Consider first the traceability resulting from the basic protocols of the Internet — TCP/IP. Whenever you make a request to view a page on the Web, the web server needs to know where to sent the packets of data that will appear as a web page in your browser. Your computer thus tells the web server where you are — in IP space at least — by revealing an IP address.

As I’ve already described, the IP address itself doesn’t reveal anything about who you are, or where in physical space you come from. But it does enable a certain kind of trace. If (1) you have gotten access to the web through an Internet Service Provider (ISP) that assigns you an IP address while you’re on the Internet and (2) that ISP keeps the logs of that assignment, then it’s perfectly possible to trace your surfing back to you.

How?

Well, imagine you’re angry at your boss. You think she’s a blowhard who is driving the company into bankruptcy. After months of frustration, you decide to go public. Not “public” as in a press conference, but public as in a posting to an online forum within which your company is being discussed.

You know you’d get in lots of trouble if your criticism were tied back to you. So you take steps to be “anonymous” on the forum. Maybe you create an account in the forum under a fictitious name, and that fictitious name makes you feel safe. Your boss may see the nasty post, but even if she succeeds in getting the forum host to reveal what you said when you signed up, all that stuff was bogus. Your secret, you believe, is safe.

Wrong. In addition to the identification that your username might, or might not, provide, if the forum is on the web, then it knows the IP address from which you made your post. With that IP address, and the time you made your post, using “a reverse DNS look-up[4]”, it is simple to identify the Internet Service Provider that gave you access to the Internet. And increasingly, it is relatively simple for the Internet Service Provider to check its records to reveal which account was using that IP address at that specified time. Thus, the ISP could (if required) say that it was your account that was using the IP address that posted the nasty message about your boss. Try as you will to deny it (“Hey, on the Internet, no one knows you’re a dog!”), I’d advise you to give up quickly. They’ve got you. You’ve been trapped by the Net. Dog or no, you’re definitely in the doghouse.

Now again, what made this tracing possible? No plan by the NSA. No strategy of Microsoft. Instead, what made this tracing possible was a by-product of the architecture of the Web and the architecture of ISPs charging access to the Web. The Web must know an IP address; ISPs require identification before they assign an IP address to a customer. So long as the log records of the ISP are kept, the transaction is traceable. Bottom line: If you want anonymity, use a pay phone!

This traceability in the Internet raised some important concerns at the beginning of 2006. Google announced it would fight a demand by the government to produce one million sample searches. (MSN and Yahoo! had both complied with the same request.) That request was made as part of an investigation the government was conducting to support its defense of a statute designed to block kids from porn. And though the request promised the data would be used for no other purpose, it raised deep concerns in the Internet community. Depending upon the data that Google kept, the request showed in principle that it was possible to trace legally troubling searches back to individual IP addresses (and to individuals with Google accounts). Thus, for example, if your Internet address at work is a fixed-IP address, then every search you’ve ever made from work is at least possibly kept by Google. Does that make you concerned? And assume for the moment you are not a terrorist: Would you still be concerned?

A link back to an IP address, however, only facilitates tracing, and again, even then not perfect traceability. ISPs don’t keep data for long (ordinarily); some don’t even keep assignment records at all. And if you’ve accessed the Internet at an Internet cafe, then there’s no reason to believe anything could be traced back to you. So still, the Internet provides at least some anonymity.

But IP tracing isn’t the only technology of identification that has been layered onto the Internet. A much more pervasive technology was developed early in the history of the Web to make the web more valuable to commerce and its customers. This is the technology referred to as “cookies.”

When the World Wide Web was first deployed, the protocol simply enabled people to view content that had been marked up in a special programming language. This language (HTML) made it easy to link to other pages, and it made it simple to apply basic formatting to the content (bold, or italics, for example).

But the one thing the protocol didn’t enable was a simple way for a website to know which machines had accessed it. The protocol was “state-less.” When a web server received a request to serve a web page, it didn’t know anything about the state of the requester before that request was made.[5]

From the perspective of privacy, this sounds like a great feature for the Web. Why should a website know anything about me if I go to that site to view certain content? You don’t have to be a criminal to appreciate the value in anonymous browsing. Imagine libraries kept records of every time you opened a book at the library, even for just a second.

Yet from the perspective of commerce, this “feature” of the original Web is plainly a bug, and not because commercial sites necessarily want to know everything there is to know about you. Instead, the problem is much more pragmatic. Say you go to Amazon.com and indicate you want to buy 20 copies of my latest book. (Try it. It’s fun.) Now your “shopping cart” has 20 copies of my book. You then click on the icon to check out, and you notice your shopping cart is empty. Why? Well because, as originally architected, the Web had no easy way to recognize that you were the same entity that just ordered 20 books. Or put differently, the web server would simply forget you. The Web as originally built had no way to remember you from one page to another. And thus, the Web as originally built would not be of much use to commerce.

But as I’ve said again and again, the way the Web was is not the way the Web had to be. And so those who were building the infrastructure of the Web quickly began to think through how the web could be “improved” to make it easy for commerce to happen. “Cookies” were the solution. In 1994, Netscape introduced a protocol to make it possible for a web server to deposit a small bit of data on your computer when you accessed that server. That small bit of data — the “cookie” — made it possible for the server to recognize you when you traveled to a different page. Of course, there are lots of other concerns about what that cookie might enable. We’ll get to those in the chapter about privacy. The point that’s important here, however, is not the dangers this technology creates. The point is the potential and how that potential was built. A small change in the protocol for client-server interaction now makes it possible for websites to monitor and track those who use the site.

This is a small step toward authenticated identity. It’s far from that, but it is a step toward it. Your computer isn’t you (yet). But cookies make it possible for the computer to authenticate that it is the same machine that was accessing a website a moment before. And it is upon this technology that the whole of web commerce initially was built. Servers could now “know” that this machine is the same machine that was here before. And from that knowledge, they could build a great deal of value.

Now again, strictly speaking, cookies are nothing more than a tracing technology. They make it simple to trace a machine across web pages. That tracing doesn’t necessarily reveal any information about the user. Just as we could follow a trail of cookie crumbs in real space to an empty room, a web server could follow a trail of

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