Code: And Other Laws of Cyberspace

By Lawrence Lessig | Go to book overview

NOTES

PREFACE
1.
See http://mit.edu/cfp6.

CHAPTER ONE
1.
Paulina Borsook, "How Anarchy Works," Wired 110 (October 1995): 3.10, available online at http://www.wired.com/wired/archive/3.10/ietf.html (visited May 30, 1999), quoting Netlander, David dark.
2.
James Boyle, talk at Telecommunications Policy Research Conference (TPRC), Washington, D.C., September 28, 1997. David Shenk discusses the libertarianism that cyberspace inspires (as well as other, more fundamental problems with the age) in a brilliant cultural how-to book that responsibly covers both the technology and the libertarianism; see Data Smog: Surviving the Information Glut (San Francisco, Harper Edge, 1997), esp. 174-77. The book also describes technorealism, a responsive movement that advances a more balanced picture of the relationship between technology and freedom.
3.
See Kevin Kelley, Out of Control: The New Biology of machines, Social Systems, and the Economic World (Reading, Mass.: Addison-Wesley, 1994), 119.
4.
As Stephen Holmes has put it, "Rights depend upon the competent exercise of... legitimate public power.... The largest and most reliable human rights organization is the liberal state.... Unless society is politically well organized, there will be no individual liberties and no civil society"; "What Russia Teaches Us Now: How Weak States Threaten Freedom," American Prospect 33 (1997): 30, 33.
5.
This is a dark picture, I confess, and it contrasts with the picture of control drawn by Andrew Shapiro in The Control Revolution (New York: Public Affairs, 1999). As I discuss later, however, the difference between Shapiro's view and my own turns on the extent to which architectures enable top-down regulation. In my view, one highly probable architecture would enable greater regulation than Shapiro believes is likely.
6.
See "We Know Where You Will Live," Computers, Freedom, and Privacy Conference, March 30,1996, audio link available at http://www-swiss.ai.mit.edu/-switz/cfp96/#audio.
7.
See William J. Mitchell, City of Bits: Space, Place, and the Infobahn (Cambridge, Mass.: MIT Press, 1995), 111. In much of this book, I work out Mitchell's idea, though I drew the metaphor from others as well. Ethan Katsh discusses this notion of software worlds in "Software Worlds and the First Amendment: Virtual Doorkeepers in Cyberspace," University of Chicago Legal Forum (1996): 335, 338. Joel Reidenberg discusses the related notion of "lex informatica" in "Lex Informatica: The Formulation of Information Policy Rules Through Technology," Texas Law Review 76 (1998): 553. I have been especially influenced by James Boyle's work in the area.

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