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Controlling Cyberspace

January 27th, 2012  |  by Kendra Albert  |  Published in Future of the Internet  |  8 Comments

This semester, we’re starting an exciting new class, aimed not at lawyers, but undergraduate CS students here at Harvard. It’s called CS42: Controlling Cyberspace – and we’re sharing the syllabus online.  Anything big we’re missing?

Description:

Why does the Internet environment exist in the form it does today? What does its future, and the future of online life in general, look like? To what extent is this future malleable? Governments, corporate intermediaries, and hackers are empowered to different degrees by the space, and their interests and strengths are often in tension. This class uses academic as well as non-traditional texts to engender a broader understanding of Internet culture and technology, with an end focus on making informed choices about the future.

A Note about Reading:

The reading for this class will be anywhere between 30-100 pages per session. It will probably be helpful to read the selections in the order they appear in the syllabus, as some of the texts assume knowledge provided by the ones before them. Of course, inclusion of something in the syllabus should not be taken as an endorsement of its position or author. People are still wrong on the Internet.

Readings are subject to change. Material not available publicly online will be posted to the course iSite.

Class 1: Monday, January 30th: The Internet’s Past

  • Internet History
    • John Perry Barlow. “A Declaration of the Independence of Cyberspace.”
    • Johnny Ryan. “The Essence of the Net from A History of the Internet and the Digital Future.” Ars Technica.
  • Who needs Cyberlaw?
    • Lawrence Lessig. “The Law of the Horse.” Harvard Law Review. 

Class 2: Monday, February 6th: Whatever Happened to Jurisdiction?

  • Dow Jones v. Gutnick
    • Jonathan Zittrain. Jurisdiction. pages 4-9, 47-54
    • Felicity Barringer. “Internet Makes Dow Jones Open to Suit in Australia.” The New York Times.
  • MegaUpload
    • MegaUpload Indictment. Pp. 1-65.
    • Nate Anderson. “Explainer: How can the US seize a ‘Hong Kong site’ like Megaupload?” Ars Technica.

Class 3: Monday, February 13th: Copyright and Free Speech

  • Copyright
    • Terry Fisher. Copyright for Librarians. Module 1 + Module 7.
  • Cancel-bots and Early Internet Speech
    • Skim: Wikipedia article on Scientology and the Internet.
    • Alan Prendergast. “Hunting Rabbits, Serving Spam: The Net Under Siege.”
  • The Power of the Cease and Desist
    • Peruse: Chilling Effects.
    • Yochai Benkler. The Wealth of Networks. Pp. 225-233.
    • Kim Zetter. “Diebold Loses Key Copyright Case.” Wired. 
    • Cease and Desist Demand, Trevor Eckhart.
    • Andy Greenberg. Carrier IQ: A Case Study in the Streisand Effect Squared. Forbes. 

Class 4: Thursday, February 23rd : Representing Ourselves Online

  • Avatars
    • Neal Stephenson. Snow Crash, (New York: Bantam Books, 1992), 35-44.
    • Nicolas Ducheneaut, Ming-Hui “Don” Wen, Nicholas Yee, Greg Wadley. “Body and Mind: A Study of Avatar Personalization in Three Virtual Worlds.” CHI 2009. (Intro, Discussion, Conclusion)
    • “City of Copies: Marvel. Vs. NC Soft.”
    • Memorandum of Points and Authorities of Amici Curiae Legal and Cultural Studies Scholars in Support of Defendants’ Motion for Summary Judgment. Electronic Frontier Foundation. 
  • Social Networks
    • Sherry Turkle. Alone Together. 181-199.
    • “What Happens When you Deactivate Your Facebook Account.” ReadWriteWeb.
    • Tim Carmody. “You Are Not Your Name and Photo: A Call to Reimagine Identity.“ Wired.

Class 5: Monday, February 27th: Defamation, Civility and Attribution

  • The Wikipedia Biography Controversy and Section 230
    • Legal Guide for Bloggers- Section 230 Protections. Electronic Frontier Foundation.
    • Wikipedia Biography Controversy. Wikipedia.
    • Reliability of Wikipedia, False Biographical Information. Wikipedia. 
  • Anonyminity and Pseudonymity
    • Green Blackboards (And Other Anomalies). PennyArcade. WARNING: Language NSFW.
    • Rachel Cooke and Aleks Krotoski. “Should Internet commentators use their real names?” Comment is free.
    • Kee Hinkley. “On Pseudonymity, Privacy and Responsibility on Google+.” TechnoSocial. Published July 27th, 2011. Pgs. 1-16 (No longer available online, will distribute PDF.)
  • Attribution
    • Aaron E. Kornblum. “Searching for John Doe: Finding Spammers and Phishers.”
    • David D. Clark, Susan Landau. “Untangling Attribution.”

Class 6: Monday, March 5th: Generativity

  • Theories of Generativity
    • Jonathan Zittrain. “Protecting the Internet Without Wrecking It.” Boston Review.
    • Read one of the responses: Bruce M. Owen, Richard Stallman, Susan Crawford, David D. Clark, Roger A. Grimes, and Hal Varian. http://bostonreview.net/BR33.2/ndf_internet.php
    • James Grimmelmann. “Applications and Applicances: A Conversation with Jonathan Zittrain.” The Laboratorium.
  • What about Content?
    • Brad Stone. “Amazon Erases Orwell Books from Kindle.” The New York Times.
    • Mark Frauenfelder. “Bezos apologizes for Kindle 1984 memory hole blunder.” BoingBoing.
    • Brian X. Chen. “iPad Apps Could Put Apple in Charge of the News.” Wired. 
  • Bootloaders
    • Jon Brodkin. “The Right to dual-boot: Linux groups plead case prior to Windows 8 launch.” Ars Technica.
    • Peter Bright. “Windows 8’s locked bootloaders: much ado about nothing, or the end of the world as we know it?” Ars Technica. 
    • Ed Bott. “Linux won’t be locked out of Windows 8 PCs, but FUD continues.” ZDNet.

Class 7: Monday, March 19th: DRM and Circumvention

  • The Playing Field
    • Fred Von Lohmann. “Unintended Consequences: Twelve Years under the DMCA.” Electronic Frontier Foundation.
    • Mark Stefik. “Trusted Systems.” Scientific American. March, 1997.
    • Decan McCullagah. “New Copyright Bill Heading to DC.” Wired.
  • A Whole New World
    • Adam Marcus. “3D Printing: The Future is Here.”  The Technology Liberation Front.
    • “It Will Be Awesome If They Don’t Screw It Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology.” Public Knowledge. 
    • “Gang Used 3D Printers for ATM Skimmers.” Krebs on Security. 
    • Nick Bilton. “Disruptions: The 3-D Printing Free-for-all.” The New York Times. 

Class 8: Monday, March 26th: Crowdsourcing: Threat or Menace?

  • Threat
    • Ernest Cline. Ready Player One. (New York: Crown, 2011), 1-36.
    • John C. Tang, Manuel Cebrian, Nicklaus A. Giacobe, Hyun-Woo Kim, Taemie Kim, and Douglas “Beaker” Wickert. “Reflecting on the DARPA Red Balloon Challenge,” Communications of the ACM 54 (4). (2011).
    • Jonathan Zittrain. COG. Publication forthcoming. 1-5.
  • Menace
    • Brian Caulfield. “Turkish Delight.” Forbes.com.
    • “Internet Eyes, Fighting Crime from Home: Transcript.” On the Media.
    • Skim: “Ask HN: Are Freelancer sites (e.g. Odesk, Elance) useless?” Hacker News. 

Class 9: Monday, April 2nd: Gamification is…

  • The Devil
    • Jesse Schell. “Design Outside the Box” DICE 2010. (Video Presentation) G4 TV.
    • “What’s the Point of Steam Achievements Anyway?”
    • Critical Distance.
  • The Answer to Society’s Problems
    • The Cures of Cow Clicker: How a Cheeky Satire Became a Videogame Hit. Wired.
    • The Future is A Grind. Post-Hype.
    • Jane McGonigal. Reality is Broken. pgs. 53-79.
  • Funny
    • Peter Bright. “Microsoft keeps it old-schools with a pricey text adventure game, Visual Studio 2010.” Ars Technica. 

Class 10: Monday, April 9th: Regulation, Governance and The Internet’s Future

  • Short Term
    • Eliza Krigman. “Next battle over Net ramps up worldwide.” Politico.
    • Julian Sanchez. “Internet Regulation & the Economics of Piracy.” Cato@Liberty. http://www.cato-at-liberty.org/internet-regulation-the-economics-of-piracy/
    • Ian Shapira. “Obama administration joins critics of US nonprofit group that oversees Internet.” The Washington Post. 
  • Medium Term
    • Charles Stross. “USENIX 2011 Keynote: Network Security in the Medium Term, 2061 – 2561 AD.” Charlie’s Diary. 

Responses

Feed
  1. Matt says:

    January 27th, 2012 at 3:35 pm (#)

    National Security Angle:

    Obama’s 2009 speech: http://www.whitehouse.gov/the-press-office/remarks-president-securing-our-nations-cyber-infrastructure

    DDSEC Lynn: http://www.defense.gov/speeches/speech.aspx?speechid=1422

    White House, International Strategy for Cyberspace: http://www.whitehouse.gov/sites/default/files/rss_viewer/international_strategy_for_cyberspace.pdf

    More DoD (DDSEC Lynn Speeches always recommended): http://www.defense.gov/home/features/2010/0410_cybersec/

  2. Seth Finkelstein says:

    January 27th, 2012 at 4:59 pm (#)

    The “Defamation, Civility and Attribution” readings are rather bland. Perhaps something about the AutoAdmit case or the Ripoff Report site would make the issues starker.

    For “DRM and Circumvention”, undergraduate CS students should definitely read something about the CS people who’ve run afoul of this – Ed Felten being the obvious choice, or the Xbox case, or other security conference presentations.

  3. Seth Finkelstein says:

    January 27th, 2012 at 5:30 pm (#)

    Come to think of it, Dmitry Sklyarov is an even better circumvention case, he was actually arrested and in jail for a while (“this could be you“).

    https://www.eff.org/cases/us-v-elcomsoft-sklyarov

    Also, the Computer Fraud and Abuse Act and the Aaron Swartz / JSTOR case deserves a mention, if you’re “allowed”.

  4. Jonathan Keim says:

    January 27th, 2012 at 7:17 pm (#)

    For Internet History, “Who Controls the Internet?” by Jack Goldsmith and Tim Wu.

  5. James says:

    January 28th, 2012 at 9:33 am (#)

    The better source for “Applications and Appliances” is Freedom to Tinker: https://freedom-to-tinker.com/blog/jgrimmelmann/applications-and-appliances-conversation-jonathan-zittrain, which has the complete conversation.

  6. infopolitics » Blog Archive » Zittrain’s syllabus on “Controlling Cyberspace” says:

    January 31st, 2012 at 10:15 am (#)

    [...] Zittrain has a history of teaching interesting classes on the internet. Here’s another, syllabus shared under Creative Commons and put here for my [...]

  7. Kendra Albert says:

    January 31st, 2012 at 10:29 am (#)

    Thank you for all the helpful comments, everyone! James – we’ll update the syllabus to include the Freedom to Tinker link rather than the current one.

  8. Kristin Cherry says:

    February 2nd, 2012 at 6:59 pm (#)

    In class 5 and/or 10, you might also cover the government’s National Strategy for Trusted Identities in Cyberspace — that is, the introduction of “strong identity”: introduce the initiative, and update on current status.
    http://www.whitehouse.gov/sites/default/files/rss_viewer/NSTICstrategy_041511.pdf

    http://www.webpronews.com/googles-open-web-advocate-talks-white-house-web-id-plan-2011-01

    http://www.fastcompany.com/1715659/national-identity-cyberspace-why-we-shouldnt-freak-out-about-nstic

    http://seofighter.net/nstic-google-seo.html

    Somewhat related to this is the e-SIGN legislation passed last decade, as well as other efforts at securing and/or certifying entities/people, files/documents, and websites. Part of that is Internet-related, and part is reflective of the need to adapt to information being primarily stored digitally instead of physically (on paper, disk, etc.).

    An addition to Class 5 on anonymity: the pursuit of “forgetting”:
    Jeffrey Rosen, New York Times, “The Web Means the End of Forgetting”: http://www.nytimes.com/2010/07/25/magazine/25privacy-t2.html
    http://allthingsd.com/20120131/with-burn-note-self-destructing-emails-vanish-after-theyve-been-read/

Blog

  • The Future of the Internet: Five Years Later
  • In 2008, The Future of the Internet called attention to a “sea change” in the way consumer devices interact with the Internet. “The future is not one of generative PCs attached to a generative network,” the book warns; “it is instead one of sterile appliances tethered to a network of control.” In response to the security threats posed by malicious third-party code, increasing numbers of users will likely gravitate towards gadgets “tethered” by continuous communication between product and vendor. And this proliferation of tethered computing—the “appliancization” of PCs—will deal a serious blow to the principles of generativity and free expression that drove the early Internet.

    Since the publication of The Future of the Internet, the ethos of strict appliancization has taken a new turn. In 2011, Professor Zittrain wrote an update on the book’s message: “at the time of the book’s drafting, the alternatives seemed stark: the “sterile” iPhone that ran only Apple’s software on the one hand, and the chaotic PC that ran anything ending in .exe on the other. The iPhone’s openness to outside code beginning in ’08 changed all that. It became what I call “contingently generative” — it runs outside code after approval (and then until it doesn’t).” This trend towards contingently generative models continues into the present day, and represents a shift similar in many respects to the one The Future of the Internet predicted.

    Jon Brodkin and Peter Bright’s Ars Technica op-ed on the Microsoft Metro app store offers some valuable commentary on a big development in this “sea change.” The article recognizes that “Microsoft is imitating Apple in one very bad way, by limiting the distribution of Metro applications to a Microsoft-controlled app store… by bringing Windows to tablets, Microsoft could strike a blow for openness in a market dominated by a closed system. Instead, Microsoft is bringing the same restrictions found on iPads to both Windows tablets and PCs.” As forecasted by The Future of the Internet, devices that only run approved code are gaining popularity. Metro, the curated user interface that has found its way onto Microsoft’s tablets and PCs (in the case of the PCs, alongside a fully-functional desktop mode capable of side-loading non-Windows Store applications), won’t run applications from outside the Windows Store. Moreover, the apps available through the Store are subject to a bevy of restrictions on content. With these restrictions on installable applications come the restrictions on generativity that The Future of the Internet anticipated: “lock down the device, and network censorship and control can be extraordinarily reinforced.” And, as the Ars Technica piece observes, the Windows Store’s rules would exclude critically-acclaimed content like the video game Elder Scrolls: Skyrim, simply for its PEGI 18/ESRB M rating. It isn’t hard to extrapolate, as Brodkin and Bright do, that these rules could give rise to debacles similar to Apple’s (repealed) ban of a satire app developed by a Pulitzer Prize winner.

    Though the Windows Store’s restrictions resemble Apple’s policies in many ways, there is a crucial difference: Metro-running Windows 8 products are designed as PC replacements, rather than sui generis devices like the iPad. And since Windows desktops have long been preferred gaming platforms, the theoretical exclusion of content like Skyrim from the Windows Store makes Windows 8’s emphasis on the Metro interface particularly jarring.

    With Metro, Microsoft has made a decisive move towards contingent generativity. Brodkin and Bright note that “there are security benefits to a closed app store model, particularly for less tech-savvy users who may not understand all the dangers on the Web. There are also, arguably, convenience benefits; end-users can be reasonably confident that the apps they download will work correctly and be at least marginally useful…But while these security and convenience benefits might be enough to justify the existence of a curated app store, they don’t justify the decision to make that store the only option for all users. Informed users should be allowed to install applications from wherever they want.” Brodkin and Bright prefer a system like Gatekeeper, a fixture in newer versions of Apple’s OS X, from Mountain Lion forward. Gatekeeper gives users the choice to restrict their operating system to App Store apps and outside apps that have been signed with Apple-issued Developer IDs, or open up the device to all programs, whether or not they’ve been vetted by Apple. The “Future of the Internet” Blog is fairly enthusiastic about Gatekeeper: about a year ago, a post here suggested that “the middle ground of allowing non-App Store signed code may represent the best of both worlds.” But we were quick to warn that Gatekeeper strikes a tenuous balance: “one small tweak — lose that Control-click for sideloading — and OS X could fully merge with iOS, both in functionality and in security methods.” Metro’s riff on content control could be just that sort of tweak—especially given recent speculation that Microsoft may dump desktop mode in Windows 9, leaving only Metro.

    Moreover, a contingently generative business model like the Windows Store’s carries some ethical implications that, while not damning, are certainly worth examining. Distribution systems like the Windows Store, Apple’s App Store, and the Android Market receive 30% of the sales revenue from applications sold in their stores (in the Windows Store, this cut drops to 20% after an app reaches $25,000 USD in revenue). Further restrictions on side-loading in new operating systems would drive a great deal of business towards big companies’ proprietary marketplaces—and with that traffic would come big payouts. With the uptick in store traffic that tighter gatekeeping would engender, it’s easy to imagine the equilibrium of Mac’s OS X Gatekeeper being forsaken for more restrictive, and more lucrative, operating systems. To analogize, a la The Future of the Internet: when the company that makes your computer requires you to install programs through their official store, it isn’t so different from the company that makes your toaster forcing you to buy from their bakery—and taking a cut out of every bread purchase you make.

    Even though Windows 8 PC users can still make use of a fully-functioning desktop operating system, Microsoft’s failure to include a side-loading option for the heavily-emphasized Metro interface—particularly in devices marketed as PC replacements—is a step in the wrong direction. It’s also an indication that the seas are changing in the way The Future of the Internet predicted. Given that Android’s more open approach to outside applications[1] still leaves the Android Market increasingly economically viable, Ars Technica is right to voice its disappointment in xenophobic operating systems like iOS and Metro.

    - Ben Sobel, Kendra Albert, and JZ

    [1] Though the Google Play approach to openness is far from perfect! Ad-Blocking apps were recently pulled from the Play Store, in a move that will come to illustrate just how viable it is to distribute a side-loaded Android app without any help from the Play Store.

  • Rock star RA wanted
  • I’m seeking a full-time one-year rock star research associate to engage with a variety of projects and classes, with a broad opportunity to immerse in cyberlaw and Internet topics.   Blurb below, with more information on how to apply at <http://cyber.law.harvard.edu/getinvolved/jzra>.  …JZ

    –

    Professor Jonathan Zittrain of Harvard Law School, the Harvard Kennedy School of Government, the Harvard School of Engineering and Applied Sciences, and the Berkman Center for Internet & Society, seeks a full-time research associate in Cambridge, MA for a period of one year, beginning no sooner than June 1, 2013.

    This position requires the ability to absorb large amounts of written and other media materials from various sources (including but not restricted to: original sources, scholarly articles, news articles/blogs, interviews, databases) in a short amount of time, critically analyze that material and render it forward. This could take the form of prep materials for panels, conferences and presentations; article outlines; fact checking materials; original article or paper drafts; slide decks or other digested forms. The research assistant should be prepared to help prepare materials for class sessions and syllabi, lead discussions and work with project managers to accomplish research-related goals.

    Research is often self-directed with little outside guidance beyond broad outlines and themes (though occasional targeted research assignment for a specific fact or image can be expected, and feedback is provided), so the ability to quickly critically appraise sources and identify interesting, relevant and original paths is essential. Wide-ranging interests and the ability to work on almost any issue or topic that arises is a plus, as is an ability to ramp up quickly on unfamiliar fields or topic areas. Excellent writing and editorial skills with an attention to detail are also required.

    This job is an ideal opportunity for those interested in future graduate school or law school studies, whether currently admitted or still applying to such programs.

    Over the course of the year, a motivated individual will sharpen and focus his or her research agenda and make valuable contributions (in his or her own name) to the field of cyberlaw and beyond, while being exposed to interesting thinkers in academia, industry, and government. A research associate in this position will work very closely with Professor Jonathan Zittrain and his team, assisting in a variety of research areas, e.g. ubiquitous human computing, mesh networking, and cybersecurity, as well as on topics around access to knowledge and open scholarly publishing under the auspices of the Harvard Law School Library.

    The position will not start before June 1, 2013.  As with all Berkman staff positions, this is a term position, ending June 30, 2014.

  • F-T: Don’t sue over tweets
  • I just published a short piece in the F-T in the wake of legal threats against users who tweeted or retweeted a link to a BBC report of child abuse that turned out to be wrong.  Here’s the full text –

    Those who didn’t see the false child abuse accusations against Lord Alistair McAlpine on an ill-considered BBC documentary may have instead heard about them through social media. This week, London’s Metropolitan Police suggested they might file charges against those Twitter users who sullied the reputation of the retired Conservative politician by knowingly repeating the lie that he was a child abuser. But the police may be less fearsome to the average BBC-linking tweeter than Lord McAlpine himself. Read more »

  • Taking More than Candy from a Baby
  • Update – 10/17/2012: The parties involved in the lawsuit – Speak for Yourself and SCS/PRC reached a settlement, allowing the app to remain in the Android and iOS app stores. More at the Nieder family blog.

    Original Post:

    Generativity hasn’t had a poster child — until now.

    Meet Maya, a four-year-old child who could lose her ability to speak with the elimination of an app from the iOS App Store.

    As detailed in the Nieder family’s original blog post on the subject, Maya uses Speak for Yourself (SfY), an iPad app that serves as an “augmentative and alternative communication” (AAC) device. Before finding SfY, Maya had tried multiple AAC devices, but hadn’t found one that worked for her. Read more »

  • “Unabomber manifesto tied to tech news headlines”
  • When you see the headline “Powerful ‘Flame’ cyberweapon tied to popular Angry Birds game,” does it cause you to think that there is actually some connnection between the recently discovered malware Flame and Angry Birds? That would be entirely reasonable, but wrong. Read more »

About Jonathan Zittrain

jonathan zittrain

Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School

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