I say this is a small claim because, while it is important, it is the sort of point that one recognizes as obvious even if one didn’t see it originally. More than obvious, the point should be pedestrian. We see it in lots of contexts. Think, for example, of the post office. When I was growing up, the Post Office was a haven for anonymous speech. The job of the Post Office was simply to deliver packages. Like Net95, it didn’t worry about who a piece of mail was from, or what was in the envelope or package. There was no enforced requirement that you register before you send a letter. There was no enforced requirement that the letter have a return address or that the return address be correct. If you were careful to avoid fingerprints, you could use this government subsidized facility to send perfectly anonymous messages.
Obviously, the Post Office could be architected differently. The service could require, for example, a return address. It could require that you verify that the return address was correct (for example, by checking your ID before it accepted a package). It could even require inspection before it shipped a particular package or envelope. All of these changes in the procedures for the post would produce a world in which mail was more easily monitored and tracked. The government makes that choice when it designs the Post Office as it does. If monitoring becomes important, the government can change the system to facilitate it. If not, they can leave the postal system as it (largely) is. But if it does change the system to make monitoring more simple, that will reflect changes in values that inform the design of that network.
The claim of this book is that there are sufficient interests to move the Net95 from a default of anonymity to a default of identification. But nothing I’ve said yet shows how. What would get us from the relatively unregulable libertarian Net to a highly regulable Net of control?
This is the question for the balance of Part I. I move in two steps. In Chapter 4, my claim is that even without the government’s help, we will see the Net move to an architecture of control. In Chapter 5, I sketch how government might help. The trends promise a highly regulable Net — not the libertarian’s utopia, not the Net your father (or more likely your daughter or son) knew, but a Net whose essence is the character of control.
An Internet, in other words, that flips the Internet as it was.
Chapter 4. Architectures Of Control
The Invisible Man doesn’t fear the state. He knows his nature puts him beyond its reach (unless he gets stupid, and of course, he always gets stupid). His story is the key to a general lesson: If you can’t know who someone is, or where he is, or what he’s doing, you can’t regulate him. His behavior is as he wants it to be. There’s little the state can do to change it.
So too with the original Internet: Everyone was an invisible man. As cyberspace was originally architected, there was no simple way to know who someone was, where he was, or what he was doing. As the Internet was originally architected, then, there was no simple way to regulate behavior there.
The aim of the last chapter, however, was to add a small but important point to this obvious idea: Whatever cyberspace was, there’s no reason it has to stay this way. The “nature” of the Internet is not God’s will. Its nature is simply the product of its design. That design could be different. The Net could be designed to reveal who someone is, where they are, and what they’re doing. And if it were so designed, then the Net could become, as I will argue throughout this part, the most regulable space that man has ever known.
In this chapter, I describe the changes that could — and are — pushing the Net from the unregulable space it was, to the perfectly regulable space it could be. These changes are not being architected by government. They are instead being demanded by users and deployed by commerce. They are not the product of some 1984- inspired conspiracy; they are the consequence of changes made for purely pragmatic, commercial ends.
This obviously doesn’t make these changes bad or good. My purpose just now is not normative, but descriptive. We should understand where we are going, and why, before we ask whether this is where, or who, we want to be.
The history of the future of the Internet was written in Germany in January 1995. German law regulated porn. In Bavaria, it regulated porn heavily. CompuServe made (a moderate amount of, through USENET,) porn available to its users. CompuServe was serving Bavaria’s citizens. Bavaria told CompuServe to remove the porn from its servers, or its executives would be punished.
CompuServe at first objected that there was nothing it could do — save removing the porn from every server, everywhere in the world. That didn’t trouble the Germans much, but it did trouble CompuServe. So in January 1995, CompuServe announced a technical fix: Rather than blocking access to the USENET newsgroups that the Bavarians had complained about for all members of CompuServe, CompuServe had devised a technology to filter content on a country-by-country basis.[1]
To make that fix work, CompuServe had to begin to reckon who a user was, what they were doing, and where they were doing it. Technology could give them access to the data that needed reckoning. And with that shift, the future was set. An obvious response to a problem of regulability would begin to repeat itself.
CompuServe, of course, was not the Internet. But its response suggests the pattern that the Internet will follow. In this Chapter, I map just how the Internet can effectively be made to run (in this respect at least) like CompuServe.
To regulate, the state needs a way to know the who, in “Who did what, where?” To see how the Net will show the state “who”, we need to think a bit more carefully about how “identification” works in general, and how it might work on the Internet.
Identity and Authentication: Real Space
To make sense of the technologies we use to identify who someone is, consider the relationship among three familiar ideas — (1) “identity”, (2) “authentication”, and (3) “credential.”
By “identity” I mean something more than just who you are. I mean as well your “attributes”, or more broadly, all the facts about you (or a corporation, or a thing) that are true. Your identity, in this sense, includes your name, your sex, where you live, what your education is, your driver’s license number, your social security number, your purchases on Amazon.com, whether you’re a lawyer — and so on.
These attributes are known by others when they are communicated. In real space, some are communicated automatically: for most, sex, skin color, height, age range, and whether you have a good smile get transmitted automatically. Other attributes can’t be known unless they are revealed either by you, or by someone else: your GPA in high school, your favorite color, your social security number, your last purchase on Amazon, whether you’ve passed a bar exam.
