Nanolaw with Daughter: a parable of a litigatory future

Paul Raven @ 01-06-2011

Via the indispensable TechDirt, here’s a short fictional excursion into the near future by Paul “Ftrain” Ford. If you’ve ever wondered whereabouts the rising tide of petty litigations – copyright breach buckshot, nebulous class-action suits, mass-target John Doe patent infringements, libel tourism, the list goes on – might beach us, Ford paints an all-too-believable picture of today’s tomorrow.

On a Sunday morning before her soccer practice, not long after my daughter’s tenth birthday, she and I sat down on the couch with our tablets and I taught her to respond to lawsuits on her own. I told her to read the first message.

“It says it’s in French,” she said. “Do I translate?”

“Does it have a purple flag on it?”

“No,” she said.

“You don’t actually have to worry about it unless it has a purple flag.”

She hesitated. “Can I read it?” she asked.

“If you want to read it go ahead.”

She switched the screen from French to English and read out the results: “’Notice from the Democratic Republic of Congo related to the actions of King Leopold II.’”

This was what I’d been avoiding. So much evil in the world and why did she need to know about all of it, at once? But for months she’d asked—begged—to answer her own suits. I’d told her to wait, to stop trying to grow up so fast, you’ll have your whole lifetime to get sued. Until finally she said: “When I’m ten? I can do it when I’m ten?” And I’d said, “sure, after you’re ten.” Somehow that had seemed far off. I had willed it to be far off.

“Honey,” I explained, “you’ll get a lot of those kinds. What happened is, a long time ago, the country Belgium took over this country Congo and killed a lot of people and made everyone slaves. The people who are descendants of those slaves, their government gave them the right to ask other people for damages.”

“I didn’t do anything. I thought you had to do something.”

Where do you start? Litigation-flow tariff policy? Post-colonial genocide reparations microsuits? Is there a book somewhere, Telling Your Daughter About Nanolaw?

“You know,” I asked, “how you have to be careful about giving away information?”

She did. We talk about that almost every day.

Go read it all; won’t take you ten minutes.

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