The time in cyberspace is different from real space time in a sense. It is the time of ``change'', which is faster than the pace we are accustomed to. It is a flashing show of emerging and passing technologies. A few years ago there was gopher and archie, now nobody can use them. In this accelerated concept of time, part of Lessig's prophecy has already occured and we have been too late to prevent it as he has predicted.
Slowly the constitution of cyberspace erodes. A year in earth time, and loss of multiple liberties in cyber time.
The terrifying trusted systems have come closer to reality. The storage industry will be making new hard disks with copyright countermeasures built in[42] allowing almost perfect control over copying. There are attempts at controlling copying images on web.[1] Cable Industry is working on a digital video copy protection system that prevents ``unauthorized'' copying of content.[8] Microsoft E-Books are copy protected tying them to a particular OS. [21] As Lessig himself points out, copyright law extends to dangerous amounts, destroying fair use. [41] The copyright holders' actions damage novel distribution methods such as MP3.com and Napster for they can invoke state-power almost arbitrarily. [14] Some companies try to map the Internet to trace the origin of files under certain bad categories [19] in the name of security. Some courts have rules that anonymous speech is not a protected right.[2]. Despite the threats to fair use and anonymity, the cyberspace community has worked to prevent excessive regulation for intellectual property. NymIP project aims anonymity at the IP level [24] and FreeNet is a distributed, anonymous information system. With efforts like these, we may be able to restore some of the anonymity and construct an intellectual commons.
Privacy has been diminished in new ways. According to Gunn, we have already lost the war against technology in privacy. [38] Echelon is a global electronic communications surveillance system and and it is operational. [11] FBI is deploying a search tool called Carnivore which is rather suspicious looking.[9] People are often using web-based e-mail services which are not safe from corporate spying. [32] As an example of trading of customer data, Motorola has been demanding customer data bases from dealers. [37] MSN has been selling users' images. [23] Word documents have been phoning home. [22] Quova has been developing a system for geographic discrimination of users. [27] However, there have been improvements as well. EU has set encryption free. [12] US Court of Appeals for the DC Circuit has ruled that highest legal standard must be met to use new surveillance capabilities, thanks to civil liberties groups. [3] ACLU has sued Yahoo! for disclosing users' private information. [34] Internet advertisement companies have been struck with privacy suits. [39] A judge has written that delete key should actually delete things, to aid privacy. [18] Zero Knowledge Systems develops privacy solutions to remain anonymous and protect private information. [35]
Free Speech is a fundamental value of Internet, and we are doing our best to remove it. Under the disguise of protecting children from pornography and applying copyright laws, we are degrading what once used to be a medium for free speech. US Congress has made it mandatory for schools and libraries to install filtering software, which is really ``censorware''; software that is deficient and ill-purposed. [7] Censorware like SmartFilter blocks the good as well as the bad. [28] [20] MPAA has censored DeCSS code, which might be considered free speech.[33] Warner Bros is trying to shut down Harry Potter fan sites.[16] On the other hand, free software projects like Publius[4] and FreeNet[13] continue fighting censorship on the Net. Publishing also shifts to the Net; Stephen King is one of the pioneers. [6] [25] With the advance of micropayment schemes, independent review agencies and alternative publishing methods, there is a good chance that Net publishing can proliferate. A broad Net censorship act has been stopped in a lawsuit Cyberspace v. Engler. [10] Students have won lawsuits against schools that have attempted to censor their Internet sites. [17]
Governments continue criminalizing the hacker culture that has had a big role in building the Net. EU and US Ready an international CyberCrime Treaty. [31]
UCITA has passed [30], an upcoming law that decreases the accountability of software.[5] Fortunately, IEEE USA [29] and others are fighting it.
Although some sane decisions have been given by courts[26], courts are still hesitant in identifying and resolving latent ambiguities.
Overall, we are living Lessig's prophecy as our liberties wither.