In this age of an open Internet, it is easy to forget that every American information industry, beginning with the telephone, has eventually been taken captive by some ruthless monopoly or cartel. With all our media now traveling a single network, an unprecedented potential is building for centralized control over what Americans see and hear. Could history repeat itself with the next industrial consolidation? Could the Internet—the entire flow of American information—come to be ruled by one corporate leviathan in possession of “the master switch”? That is the big question of Tim Wu’s pathbreaking book.
As Wu’s sweeping history shows, each of the new media of the twentieth century—radio, telephone, television, and film—was born free and open. Each invited unrestricted use and enterprising experiment until some would-be mogul battled his way to total domination. Here are stories of an uncommon will to power, the power over information: Adolph Zukor, who took a technology once used as commonly as YouTube is today and made it the exclusive prerogative of a kingdom called Hollywood . . . NBC’s founder, David Sarnoff, who, to save his broadcast empire from disruptive visionaries, bullied one inventor (of electronic television) into alcoholic despair and another (this one of FM radio, and his boyhood friend) into suicide . . . And foremost, Theodore Vail, founder of the Bell System, the greatest information empire of all time, and a capitalist whose faith in Soviet-style central planning set the course of every information industry thereafter.
Explaining how invention begets industry and industry begets empire—a progress often blessed by government, typically with stifling consequences for free expression and technical innovation alike—Wu identifies a time-honored pattern in the maneuvers of today’s great information powers: Apple, Google, and an eerily resurgent AT&T. A battle royal looms for the Internet’s future, and with almost every aspect of our lives now dependent on that network, this is one war we dare not tune out.
Part industrial exposé, part meditation on what freedom requires in the information age, The Master Switch is a stirring illumination of a drama that has played out over decades in the shadows of our national life and now culminates with terrifying implications for our future.
The “alarming and impassioned”* book on how the Internet is redefining constitutional law, now reissued as the first popular book revised online by its readers (*New York Times)
There’s a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author’s wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who’s really in control of what’s happening on the Net?
In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet’s challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It’s a book about the fate of one idea–that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google’s struggles with the French government and Yahoo’s capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay’s struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them.
While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance.
Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.
Cyberspace and the Use of Force focuses specifically on one of the most challenging, contentious, and important issues in international law; how to determine what constitutes a use of force between states in CyberSpace under the contemporary international law paradigm of conflict management defined by the Charter of the United Nations. This text provides a detailed analysis of existing international law and state practice that reveals which state activities in CyberSpace may constitute a use of force and an armed attack that invokes a state’s right to use force in self-defense. Though referenced in detail for lawyers, this text provides the necessary legal background to make it a useful desk reference for government officials, military operators, students, and others who are interested in the application of international law in CyberSpace.