So imagine the world in which we all could simply establish our credentials simply by looking into a camera or swiping our finger on a thumbprint reader. In a second, without easily forgotten passwords, or easily forged authentication, we get access to the Net, with all of the attributes that are ours, reliably and simply assertable.

What will happen then? When you can choose between remembering a pass-phrase, typing it every time you want access to your computer, and simply using your thumb to authenticate who you are? Or if not your thumb, then your iris, or whatever body part turns out to be cheapest to certify? When it is easiest simply to give identity up, will anyone resist?

If this is selling your soul, then trust that there are truly wonderful benefits to be had. Imagine a world where all your documents exist on the Internet in a “virtual private network”, accessible by you from any machine on the Net and perfectly secured by a biometric key.[35] You could sit at any machine, call up your documents, do your work, answer your e-mail, and move on — everything perfectly secure and safe, locked up by a key certified by the markings in your eye.

This is the easiest and most efficient architecture to imagine. And it comes at (what some think) is a very low price — authentication. Just say who you are, plug into an architecture that certifies facts about you, give your identity away, and all this could be yours.

Z-Theory

“So, like, it didn’t happen, Lessig. You said in 1999 that commerce and government would work together to build the perfectly regulable net. As I look through my spam-infested inbox, while my virus checker runs in the background, I wonder what you think now. Whatever was possible hasn’t happened. Doesn’t that show that you’re wrong?”

So writes a friend to me as I began this project to update Code v1. And while I never actually said anything about when the change I was predicting would happen, there is something in the criticism. The theory of Code v1 is missing a part: Whatever incentives there are to push in small ways to the perfectly regulable Net, the theory doesn’t explain what would motivate the final push. What gets us over the tipping point?

The answer is not fully written, but its introduction was published this year. In May 2006, the Harvard Law Review gave Professor Jonathan Zittrain (hence “Z-theory”) 67 pages to explain “The Generative Internet.”[36] The article is brilliant; the book will be even better; and the argument is the missing piece in Code v1.

Much of The Generative Internet will be familiar to readers of this book. General-purpose computers plus an end-to-end network, Zittrain argues, have produced an extraordinarily innovative ( “generative”) platform for invention. We celebrate the good stuff this platform has produced. But we (I especially) who so celebrate don’t pay enough attention to the bad. For the very same design that makes it possible for an Indian immigrant to invent HoTMaiL, or Stanford dropouts to create Google, also makes it possible for malcontents and worse to create viruses and worse. These sorts use the generative Internet to generate evil. And as Zittrain rightly observes, we’ve just begun to see the evil this malware will produce. Consider just a few of his examples:

• In 2003, in a test designed to measure the sophistication of spammers in finding “open relay” servers through which they could send their spam undetected, within 10 hours spammers had found the server. Within 66 hours they had sent more than 3.3 million messages to 229,468 people.[37]

• In 2004, the Sasser worm was able to compromise more than 500,000 computers — in just 3 days.[38] The year before, the Slammer worm infected 90 percent of a particular Microsoft server — in just 15 minutes.[39]

• In 2003, the SoBig.F e-mail virus accounted for almost 70 percent of the e-mails sent while it was spreading. More than 23.2 million messages were sent to AOL users alone.[40]

These are of course not isolated events. They are instead part of a growing pattern. As the U.S. Computer Emergency Readiness Team calculates, there has been an explosion of security incidents reported to CERT. Here is the graph Zittrain produced from the data:[41]

The graph ends in 2004 because CERT concluded that the incidents were so “commonplace and widespread as to be indistinguishable from one another.”[42]

That there is malware on the Internet isn’t surprising. That it is growing isn’t surprising either. What is surprising is that, so far at least, this malware has not been as destructive as it could be. Given the ability of malware authors to get their malicious code on many machines very quickly, why haven’t more tried to do real harm?

For example, imagine a worm that worked itself onto a million machines, and in a synchronized attack, simultaneously deleted the hard drive of all million machines. Zittrain’s point is not that this is easy, but rather, that it is just as difficult as the kind of worms that are already successfully spreading themselves everywhere. So why doesn’t one of the malicious code writers do real damage? What’s stopping cyber-Armageddon?

The answer is that there’s no good answer. And when there’s no good explanation for why something hasn’t happened yet, there’s good reason to worry that it will happen. And when this happens — when a malware author produces a really devastatingly destructive worm — that will trigger the political resolve to do what so far governments have not done: push to complete the work of transforming the Net into a regulable space.

This is the crucial (and once you see it, obvious) insight of Z-theory. Terror motivates radical change. Think about, for example, the changes in law enforcement (and the protection of civil rights) effected by the “Patriot Act.”[43] This massively extensive piece of legislation was enacted 45 days after the terror attacks on 9/11. But most of that bill had been written long before 9/11. The authors knew that until there was a serious terrorist attack, there would be insufficient political will to change law enforcement significantly. But once the trigger of 9/11 was pulled, radical change was possible.

The same will be true of the Internet. The malware we’ve seen so far has caused great damage. We’ve suffered this damage as annoyance rather than threat. But when the Internet’s equivalent of 9/11 happens — whether sponsored by “terrorists” or not — annoyance will mature into political will. And that political will will produce real change.

Zittrain’s aim is to prepare us for that change. His powerful and extensive analysis works through the trade-offs we could make as we change the Internet into something less generative. And while his analysis is worthy of a book of its own, I’ll let him write it. My goal in pointing to it here is to provide an outline to an answer

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