Hacktivismo, a computer hacking group that is backed by 'The Cult of the Dead Cow,' will reportedly distribute an "enhanced source" software license this week that will legally prohibit any users of its license from censoring or spying on other users. Known as Hacktivismo Enhanced-Source Software License Agreement (HESSLA), the software license agreement reportedly requires anyone using source code released under HESSLA to respect the privacy, freedom of expression, right to due process, and other basic human rights of others. HESSLA takes direct aim at governments that are using software firewalls or blocking tools to restrict its citizens' access to Internet information and to comment online about that information (or lack of information).

According to the founder of Hactivismo, Oxblood Ruffin, "The Hacktivismo Enhanced-Source Software License Agreement marks the first time technology transfer has been linked to protecting human rights. Our clients and end-users aren't building the firewalls to keep democracy out. They're locked inside trying to break free." HESSLA's license provisions legally enable both Hacktivismo and its end-users to go to court if the software is manipulated in a malicious manner, or if anyone tries to introduce harmful changes into the software. HESSLA also legally prohibits anyone from introducing "spy ware, surveillance technology, or other undesirable code into modified versions of HESSLA-licensed programs." Additionally, the license prohibits use of the software by any government with a history or policy of violating basic human rights.

While the Hacktivismo license language has been written with the best of intentions, it is overly broad in some places, i.e., it bans any monitoring of individuals by governments, individuals or corporations (what about network monitoring utilities that are installed?) and bans filtering of any type of expression (do we really need or want to receive spam?) and while it may contain legally enforceable provisions, those provisions may be neither feasibly possible nor physically possible to enforce outside the United States. HESSLA further requires that disputes arising thereunder with a foreign country will require that foreign government to relinquish its "sovereign immunity" as a government entity and agree to jurisdiction in the U.S. Federal District Courts. That last point is not likely to happen.

Still, this legal declaration by Hacktivismo of the use of its software license and the political responsibilities expected of its users are to be applauded. These folks have put in writing their legal position against infringement by any entity on the rights of law-abiding users of the Internet. The former 1960's vocal defender of freedom of expression and creator of wacky acronyms, Jerry Rubin, is no longer with us. Some of the postulating in broad strokes of HESSLA, and the "do it" attitude of kicking butt first and taking names later is pleasantly reminiscent of those old days. Jerry, wherever you are, your spirit lives on. We know you're smiling.