The better world is one in which we don't need to seek permission or risk punishment to do cool stuff that makes the world a better place. In the early days of the internet, a lot of people felt that we'd found that better world. Thanks to the internet's open protocols, many of the most useful innovations, from the web to instant messaging to internet telephony, emerged without developers needing anyone's permission to run their cool new code.

But under a permission-only legal regime, the Katrinalist.net volunteers would have had to contact every site with listing data and ask for authorization to use the information first. With dozens of sites popping up in the days following the storm, getting permission would have taken a lot of time -- if the site owners could even be reached and convinced of the merit of the idea in the first place.

On the internet, having to ask permission first can kill the creation of a useful new tool.

The law should treat the internet as open by default -- a public resource rather than a gated community. This doesn't mean that we can't protect our networked computers or data with copyright law, passwords, firewalls or perhaps even terms-of-service agreements. But rather than asking whether a user obtained permission to access computers connected to the internet, the law should ask whether the owner did anything to prevent public access.

Jennifer Granick has an article on Wired talking about risks to the open Internet, using the situation surrounding KatrinaList.net as an example. According to a post on her blog, they have already received a cease and desist letter from one of the sites they are collecting information from.

Jennifer is going to be writing columns for Wired bi-weekly. She is one of the best cyberlaw people in the world, so I expect them to be good. Recently, she represented MemeStreamer Mike Lynn during the initial fallout from his BlackHat presentation on flaws in Cisco IOS. It should be noted that she did this pro-bono. Feel the good karma..

Wired News: Open Internet, We Hardly Knew Ye