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computers and television, and though there is still no substance to cyberspace, nothing you can handle, it has a strange kind of physicality now. It makes good sense today to talk of cyberspace as a place all its own.

Because people live in it now. Not just a few people, not just a few technicians and eccentrics, but thousands of people, quite normal people. And not just for a little while, either, but for hours straight, over weeks, and months, and years. Cyberspace today is a “Net,” a “Matrix,” international in scope and growing swiftly and steadily. It’s growing in size, and wealth, and political importance.

People are making entire careers in modern cyberspace. Scientists and technicians, of course; they’ve been there for twenty years now. But increasingly, cyberspace is filling with journalists and doctors and lawyers and artists and clerks. Civil servants make their careers there now, “on-line” in vast government databanks; and so do spies, industrial, political, and just plain snoops; and so do police, at least a few of them. And there are children living there now.

People have met there and been married there. There are entire living communities in cyberspace today; chattering, gossiping, planning, conferring and scheming, leaving one another voice-mail and electronic mail, giving one another big weightless chunks of valuable data, both legitimate and illegitimate. They busily pass one another computer software and the occasional festering computer virus.

We do not really understand how to live in cyberspace yet. We are feeling our way into it, blundering about. That is not surprising. Our lives in the physical world, the “real” world, are also far from perfect, despite a lot more practice. Human lives, real lives, are imperfect by their nature, and there are human beings in cyberspace. The way we live in cyberspace is a funhouse mirror of the way we live in the real world. We take both our advantages and our troubles with us.

This book is about trouble in cyberspace. Specifically, this book is about certain strange events in the year 1990, an unprecedented and startling year for the the growing world of computerized communications.

In 1990 there came a nationwide crackdown on illicit computer hackers, with arrests, criminal charges, one dramatic show-trial, several guilty pleas, and huge confiscations of data and equipment all over the USA.

The Hacker Crackdown of 1990 was larger, better organized, more deliberate, and more resolute than any previous effort in the brave new world of computer crime. The U.S. Secret Service, private telephone security, and state and local law enforcement groups across the country all joined forces in a determined attempt to break the back of America’s electronic underground. It was a fascinating effort, with very mixed results.

The Hacker Crackdown had another unprecedented effect; it spurred the creation, within “the computer community,” of the Electronic Frontier Foundation, a new and very odd interest group, fiercely dedicated to the establishment and preservation of electronic civil liberties. The crackdown, remarkable in itself, has created a melee of debate over electronic crime, punishment, freedom of the press, and issues of search and seizure. Politics has entered cyberspace. Where people go, politics follow.

This is the story of the people of cyberspace.

PART ONE: Crashing the System

On January 15, 1990, AT&T’s long-distance telephone switching system crashed.

This was a strange, dire, huge event. Sixty thousand people lost their telephone service completely. During the nine long hours of frantic effort that it took to restore service, some seventy million telephone calls went uncompleted.

Losses of service, known as “outages” in the telco trade, are a known and accepted hazard of the telephone business. Hurricanes hit, and phone cables get snapped by the thousands. Earthquakes wrench through buried fiber-optic lines. Switching stations catch fire and burn to the ground. These things do happen. There are contingency plans for them, and decades of experience in dealing with them. But the Crash of January 15 was unprecedented. It was unbelievably huge, and it occurred for no apparent physical reason.

The crash started on a Monday afternoon in a single switching-station in Manhattan. But, unlike any merely physical damage, it spread and spread. Station after station across America collapsed in a chain reaction, until fully half of AT&T’s network had gone haywire and the remaining half was hard-put to handle the overflow.

Within nine hours, AT&T software engineers more or less understood what had caused the crash. Replicating the problem exactly, poring over software line by line, took them a couple of weeks. But because it was hard to understand technically, the full truth of the matter and its implications were not widely and thoroughly aired and explained. The root cause of the crash remained obscure, surrounded by rumor and fear.

The crash was a grave corporate embarrassment. The “culprit” was a bug in AT&T’s own software—not the sort of admission the telecommunications giant wanted to make, especially in the face of increasing competition. Still, the truth WAS told, in the baffling technical terms necessary to explain it.

Somehow the explanation failed to persuade American law enforcement officials and even telephone corporate security personnel. These people were not technical experts or software wizards, and they had their own suspicions about the cause of this disaster.

The police and telco security had important sources of information denied to mere software engineers. They had informants in the computer underground and years of experience in dealing with high-tech rascality that seemed to grow ever more sophisticated. For years they had been expecting a direct and savage attack against the American national telephone system. And with the Crash of January 15—the first month of a new, high-tech decade—their predictions, fears, and suspicions seemed at last to have entered the real world. A world where the telephone system had not merely crashed, but, quite likely, BEEN crashed—by “hackers.”

The crash created a large dark cloud of suspicion that would color certain people’s assumptions and actions for months. The fact that it took place in the realm of software was suspicious on its face. The fact that it occurred on Martin Luther King Day, still the most politically touchy of American holidays, made it more suspicious yet.

The Crash of January 15 gave the Hacker Crackdown its sense of edge and its sweaty urgency. It made people, powerful people in positions of public authority, willing to believe the worst. And, most fatally, it helped to give investigators a willingness to take extreme measures and the determination to preserve almost total secrecy.

An obscure software fault in an aging switching system in New York was to lead to a chain reaction of legal and constitutional trouble all across the country.

Like the crash in the telephone system, this chain reaction was ready and waiting to happen. During the 1980s, the American legal system was extensively patched to deal with the novel issues of computer crime. There was, for instance, the Electronic Communications Privacy Act of 1986 (eloquently described as “a stinking mess” by a prominent law enforcement official). And there was the draconian Computer Fraud and Abuse Act of 1986, passed unanimously by the United States Senate, which later would reveal a large number of flaws. Extensive, well-meant efforts had been made to keep the legal system up to date. But in the day-to-day grind of the real world, even the most elegant software tends to crumble and suddenly reveal its hidden bugs.

Like the advancing telephone system, the American legal system was certainly not ruined by its temporary crash; but for those caught under the weight of the collapsing system, life became a series of blackouts and anomalies.

In order to understand why these weird events occurred, both in the world of technology and in the world of law, it’s not enough to understand the merely technical problems. We will get to those; but first and foremost, we must try to understand the telephone, and the business of telephones, and the community of human beings that telephones have created.

Technologies have life cycles, like cities do, like institutions do, like laws and governments do.

The first stage of any technology is the Question Mark, often known as the “Golden Vaporware” stage. At this early point, the technology is only a phantom, a mere gleam in the inventor’s eye. One such inventor was a speech teacher and electrical tinkerer named Alexander Graham Bell.

Bell’s early inventions, while ingenious, failed to move the world. In 1863, the teenage Bell and his brother Melville made an artificial talking mechanism out of wood, rubber, gutta-percha, and tin. This weird device had a rubber-covered “tongue” made of movable wooden segments, with vibrating rubber “vocal cords,” and rubber “lips” and “cheeks.” While Melville puffed a bellows into a tin tube, imitating the lungs, young Alec Bell would manipulate the “lips,” “teeth,” and “tongue,” causing the thing to emit high-pitched falsetto gibberish.

Another would-be technical breakthrough was the Bell “phonautograph” of 1874, actually made out of a human cadaver’s ear. Clamped into place on a tripod, this grisly gadget drew sound-wave images on smoked glass through a thin straw glued to its vibrating earbones.

By 1875, Bell had learned to produce audible sounds—ugly shrieks and squawks—by using magnets, diaphragms, and electrical current.

Most “Golden Vaporware” technologies go nowhere.

But the second stage of technology is the Rising Star, or, the “Goofy Prototype,” stage. The telephone, Bell’s most ambitious gadget yet, reached this stage on March 10, 1876. On that great day, Alexander Graham Bell became the first person to transmit intelligible human speech electrically. As it happened, young Professor Bell, industriously tinkering in his Boston lab, had spattered his trousers with acid. His assistant, Mr. Watson, heard his cry for help—over Bell’s experimental audio-telegraph. This was an event without precedent.

Technologies in their “Goofy Prototype” stage rarely work very well. They’re experimental, and therefore half-baked and rather frazzled. The prototype may be attractive and novel, and it does look as if it ought to be good for something-or-other. But nobody, including the inventor, is quite sure what. Inventors, and speculators, and pundits may have very firm ideas about its potential use, but those ideas are often very wrong.

The natural habitat of the Goofy Prototype is in trade shows and in the popular press. Infant technologies need publicity and investment money like a tottering calf need milk. This was very true of Bell’s machine. To raise research and development money, Bell toured with his device as a stage attraction.

Contemporary press reports of the stage debut of the telephone showed pleased astonishment mixed with considerable dread. Bell’s stage telephone was a large wooden box with a crude speaker-nozzle, the whole contraption about the size and shape of an overgrown Brownie camera. Its buzzing steel soundplate, pumped up by powerful electromagnets, was loud enough to fill an auditorium. Bell’s assistant Mr. Watson, who could manage on the keyboards fairly well, kicked in by playing the organ from distant rooms, and, later, distant cities. This feat was considered marvellous, but very eerie indeed.

Bell’s original notion for the telephone, an idea promoted for a couple of years, was that it would become a mass medium. We might recognize Bell’s idea today as something close to modern “cable radio.” Telephones at a central source would transmit music, Sunday sermons, and important public speeches to a paying network of wired-up subscribers.

At the time, most people thought this notion made good sense. In fact, Bell’s idea was workable. In Hungary, this philosophy of the telephone was successfully put into everyday practice. In Budapest, for decades, from 1893 until after World War I, there was a government-run information service called “Telefon Hirmondo+.” Hirmondo+ was a centralized source of news and entertainment and culture, including stock reports, plays, concerts, and novels read aloud. At certain hours of the day, the phone would ring, you would plug in a loudspeaker for the use of the family, and Telefon Hirmondo+ would be on the air—or rather, on the phone.

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