Code: And Other Laws of Cyberspace, Version 2.0

Front Cover
Basic Books, Dec 5, 2006 - Language Arts & Disciplines - 432 pages
There’s a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author’s wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
 

Contents

Four Puzzles from Cyberspace
9
REGULABILITY
23
Architectures of Control
38
Regulating Code
61
REGULATION BY CODE
83
What Things Regulate
120
The Limits in Open Code
138
LATENT AMBIGUITIES
156
Free Speech
233
Interlude
276
Competition Among Sovereigns
294
The Problems We Face
313
Responses
325
What Declan Doesnt Get
335
Appendix
340
Notes
347

RESPONSES
167
Intellectual Property
169
Privacy
200

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About the author (2006)

Lawrence Lessig is a professor at Stanford Law School and founder of the school’s Center for the Internet and Society. After clerking for Judge Richard Posner on the 7th Circuit Court of Appeals and for Justice Antonin Scalia on the U.S. Supreme Court, he served on the faculties of the University of Chicago, Yale Law School, and Harvard Law School before moving to Stanford. He represented the web site developer Eric Eldred before the Supreme Court in Ashcroft v. Eldred, a landmark case challenging the Sonny Bono Copyright Term Extension Act. His other books are Free Culture and The Future of Ideas. Lessig also chairs the Creative Commons project and serves on the board of the Electronic Frontier Foundation. In 2002 he was named one of Scientific American’s Top 50 Visionaries. He lives in Palo Alto, California.

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