be legal, but the degree of its illegality is a very important matter. Our internet is largely defined by private institutions with incredible power, power that often exceeds that of states. The DoS might seem asymmetric, but so is the effect of PayPal deciding not to transact Wikileak donations.As a society, our notions of free speech and protest must evolve since much of the public sphere is now online.