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Reflections on ten years of Code

May 6th, 2009  |  by jz  |  Published in Future of the Internet  |  3 Comments

Larry Lessig wrote the epic Code and Other Laws of Cyberspace ten years ago. Cato is marking the anniversary with a debate at Cato Unbound. Declan McCullagh’s lead essay is here. My response is here, and below.  

OK, enough with who doesn’t get what. The arguments over cyberlibertarianism sparked by the release of Code aren’t due to gaping ignorance or even dueling ideologies. They’re more about emphasis. It didn’t have to be that way: there’s a separate, straightforward anti-libertarian case that lots of people would want to make for increased government policing of the Internet because of the bad things that can and do take place on it. This week’s example is the “Craigslist killer,” who assaulted people he met through that site. In his wake, several U.S. state attorneys general are pressuring Craigslist to shut down its “erotic services” section. There are hundreds of others of examples, not least of which have been the various efforts by the music industry to shut down peer-to-peer technologies and sue users who share copyrighted songs without permission.

The debate between Larry and the libertarians is more subtle. Larry says: I’m with you on the aim – I want to maintain a free Internet, defined roughly as one in which bits can move between people without much scrutiny by the authorities or gatekeeping by private entities. Code’s argument was and is that this state of freedom isn’t self-perpetuating. Sooner or later government will wake up to the possibilities of regulation through code, and where it makes sense to regulate that way, we might give way – especially if it forestalls broader interventions. So, for example, Larry has favored government incentives to private bounty hunters to track down spammers. Declan’s been skeptical, but more because he thinks it won’t work very well. His preferred alternatives are technical measures and … suing spammers. Which, if it’s allowed, seems like another way of saying: a bounty awarded by the state to those who step forward with evidence against the bad guys.

So where do they differ the most? As Declan points out, Lessig sees value in having democratic political systems shape and ratify our technological choices, while the cyberlibertarian might just as soon let chance (which is to say, the market) take its course. On technologies that might allow people to bypass government regulation of content, Larry says (p. 309):

Of course, my view is that citizens of any democracy should have the freedom to choose what speech they consume. But I would prefer they earn that freedom by demanding it through democratic means than that a technological trick give it to them for free. … If a restriction on liberty is resented by a people, let the people mobilize to remove it.

My guess is that the cyberlibertarian figures the freedom to choose content is worth securing by any means available, and that such freedoms shouldn’t have to be “earned” on a regular basis – that’s what a Bill of Rights is for. But by de-emphasizing the role of government – either because it’s thought to be comparatively powerless on a global Internet (as John Perry Barlow’s stirring Declaration of the Independence of Cyberspace had it in 1996, and to which Code was in part a response) or because it’s thought to be poor at achieving one’s desired outcomes (as Declan’s opener here suggests) – we take on certain risks.

The first risk is that government won’t stay powerless. For example, Code raised the possibility of a “zoned” Internet, one where your location would greatly define what you can and can’t do. If you’re in China or one of dozens of other states, there are Web sites you can’t access – and increasingly the sites themselves are cooperating with such restrictions. Thailand blocks all of YouTube over videos that mock its king, and then to earn an unblocking, YouTube cooperates with the government to help prevent those videos from reaching Thai citizens – while still available to everyone else. That some people with enough technical skill and determination can evade these blocks doesn’t do much for the vast majority who shrug and move on to other, safer content.

The second risk is that abandonment of the political arena in favor of technical means to achieve liberty cedes too much. Larry is under few illusions about how easy it is for the voices of regular citizens to be heard even by democratic governments – this is the guy who announced he would shift his intellectual efforts away from cyberlaw and towards confronting the perfectly legal corruption that has broken our political system, where the flow of even modest amounts of money results in poor and even reckless policies. Here, too, though, the differences are smaller than they might appear, since, as Declan points out, cyberlibertarians are among the first to critique bad policy proposals. (That they may be inclined to think that all policy proposals are likely bad doesn’t have to matter.) But if skepticism slides to a confident disengagement, decisions emanating from the political arena have fewer checks on them, the public at large isn’t exposed to libertarian arguments, and the means of intervening in people’s activities can be through the very companies in whom Declan places his trust.

That’s where I worry about today’s emerging technology environment. It may feel free and diverse and responsive to consumers – I too love the iPhone and Kindle and cloud app platforms like that of Facebook. But these platforms are constructed to privilege their vendors in deciding what code will run on them. I think we can get locked into these platforms as we (rightly, unfortunately) fear the wildness of the open Internet and general purpose PC, and as we shift and accumulate more and more of our data and relationships there. After the markets coalesce to these tamer gated communities, governments can later come along and insist that these platforms be tuned towards surveillance and control, far more successfully than the wilder Internet that preceded them. Thus, as Declan once broke the story, cell phone mics
can be used as eavesdropping tools. Our car GPS systems can be made to quietly relay everything said in the car to the authorities. And the appliances we buy for our homes can be disabled at a distance if they’re later found to be contraband. This is the future of the Internet that I want to stop, and it’s small solace that geeks can avoid it for themselves if they can’t easily bring everyone else with them.

Market-driven firms that respond to consumer demand and democratic governments that respond to voters (and campaign contributions) are not the only way to reflect our aspirations. What has made the Internet special is that it is a civic technology. By “civic” I mean its success has depended on an astounding amount of goodwill and cooperation, phenomena not completely accounted for by markets and regulations. Routers help get data to its destination by sharing what they know about what’s nearby with other routers. If just one participant in this dance chooses to lie – as one Pakistani ISP did about YouTube’s address in an attempt to filter YouTube in that country – the entire system can unravel. In that case, YouTube ended up blocked around the world. What brought it back was not anything Google or YouTube did, but quick reaction by mid-level employees at ISPs who themselves informally share information about the Internet’s health on obscure lists like NANOG.

So, too, has Wikipedia succeeded as a civic technology: it has more editors cooperating to deal with vandalism and other problems than there are people (and bots) creating them. Moreover, Wikipedia licenses all its content so that anyone can walk away with a copy of the whole encyclopedia and start a competing one at any time. Those who see Wikipedia governance as corrupt can take everyone’s ball and start anew. These enterprises are not only made possible by civic arrangements among strangers, but they give hope that people can come together for civic purposes in realspace, at a time when our social fabric is fraying. I look to projects like the unlikely CouchSurfing, or the revival of hitchhiking through, yes, Craigslist (wisely called “ride sharing” instead), as ways in which technology can cultivate new social connections. As they become more popular, they will need to continually evolve civic defense tech and social practices to deal with the bad actors who inevitably show up. These practices aren’t exactly “market” since they don’t involve the exchange of cash – rather it’s the mutual reinforcement and implementation of goodwill.

In that sense, I get the limitations both of traditional regulation and of the classical firm-based market in producing some of the platforms we’ve come to hold dear, and in dealing with some of the problems that come up within them. That’s why I’m part of efforts to forge technologies that can help a critical mass of people contribute to some of the Net’s most pressing problems. Civic technologies seek to integrate a respect for individual freedom and action with the power of cooperation. Too often libertarians focus solely on personal freedoms rather than the serious responsibilities we can undertake together to help retain them, while others turn too soon to government regulation to preserve our values. I don’t think .gov and .com never work. I just think we too easily underestimate the possibilities of .org – the roles we can play as netizens rather than merely as voters or consumers.

–Jonathan Zittrain

Responses

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  1. Seth Finkelstein says:

    May 6th, 2009 at 12:32 pm (#)

    I understand why you deal with these mind-flayed dogmatists, so I’m not criticizing that _per se_. However, to the extent you try to win them over, I think there’s possible Unintended Consequences of seeming to validate their mental blocks.

    I can very easily imagine a Libertarian reading your piece, and thinking “Yes, exactly, Professor Zittrain shows why government is bad and can’t do anything, and the proper approach is Libertarianism, which is voluntary cooperation, and Wikipedia proves it, look at Jimmy Wales and Hayek etc etc …”

    That wouldn’t strike me as the right lesson to take away from _Code_+10.

  2. Karl K says:

    May 13th, 2009 at 7:54 pm (#)

    The very thing that can save the internet as discussed is what is powering this blog to begin with: WORDPRESS

    WordPress, BuddyPress, mu.wordpress.

    It could be (even more) revolutionary… and the salvation of the internet.

    Blog meets content management meets user management meets the world.

  3. Zittrain: reflections on 10 years of Code « take21 says:

    May 26th, 2009 at 10:52 am (#)

    [...] 26, 2009 via The Future of the Internet — And How to Stop It Larry Lessig wrote the epic Code and Other Laws of Cyberspace ten years ago. Cato is marking the [...]

Blog

  • Facebook’s ocean of names becomes a torrent
  • Nick Bilton over at the NYT Bits Blog has the story of Internet security consultant Ronald Bowes’s recent Facebook caper.  Ron noticed that Facebook has a directory of its users, just like the old Bell Telephone White Pages.  I agree with Ron’s assessment that this is a very little-noticed feature: normally one searches on Facebook not by looking at a directory, but rather by typing a name into a search box.  It’s in plain sight, though, at http://www.facebook.com/directory:

    There are two differences that jump out between this awe-inspiring alphabetical listing of all Facebook users and a dog-eared telephone directory.  First, Facebook’s directory has a staggering 171 million names in it.  Second, in good news for paper prices everywhere given the first difference, the directory is digital — it’s right there, online.  And if it’s online, it’s scrapable.  Ron, being of the inquisitive engineering sort who can’t help but push a button if he sees one, figured that supply creates demand, and went ahead and scraped the directory.

    That means he produced a file on his own hard drive containing more or less the directory’s main contents: for each person listed, a name, the person’s Facebook URL (what one types in to go directly to his or her entry), and unique Facebook ID (not a secret; this is part of a person’s Facebook url).  The resulting file is only a few gigs — amazing how cheap storage has become that so much can be roughly the side of an episode of House.  Ron then placed it online as a torrent — which means anyone can download the file, and voila, a snapshot of Facebook’s membership as of July 2010.

    So, is this a problem?  As I’m writing, news is only just breaking, so it’s like that moment when a toddler trips, falls, and then has to think about whether to cry or not.  “You’re OK!” is usually what the alert parent encouragingly says — and if the toddler buys it, it’s usually true.  In fact, even if the toddler doesn’t buy it, it’s still usually true.  In this case, I think I’m with the metaphorical parent.  The data that Ron grabbed is precisely what Facebook users have chosen (or perhaps more accurately, passively acquiesced) to share.  For those who lock their privacy settings to avoid having a public listing in a Facebook search, they’re not present here.  For those who have, they are — along with a click through to their respective Facebook pages however they’ve chosen to share them.

    Ron appears a little disquieted by it because of the prospect that the snapshot can live forever more.  If you remove your Facebook account or up your privacy settings, that will be reflected in real time in the Facebook directory and search (or at least it should be!).  But the torrent file exists forever — so one’s privacy choices are locked into that moment.  This is an artifact of having a service — Facebook — converted into a product — a Facebook database — the way that universities used to not just maintain online directories, but also publish bound volumes of their alumni with addresses, for those who opted in.  (In fact, many universities still do this; someone should tell them about saving the trees.)

    There’s some privacy hit there, but there are also benefits.  By making a public directory — and a scrapable one, no less — Facebook gets more inbound links and attention as its members become easier to find.  And we benefit by having Facebook’s subscribers’ public pages indexed by the likes of Google and Yahoo! search.  In fact, when searching on a person’s name in a regular search engine, quite commonly a Facebook entry is one of the top hits.  That seems to me a good thing, and once Google, Yahoo!, and Bing have it, why shouldn’t Ron and anyone else who wants it have it too?  Indeed, Ron already did some cool stuff with the data.  For example, he crunched it all and came up with a list of Facebook’s most commonly used first and last names, discovering “Michael” and “Smith” coming in at number 1 for each.  Congratulations, Michael Smith, you are hidden in plain sight, since a search for you turns up so many others at the same time!  (Not so much with “Jonathan Zittrain”…)

    Anyway, that’s generativity at work: Facebook makes available a directory on free and open terms, and people do stuff with it, some of which can surprise us.  There could be bad surprises, too — Ron and others hint at undesirable data mining — but I’m glad that the gates of Facebook’s gated community have some slats in them, rather than being a solid wall.  At most, it seems to highlight the desirability of getting the defaults right: Facebook shouldn’t have people automatically publicly sharing stuff they’d not normally share, without clear markers on what’s about to happen.  As Google would say, “Please read this carefully.   It’s not the usual yada yada.”

    Indeed.  There have been so many Facebook privacy mini-scandals that we’re primed for the next, and the involvement of a torrent file adds an element of seeming subversiveness to the mix, given the association of p2p with contraband material.  But sometimes when the boy cries wolf it’s just a shadow.  I count 8 Yadas in the Facebook directory.  And I, along with my cool musician brother Jeff Zittrain, fall in between Aron Zittra and Austin Zittrauer.  Until now, who knew?  Interesting — but not pitchfork worthy.  …JZ

  • Android kill switch activated & some links of the week
  • Control over tethered appliances basically comes in two forms: pre-approval of apps and kill switches. As this blog has documented, Apple has had a very heavy hand in screening apps, but — as far as we know — they haven’t ever used the iPhone kill switch. I was a little surprised to find that out, and I wonder why they haven’t used it. Maybe the screening process is keeping out malicious apps, and they’re content to let users keep apps that are merely in bad taste (although they remove them from the app store). Maybe the bad publicity from past kill switch uses — see Amazon and 1984 — has stayed their hand. Or maybe they have removed apps and it just hasn’t been publicized.

    Google has taken a different tack with Android: they’ve largely surrendered the power to pre-approve apps, because Android users can always download apps from third-party sources. But they too have a kill switch, and according to the Android developers’ blog post, they decided to use it a few weeks ago. (It’s not totally clear from the blog post, but it sounds like they’ve also used it before on clearly malicious apps.) An app that claimed to offer Twilight photos turned out to be a demonstration, done by researchers, of how easy it would be to create an app that would turn phones into a botnet. The app didn’t actually create the botnet (and it didn’t show Twilight photos, either, so most disappointed downloaders deleted it), and the researchers presented their work at the conference. Nonetheless, after they heard about it, the Android team decided to remotely delete remaining copies of the app as part of a “cleanup” process. Affected users received notifications.

    I can see why they wanted to do that. A report documenting Android vulnerabilities was recently released, and it’s caused some hand-wringing over Android’s security. There’s also no sense in leaving a loaded weapon laying around. And I’m glad they told both customers and everyone else that they’d deleted the apps. Still, I do worry about the removal of an app that isn’t actually harming any machines. More generally, I think that if Android is going to stick to the plan to not pre-screen apps and have an open system, they and we are going to have to think seriously — more seriously than Apple has had to — about the ethics of the kill switch. Questions like whether there should there ever be an opt-out, whether users should get refunds, and whether it should be used in cases other than damaging viruses are all still wide open.

    And a few quick links:

    Leaked MS Presentation Shows App Store Plans For Windows 8. Why all this thinking about app stores and kill switches matters: there are already plans to transfer the app store model from phones to PCs, where the arguments about the virtues and harms of contingent generativity have even more salience.

    Google’s mismanagement of the Android Market. Jon Lech Johansen thinks the lack of pre-screening is hurting Google and Android.

    Did Apple Flip the iOS Kill Switch on NDrive? Wait, has Apple already used the kill switch?

    New zombie code in effect by December. Here’s a totally different option for improving security: let users keep open PCs, but if they become infected, have their ISPs quarantine them or reduce their internet speed to a crawl. That way, users will have to get their computers fixed and can’t keep infecting others. Internet Industry Association CEO Peter Coroneos said of the plan: “I’m sure there are people around that resent having to put new tyres on their car when they’re unroadworthy, or have their breaks done . . . But the reality is that we have argued that internet users have a responsibility not only to themselves, but also to other users on the internet.” The code will be made available to Australian ISPs soon.

    One Brown Package: From Seattle to Norway. Why we love the internet in the first place: unexpected avenues for fun, creativity and kindness (here, in the form of people working to get a package from Seattle to Norway). They claim inspiration from JZ’s TED talk on the web on random acts of kindness.  The package is currently reported as missing.

    —By Elisabeth Oppenheimer

  • FOI Topics and Links of the Week
  • iPad security breach. Even closed systems can be vulnerable to exploitation.  A group of high-profile iPad owners, including President Obama’s Chief of Staff among 114,000 others, had their email addresses exposed by a web security group.  Although it was AT&T’s network that was compromised, Apple is shouldering much of the blame, since it denies iPad customers a choice of carriers and also requires an email address to activate the device.  AT&T patched the security hole, but not until after the script used to exploit it was shared with third parties.  The FBI is investigating.

    Facial recognition and next generation privacy. David Thompson gives an update on the progress of facial recognition software and its implications for privacy 2.0.  In addition to describing the revolution in surveillance capabilities that occurs when a person can be identified on any security camera feed or in any of the more than three billion photos on Flickr, he notes that Face.com released an API last month, allowing developers free access to its facial recognition technology and the green light to adapt it for new uses.  Here’s hoping the appropriate norms evolve in tandem.

    Defamation liability: please fwd. A bankruptcy court in Texas has ruled that forwarding an email link can be considered defamation.  The defendant in the case didn’t send a copy of the actual content, just a link to a website.  Neither had he written any of the defamatory content on the website.  It’s unlikely that the ruling will survive an appeal, since forwarding a link probably doesn’t amount to the required element of “publication” under a traditional interpretation of defamation law.  Still, it’s something to think about the next time there’s a link to a juicy tabloid story in your inbox.

    Shifting foundations of the App Store. Apple continues to indulge its discretion when it comes to approving iOS apps.  This time it pulled an app for being “widget-like,” despite approving three previous versions.  The frustrated developer asks “How can a company be prepared to invest into a platform that can change at any time?“

    It Gets Worse: Apple Censors a Gay Kiss in Oscar Wilde Comic. In another Apple censorship story, the company appeared to block out a kiss in a comic book because two men were doing the kissing. To be fair, it’s not entirely clear to me from the pictures in the article whether the same-sex kiss was the cause of the blackout, but the author claims that similar opposite-sex scenes have gone unchanged in other comic books. As he says, “the more examples I see of Apple’s capricious censoring, the less funny it is.”

    Steve Jobs at D8: Post-PC era is nigh. In the introduction of the book, JZ predicted that Steve Jobs, having launched the PC era, was about to usher it out. Now, Jobs says the same thing. According to him, “PCs are going to be like trucks … they are still going to be around,” but “one out of x people will need them.”

    TiVo’s ‘Big Win’ Over Dish On Patents Looking Less And Less Solid, As Patent Office Rejects Patent Claims. Update in the TiVo-EchoStar battle: we may never find out if EchoStar will actually have to remotely kill already-purchased DVRs, because the Federal Circuit is rehearing the original patent claims en banc.

    —By Jennifer Halbleib and Elisabeth Oppenheimer

  • The Internet’s Fort Knox Problem
  • A few weeks ago Internet security firm McAfee released an update to its Windows PC customers designed to protect them against a newly detected virus threat.  Instead, for some, the update destroyed a legitimate, and crucial, system file.  Uncountable numbers of PCs – likely hundreds of thousands, even millions – were rendered unusable.  The University of Michigan medical school lost the use of 8,000 of 25,000 PCs.  State troopers in Kentucky abandoned their cruisers’ mobile PCs and resorted to writing reports by hand.  Some hospitals in Rhode Island turned away non-trauma patients from their ERs.

    The issue is larger than one firm’s unfortunate misstep.  It echoes across the entire Internet.  Call it the Fort Knox problem.

    Fort Knox represents the ideal of security through centralization: gunships, tanks, and 30,000 soldiers surround a vault containing over $700 billion in American government gold.  It’s not a crazy idea for a nation’s bullion; after all, the sole goal is to convincingly hoard it.  But Fort Knox is an awful model for Internet security.

    Our IT environment has traditionally been immune from many Fort Knox issues, because its architecture has encouraged decentralization.  One PC might be compromised, or Web site might fall, but others stand.  Bad guys on one side of the spectrum, and well-intentioned regulators on the other, each had to sweat to have an impact on Internet activities.

    But the bad guys were clever and industrious.  Their digital robots came to costlessly crawl the Web looking for computers and sites to compromise, leveraging their reach.  Operators of well-financed Web sites have dealt with rising anxieties about security by spending enormous amounts of money on digital bunkers and backups for their data, while littler ones have hunkered down and simply hoped they wouldn’t be hit.

    The public sector has been confused about how to help.  Governments know how to maintain and defend their roads and waterways, but have been stymied in cyberspace: so much of it is rightly privatized that there’s no obvious place to station a guard and no way to fill a digital pothole.  Worse, since identifying those behind intentional attacks online is exquisitely difficult, the traditional state tools of deterrence and punishment are ineffective.

    That’s why we now see centralization under a few major corporate umbrellas under which disparate activities can be gathered.  The lures of security, interoperability and economies of scale have propelled much of the Web from a vibrant ecosystem of different, and differently managed, PCs and sites to one where a handful of private Fort Knoxes take responsibility for security.

    But we can’t simply put our precious data into a single well-protected vault and peek in every few years.  We need to guard our PCs and data, but we also need them to be part of a worldwide network.  When we’re not masking our digital trail, we’re eagerly sharing it.  If we try to centralize its protection, it’s not a one-time transaction: rather, we need a constant gatekeeper who signs our data in and out every time we want to make use of it.  That’s a thread that runs from the McAfee debacle, where millions of people and firms turned the keys to their computers over to a third party to handle, through to cloud-based platforms like Facebook, where the company’s assent is increasingly needed to run unrelated applications on its platform or to log in to unaffiliated Web sites that no longer care to maintain their own digital borders.

    If McAfee makes a mistake, many people pay at once.  If Facebook’s computers go down or are compromised, thousands of otherwise-independent applications and sites suddenly go down with it.  It’s not just our own data and transactions at risk, but our collective memory: the flip side of a centralized defense against bad guys is vulnerability to well-meaning good guys.  For example, if the generally laudable Google Books project is a spectacular success, we’ll see libraries give up their moldering, isolated archives of regular books in exchange for PC terminals where patrons can peer at an ephemeral digital copy drawn from Google’s central archive.  It makes sense – and no doubt Google has near-impregnable backups – but it’s also an opportunity for a government to intervene in worrisome ways.

    For example, if one book in the system contains copyright infringing, or defamatory, or obscene material, those aggrieved can get a court order requiring the infringing pages of the book to be deleted from the central server.  This vulnerability affects every book that is distributed and maintained through a centralized platform.  Anyone who does not own a physical copy of the book – and a means to search it to verify its integrity – will now lack access to that material.  By centralizing (and to be sure, making more efficient) the storage of content, we are building a world in which, as a practical matter, all copies of once-censored books like Candide, The Call of the Wild, and Ulysses could have been permanently destroyed at the time of the censoring, and could not be studied or enjoyed even after subsequent decision-makers lifted the ban.

    So what do we do?  We have two things going for us that the real Fort Knox doesn’t: we can make copies of our digital gold, and there are lots of us, each with our own stake in security and autonomy.

    First, so long as there aren’t undue barriers to extracting our own data from cloud platforms or our own PCs, backups can become more seamless, and made in a variety of ways, making a McAfee misstep or anything like it less costly.  Then we have our cake and eat it too.  The same principle applies to projects like Google Books, where participating libraries can arrange to securely maintain their own gold copies of Google’s precious trove – kept to compare against others’ copies, so omissions and changes can be detected and appropriately challenged, not leaving Google with the sole burden of holding off government speech regulation.

    Second, we need to reinvigorate the Internet’s principle of open, distributed architecture that has sparked so much growth and innovation.  Our choices for security aren’t simply among government soldiers, corporate mercenaries, or our own personal barricades – though each has a valuable role to play.  Rather, we can reinforce open, shared early warning systems to enumerate and deal with security threats, whether against PCs, Web sites, or Internet connectivity.  With a few technical tweaks, we can all further help relay data from Web sites that are under attack, stabilizing their presence.  Security shouldn’t have to be purchased like a personal bodyguard.  Far more flexible than Fort Knox are people, each with their own pocketed gold and machinery, empowered to look out for one another.

    A version of this appeared in the Financial Times on June 3rd, 2010.

  • FOI Topics and Links
  • Google launches Government Requests tool. Google is now making public information on the requests it receives from government agents to remove content from its search results or reveal private user data. The Government Requests tool currently displays the number and type of requests by country for the last six months of 2009. In a bit of irony, last week Google disclosed that it had accidentally collected fragments of private user information over unencrypted Wi-Fi networks during drive-by data collection for Google Maps.

    Communicating with the e-book mothership. If the latest must-read on Kindle is dotted with typos or has a few pages missing, there’s a good chance Amazon offers a patch to correct the error. It’s a handy Internet-enabled functionality, although one can imagine at the extreme authors continuing to update their work ad infinitum, making it impossible for a reader to say he or she has read an e-book since content is always subject to change. Information flows in the other direction on the Kindle superhighway too, as Amazon apparently keeps track of what readers are highlighting. There’s some creep factor in Amazon knowing what ideas Kindle readers think are important, even if the most highlighted passages are in works as deep as The Lost Symbol. But the information is also so interesting.

    The remote control. In April, Sony quietly revised the End User License Agreement that came with the latest PS3 firmware update to allow the company to change how an owner’s console operates in whatever way it wants, no notice or permission required. Now the FCC, at the request of the MPAA, has given cable and satellite providers the right to remotely disable output connections on consumers’ set-top boxes, leading consumers to ask “What did I buy?”

    Curated Computing is the new name in town for the experience provided by the tablet non-PC. This particular term is meant to accentuate the “less choice, more relevance” aspects of that experience. It rolls off the tongue more smoothly than “contingently generative” and sounds less regressive than an “appliance,” but it connotes somewhat life aboard the Axiom. However, its proponents suggest that curated computing devices are meant to exist alongside and supplement traditional PCs. Let’s call that a worthy goal and the best of both worlds.

    iPhone pillow talk with Steve Jobs. A ValleyWag reporter last week exchanged late-night emails with a defiant Steve Jobs on the iPhone’s ability to give people “freedom from” data theft, battery hogs, and porn. The emails speak for themselves, giving a little insight into Jobs’ perspective on the benefits and aims of the iPhone. He gets a little snarky at the end, but then again it’s 2am when he’s responding, and he never has a chance to clarify his comments, unlike the Gawker reporter.

    Android outsells iPhone. During the first quarter of 2010, phones with the Android OS grabbed 28% of the U.S. market share, surpassing iPhone’s 21% (RIM’s Blackberry is still at the top with 36%).  Although Android benefited from Verizon’s buy-one-phone-get-one-free promotion and iPhone continues to lead worldwide, it appears Google is getting closer in Apple’s rearview mirror.

    McAfee prevents computers from booting up in new virus-protection strategy. Centralizing security software in a few big providers concentrates expertise to solve problems, while also meaning that there are only a few–albeit strong–security systems the bad guys need to breach in order to wreak widespread havoc.  But in a previously under-appreciated risk, a flawed update of widely-used antivirus software can cut out the middleman and accomplish the same havoc directly.  A McAfee software update mistakenly identified a critical file as a virus and quarantined it, causing computers around the world, many of which automatically install updates, to repeatedly attempt to boot up.  One source estimated that 800,000 PCs were affected.

    Taking [re-]generativity seriously. A Connecticut mayor donated her kidney to a Facebook friend last month after seeing his desperate status update.  The patient’s doctor had suggested that he try publicizing his need through social media, using an online connection to a forge a real-world bond.

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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