The Generative Internet
Harvard Law School and Kennedy School; Harvard School of Engineering and Applied Sciences; Berkman Center for Internet & Society
Harvard Law Review, Vol. 119, p. 1974, May 2006
Oxford Legal Studies Research Paper No. 28/2006
Berkman Center Research Publication No. 2006/1
The generative capacity for unrelated and unaccredited audiences to build and distribute code and content through the Internet to its tens of millions of attached personal computers has ignited growth and innovation in information technology and has facilitated new creative endeavors. It has also given rise to regulatory and entrepreneurial backlashes. A further backlash among consumers is developing in response to security threats that exploit the openness of the Internet and of PCs to third-party contribution. A shift in consumer priorities from generativity to stability will compel a response from regulators and markets and, if unaddressed, could prove decisive in closing today's open computing environments. This Article explains why PC openness is as important as network openness, as well as why today's open network might give rise to unduly closed endpoints. It argues that the Internet is better conceptualized as a generative grid that includes both PCs and networks rather than as an open network indifferent to the configuration of its endpoints. Applying this framework, the Article explores ways - some of them bound to be unpopular among advocates of an open Internet represented by uncompromising end-to-end neutrality - in which the Internet can be made to satisfy genuine and pressing security concerns while retaining the most important generative aspects of today's networked technology.
This is a working paper. The final version of the paper may be found online without registration or charge at http://www.harvardlawreview.org/issues/119/may06/zittrain.pdf.
Number of Pages in PDF File: 63
Keywords: cyberlaw, internet, generativity, drm, digital rights management, security, intellectual property
JEL Classification: D18, K1, K10, K2, K20, K42, O3, O31, O32, O33, O34Accepted Paper Series
Date posted: November 13, 2005
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