Expert answer:566 Critical Thinking: Malware
Solved by verified expert:Assignment Details:In an essay, answer the following questions based on the readings from this module:How do you determine the type and location of malware present on the computer or device? Explain your rationale.In your opinion, do you think that the vulnerabilities can be minimized in the future? Why or why not?Provide information from your readings to support your statements.Deliverables: Your essay should be three to four pages in length, incorporating at least three academic resources from the Library in addition to your assigned readings. Include a proper introduction and labeled conclusion. Cite all sources using Saudi Electronic University academic writing standards and APA style guidelines, citing references as appropriate.TextBooks are attached.It is strongly encouraged that you submit all assignments to the TurnItIn Originality Check prior to submitting them to your instructor for grading.
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lessig_codev2.pdf
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https://www.dropbox.com/s/zwevrxoht8vfs13/Security%20Strategies%20in%20Windows%20Platforms%20and%20Applications%20Security%20Strategies%20in%20Windows%20Platforms.pdf?dl=00465039146-FM:FM
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C O D E
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C ODE
v e r s i o n
L A W R E N C E
2 . 0
L E S S I G
A Member of the Perseus Books Group
New York
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Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike
Published by Basic Books
A Member of the Perseus Books Group
Printed in the United States of America. For information, address Basic Books, 387
Park Avenue South, New York, NY 10016–8810.
Books published by Basic Books are available at special discounts for bulk purchases
in the United States by corporations, institutions, and other organizations. For more
information, please contact the Special Markets Department at the Perseus Books
Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800)
255-1514 or e-mail special.markets@perseusbooks.com.
CIP catalog record for this book is available from the Library of Congress.
ISBN-10: 0–465–03914–6
ISBN-13: 978–0–465–03914–2
06 07 08 09 / 10 9 8 7 6 5 4 3 2 1
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Code version 1.0
FOR CHARLIE NESSON, WHOSE EVERY IDEA
SEEMS CRAZY FOR ABOUT A YEAR.
Code version 2.0
TO WIKIPEDIA,
THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE.
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C O N T E N T S
Preface to the Second Edition
Preface to the First Edition
Chapter 1. Code Is Law
Chapter 2. Four Puzzles from Cyberspace
ix
xiii
1
9
PART I: “REGULABILITY”
Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be?
Chapter 4. Architectures of Control
Chapter 5. Regulating Code
31
38
61
PART II: REGULATION BY CODE
Chapter 6. Cyberspaces
Chapter 7. What Things Regulate
Chapter 8. The Limits in Open Code
83
120
138
PART III: LATENT AMBIGUITIES
Chapter 9. Translation
Chapter 10. Intellectual Property
Chapter 11. Privacy
Chapter 12. Free Speech
Chapter 13. Interlude
157
169
200
233
276
PART IV: COMPETING SOVEREIGNS
Chapter 14. Sovereignty
Chapter 15. Competition Among Sovereigns
281
294
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PART V: RESPONSES
Chapter 16. The Problems We Face
Chapter 17. Responses
Chapter 18. What Declan Doesn’t Get
313
325
335
Appendix
Notes
Index
340
347
399
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PREF A C E
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T O
THE
S E C O ND
E DIT ION
This is a translation of an old book—indeed, in Internet time, it is a translation of an ancient text. The first edition of this book was published in 1999.
It was written in a very different context, and, in many ways, it was written in
opposition to that context. As I describe in the first chapter, the dominant idea
among those who raved about cyberspace then was that cyberspace was
beyond the reach of real-space regulation. Governments couldn’t touch life
online. And hence, life online would be different, and separate, from the
dynamic of life offline. Code v1 was an argument against that then common
view.
In the years since, that common view has faded. The confidence of the
Internet exceptionalists has waned. The idea—and even the desire—that the
Internet would remain unregulated is gone. And thus, in accepting the invitation to update this book, I faced a difficult choice: whether to write a new
book, or to update the old, to make it relevant and readable in a radically different time.
I’ve done the latter. The basic structure of the first edition remains, and
the argument advanced is the same. But I’ve changed the framing of particular examples, and, I hope, the clarity of the writing. I’ve also extended the
argument in some parts, and added brief links to later work in order to better
integrate the argument of the original book.
One thing I have not done, however, is extend the argument of this book
in the places that others have worked. Nor have I succumbed to the (insanely
powerful) temptation to rewrite the book as a response to critics, both sympathetic and not. I have included direction in the notes for those wanting to
follow the arguments others have made in response. But, even more than
when it was first published, this book is just a small part of a much bigger
debate. Thus, you shouldn’t read this to the exclusion of extraordinary later
work. Two books in particular already published nicely complement the argument made here—Goldsmith and Wu’s Who Controls the Net? (2006), and
Benkler’s The Wealth of Networks (2006)—and a third by Zittrain, expected in
2007, significantly extends the same argument.
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preface to the second edition
I have also not tried to enumerate the mistakes, real and alleged, made in
the first edition. Some I’ve simply corrected, and some I’ve kept, because,
however mistaken others take them to be, I continue to believe that they are
not mistakes. The most important of the second type is my view that the
infrastructure of the Net will become increasingly controlled and regulable
through digital identity technologies. Friends have called this “mistake” a
“whopper.” It is not. I’m not sure what time horizon I had in mind in 1999,
and I concede that some of the predictions made there have not come to
pass—yet. But I am more confident today than I was then, and thus I have
chosen to stick with this “fundamental mistake.” Perhaps this is simply to
hedge my bets: If I’m right, then I have the reward of understanding. If I’m
wrong, then we’ll have an Internet closer to the values of its original design.
The genesis of the revisions found here was a wiki. Basic Books allowed
me to post the original edition of the book in a wiki hosted by Jotspot, and a
team of “chapter captains” helped facilitate a conversation about the text.
There were some edits to the text itself, and many more valuable comments
and criticisms.1 I then took that text as of the end of 2005 and added my own
edits to produce this book. While I wouldn’t go as far as the musician Jeff
Tweedy (“Half of it’s you, half is me”), an important part of this is not my
work. In recognition of that, I’ve committed the royalties from this book to
the nonprofit Creative Commons.
I am grateful to JotSpot () for donating the wiki and hosting
services that were used to edit Code v1. That wiki was managed by an
extraordinary Stanford undergraduate, Jake Wachman, who gave this project
more time than he had. Each chapter of the book, while living on the wiki,
had a “chapter captain.” I am grateful to each of them—Ann Bartow, Richard
Belew, Seth Finkelstein, Joel Flynn, Mia Garlick, Matt Goodell, Paul Gowder,
Peter Harter, Brian Honermann, Brad Johnson, Jay Kesan, John Logie, Tom
Maddox, Ellen Rigsby, and Jon Stewart—for the work they volunteered to do,
and to the many volunteers who spent their time trying to make Code v1 better. I am especially grateful to Andy Oram for his extensive contributions to
the wiki.
In addition to these volunteers, Stanford helped me gather an army of
law students to help complete the research that Code v2 required. This work
began with four—David Ryan Brumberg, Jyh-An Lee, Bret Logue, and Adam
Pugh—who spent a summer collecting all the work that built upon or criticized Code v1. I relied upon that research in part to decide how to modify
Code v1. During the fall semester, 2005, a seminar of Stanford students added
their own critical take, as well as classes at Cardozo Law School. And then
during the year, two other students, John Eden and Avi Lev Robinson-
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Mosher, spent many hours helping me complete the research necessary to
finish a reasonable draft of Code v2.
No student, however, contributed as much to the final version of Code v2
as Christina Gagnier. In the final months of this project, she took command
of the research, completing a gaggle of unresolved questions, putting the
results of this 18-month process in a form that could be published, and supervising a check of all citations to verify their completeness and accuracy. Without her work, this book would not have been completed.
I am also grateful to friends and colleagues who have helped me see how
this work needed to change—especially Ed Felten, David Johnson, Jorge Lima,
Alan Rothman, and Tim Wu. Jason Ralls designed the graphics for Code v2.
And finally, I am indebted beyond words to Elaine Adolfo, whose talent and
patience are far beyond anything I’ve ever known, and without whom I could
not have done this, or much else in the past few years.
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T O
THE
FIRS T
E DIT ION
In the spring of 1996, at an annual conference organized under the title “Computers, Freedom, and Privacy” (CFP), two science-fiction writers were invited
to tell stories about cyberspace’s future. Vernor Vinge spoke about “ubiquitous
law enforcement” made possible by “fine-grained distributed systems,” in which
the technology that will enable our future way of life also feeds data to, and
accepts commands from, the government. The architecture that would enable
this was already being built—it was the Internet—and technologists were
already describing ways in which it could be extended. As this network which
could allow such control became woven into every part of social life, it would
be just a matter of time, Vinge said, before the government claimed control over
vital parts of this system. As the system matured, each new generation of system
code would increase the power of government. Our digital selves—and increasingly, our physical selves—would live in a world of perfect regulation, and the
architecture of this distributed computing—what we today call the Internet
and its successors—would make that regulatory perfection possible.
Tom Maddox followed Vinge and told a similar story, though with a
slightly different cast. The government’s power would not come just from
chips, he argued. Instead, it would be reinforced by an alliance between government and commerce. Commerce, like government, fares better in a wellregulated world. Commerce would, whether directly or indirectly, help supply
resources to build a well-regulated world. Cyberspace would thus change to
take on characteristics favorable to these two powerful forces of social order.
Accountability would emerge from the fledgling, wild Internet.
Code and commerce.
When these two authors spoke, the future they described was not yet
present. Cyberspace was increasingly everywhere, but it was very hard for
those in the audience to imagine it tamed to serve the ends of government.
And at that time, commerce was certainly interested in cyberspace, though
credit card companies were still warning customers to stay far away from the
Net. The Net was an exploding social space of something. But it was hard to
see it as an exploding space of social control.
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I didn’t see either speech. I first listened to them through my computer,
three years after they were given. Their words had been recorded; they now sit
archived on a server at MIT.1 It takes a second to tune in and launch the
recording of their speeches. The very act of listening to these lectures given
years before—served on a reliable and indexed platform that no doubt
recorded the fact that I had listened, across high-speed, commercial Internet
lines that feed my house both the Internet and ABC News—confirmed something of their account. One can hear in the audience’s reaction a recognition
that these authors were talking fiction—they were science-fiction writers,
after all. But the fiction they spoke terrified those who listened.
Ten years later, these tales are no longer fiction. It is no longer hard to
understand how the Net could become a more perfectly regulated space or
how the forces behind commerce could play a role in facilitating that regulation.
The ongoing battle over peer-to-peer filesharing is an easy example of
this dynamic. As an astonishing quantity of music files (among others) was
made available for free (and against the law of copyright) through P2P
applications, the recording industry has fought back. Its strategy has
included vigorous prosecution of those downloading music illegally,
extraordinary efforts to secure new legislation to add new protections for
their copyrighted content, and a host of new technical measures designed to
change a feature of the original architecture of the network—namely that
the Net copies content blind to the rules of copyright that stand behind that
content. The battle is thus joined, and the outcome will have implications
for more than just music distribution. But the form of the battle is clear:
commerce and government working to change the infrastructure to make
better control possible.
Vinge and Maddox were first-generation theorists of cyberspace. They
could tell their stories about perfect control because they lived in a world that
couldn’t be controlled. They could connect with their audience because it
wanted to resist the future they described. Envisioning this impossible world
was sport.
Now the impossible is increasingly real. Much of the control in Vinge’s
and Maddox’s stories that struck many of their listeners as Orwellian now
seems to many quite reasonable. It is possible to imagine the system of perfect
regulation that Vinge described, and some even like what they see. It is
inevitable that an increasingly large part of the Internet will be fed by commerce. Most don’t see anything wrong with that either. The “terrifying” has
now become normal, and only the historians (or authors of old books like
this) will notice the difference.
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This book continues Vinge’s and Maddox’s stories. I share their view of
the Net’s future; much of this book is about the expanding architecture of regulation that the Internet will become. But I don’t share the complacency of the
self-congratulatory cheers echoing in the background of that 1996 recording.
It may well have been obvious in 1996 who “the enemy” was. But it is not
obvious now.
The argument of this book is that our future is neither Vinge’s nor Maddox’s accounts standing alone. Our future is the two woven together. If we
were only in for the dystopia described by Vinge, we would have an obvious
and powerful response: Orwell gave us the tools, and Stalin gave us the resolve
to resist the totalitarian state. After 9/11, we may well see a spying and invasive
Net. But even that will have limits. Totalitarian control by Washington is not
our future. 1984 is solidly in our past.
Likewise, if we were only in for the future that Maddox described, many
of our citizens would call that utopia, not science fiction. A world where “the
market” runs free and the “evil” of government is defeated would be, for them,
a world of perfect freedom.
But when you tie the futures described by Vinge and Maddox together, it
is a different picture altogether: A future of control in large part exercised by
technologies of commerce, backed by the rule of law (or at least what’s left of
the rule of law).
The challenge for our generation is to reconcile these two forces. How do
we protect liberty when the architectures of control are managed as much by
the government as by the private sector? How do we assure privacy when the
ether perpetually spies? How do we guarantee free thought when the push is
to propertize every idea? How do we guarantee self-determination when the
architectures of control are perpetually determined elsewhere? How, in other
words, do we build a world of liberty in the face of the dangers that Vinge and
Maddox together describe?
The answer is not in the knee-jerk antigovernment rhetoric of a libertarian past: Governments are necessary to protect liberty, even if they are also
able to destroy it. But neither does the answer lie in a return to Roosevelt’s
New Deal. Statism has failed. Liberty is not to be found in some new D.C.
alphabet soup (WPA, FCC, FDA . . . ) of bureaucracy.
A second generation takes the ideals of the first and works them out
against a different background. It knows the old debates; it has mapped the
dead-end arguments of the preceding thirty years. The objective of a second
generation is to ask questions that avoid dead-ends and move beyond them.
There is great work from both generations. Esther Dyson and John Perry
Barlow, and Todd Lapin still inspire, and still move one (Dyson is editor at
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large at CNET Networks; Barlow now spends time at Harvard). And in the
second generation, the work of Andrew Shapiro, David Shenk, and Steven
Johnson is becoming well known and is compelling.
My aim is this second generation. As fits my profession (I’m a lawyer), my
contribution is more long-winded, more obscure, more technical, and more
obtuse than the best of either generation. But as fits my profession, I’ll offer it
anyway. In the debates that rage right now, what I have to say will not please
anyone very much. And as I peck these last words before e-mailing the manuscript off to the publisher, I can already hear the reactions: “Can’t you tell the
difference between the power of the sheriff and the power of Walt Disney?”
“Do you really think we need a government agency regulating software code?”
And from the other side: “How can you argue for an architecture of cyberspace (free software) that disables government’s ability to do good?”
But I am also a teacher. If my writing produces angry reactions, then it
might also effect a more balanced reflection. These are hard times to get it
right, but the easy answers to yesterday’s debate won’t get it right.
I have learned an extraordinary amount from the teachers and critics
who have helped me write this book. Hal Abelson, Bruce Ackerman, James
Boyle, Jack Goldsmith, and Richard Posner gave patient and excellent advice
on earlier drafts. I am grateful for their patience and extremely fortunate to
have had their advice. Larry Vale and Sarah Whiting guided my reading in the
field of architecture, though no doubt I was not as patient a student as I
should have been. Sonya Mead helped me put into pictures what it would take
a lawyer ten thousand words to say.
An army of students did most of the battle on earlier drafts of this book.
Carolyn Bane, Rachel Barber, Enoch Chang, Ben Edelman, Timothy Ehrlich,
Dawn Farber, Melanie Glickson, Bethany Glover, Nerlyn Gonzalez, Shannon
Johnson, Karen King, Alex Macgillivray, Marcus Maher, David Melaugh,
Teresa Ou, Laura Pirri, and Wendy Seltzer provided extensive, if respectful,
criticism. And my assistants, Lee Hopkins and Catherine Cho, were crucial in
keeping this army in line (and at bay).
Three students in particular have influenced my argument, though none
are fairly called “students.” Harold Reeves takes the lead in Chapter 10. Tim
Wu forced me to rethink much of Part I. And Andrew Shapiro showed me the
hopefulness in a future that I have described in very dark terms.
I am especially indebted to Catherine Marguerite Manley, whose extraordinary talent, both as a writer and a researcher, made it possible to finish this
work long before it otherwise could have been finished. Thanks also to Tawen
Chang and James Stahir for their careful review of the notes and work to
keep them honest.
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This is a not a field where one learns by living in libraries. I have learned
everything I know from the conversations I h …
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