The power to delete your books, movies, and music remotely is a power no one should have. Here’s one way around this: Don’t buy a Kindle until Amazon updates its terms of service to prohibit remote deletions. Even better, the company ought to remove the technical capability to do so, making such a mass evisceration impossible in the event that a government compels it. (Sony and Interead—makers of rival e-book readers—didn’t immediately respond to my inquiries about whether their devices allow the same functions. As far as I can tell, their terms of service don’t give the companies the same blanket right to modify their services at will, though.)
But these problems are bigger than a few select companies. As Zittrain points out, they come about because of the law’s inability to deal with tethered technology—devices that are both yours and not yours, in your possession but under the orders of companies far away. Amazon’s promise to do better next time is going to be pretty hard to keep. The company says it won’t delete any more books—but it hasn’t said what it will do when someone alleges that one of its titles is libelous or violates someone else’s copyright. This is bound to happen sooner or later, and the company might find itself deleting books once more. To solve this problem, what we really need are new laws.