A group of hackers supported by a foreign power have stolen vast amounts of data from your servers and are distributing it at will in a continual stream of embarassment. Then the group threatens massive terrorist attacks against theaters that show a film your company produced. What do you do?
I know what everyone says Sony Pictures should be doing right now. They claim that Sony should stand up for free speech and refuse to be intimidated by foreign powers with an inability to take criticism. They claim that America just lost its first cyberwar. But they all seem to forget one simple thing: Sony is not a country. It’s not a government agency. It is a business. And in America businesses already walk around with a target on their foreheads–not from terrorists, though that’s also something most large corporations need to consider, but from a litigious society that stands ready to ruin anyone who makes a mistake.
It’s easy to tell Sony what they should be doing when it’s not you who will be hauled into court and forced to cough up millions of dollars. That’s what would happen if, in spite of the warnings, Sony went ahead and released the movie in question only to have a major terrorist incident. What are they supposed to do, have everyone coming to the theater to watch that or other movies sign release forms? Are they supposed to tell the families of the victims, “Sorry, but your loved one just sacrificed their life to stand up for our company’s right to free expression”? Didn’t we just recently go through several massive political cycles proving we’re not all on the same page on whether companies have a right to express political will? No matter how big a proponent you are of free speech, chances are any jury called would hold Sony responsible for deaths resulting from the movie being aired.
Sony has enough problems right now. They have to think of their employees and their own safety and financial security while they continue to endure long-term humiliation at the hands of cyberterrorists. And now they’ve also been forced to weigh public safety against their own profits. Freedom of speech is a noble, lofty goal, but you know full well the moment something goes wrong the critics will discredit the “defender of freedoms” angle and focus with laser-like intensity on the “blood for profits” angle.
It would be one thing if the government were to step in and defend Sony, offering full protection in the form of boots on the ground to protect theaters and legal support to exempt Sony from liability. But our current government was willing to let an individual video-maker take the blame for a terrorist attack on our embassy rather than stand up for his rights to free expression. This government is not big on freedom of speech, and they’re even less excited about corporations–even those who contribute to their campaigns–when they cause inconvenience and difficulty for them. There is no reason to suspect the government would not look for the first opportunity to throw Sony under the bus to protect themselves.
True, the terrorist threat is not all that credible. While the group in question clearly has resources, there has been nothing so far to suggest they have the physical resources and assets needed to carry out a large-scale terrorist attack. There’s probably a 90% chance that the threat is all bluff.
But that also means there’s a 10% chance Sony Pictures ceases to exist as a company after a horrible loss of life and a long, painful, humiliating public bludgeoning. The cost of failure is large enough that they’d be stupid to ignore it. They’re a business. It’s their job to weigh the risks and potential gains of every project they consider. This (and every movie, really) movie was already financially risky enough without any foreign extortion involved. There’s a good chance it would have flopped on its own. There comes a time when cutting losses is a viable option.
I’m not sure I would have made a different call. Why should a company have to go where governments fear to tread?
Now indications are that North Korea is behind the group that hacked Sony. No matter how backward we may think them, they are just crazy enough to try something, and have sufficient resources to succeed. Is Sony being too easily frightened? I don’t think so. North Korea has been itching for a way to bloody the United States’ nose for some time, and terrorist actions seem to bear surprisingly diminishing reperscussions these days, especially against America who, at least in geo-political politics, tends to blame the victim.
What is a company, bound by rules and laws, supposed to do against a country bound by nothing? The moment terrorist activity was threatened this really was out of Sony’s hands. They made the only move they could really afford to make and still act responsibly for their employees and stockholders–though I’d be surprised if this earns them any reprieve from North Korea. I expect to see terrorist attacks against Sony assets and personnel anyhow. That’s how bullies and terrorists work.
But no, we should stop blaming Sony for not standing up for free speech. This really is the time for the US Government to step up. I’m not known as a fan of “government solutions”, but this is a clear-cut case of why we have governments. It’s their job to stand up for freedom of speech and to protect citizens who just want to see a movie and companies who want to make them. It’s their job to push back and make it clear that North Korea is risking terrible repercussions should someone so much as get mugged outside a theater showing that movie. We have a foreign power attempting to interfere with our businesses and threatening the lives of our citizens. This should not stand.
Sony did the right thing. Time for the US Government to earn the taxes it gets from Sony.
Update: Meanwhile George Clooney makes some interesting points, especially pointing out how the events in the whole Sony hack helped prepare the battlespace.
Update: And now the hackers are thanking Sony, though it sounds more like a continued threat.
Update: In an “Onion-esque” vein, Kim Jong-Un will be hosting next year’s Oscars… At least I think this is parody. It’s getting harder to tell these days.
yeah, what he said.