Code & Other Laws of Cyberspace By Lawrence Lessig Reviewed by Thuy Nguyen November 17 th 2005
Outline • • About the author and the book Main arguments of the book Model of regulation Regulability in cyberspace Applications KM perspective Conclusions & Discussions
The Author • • Currently professor at Stanford Law School Taught at Harvard Law School and Chicago Law School Bachelor in Business & Economics at UPenn Bachelor in Philosophy at Trinity College, Cambridge J. D. from Yale Law School Political view: conservative, then liberal Expertise in cyberspace law Works: – – – Code & Other Laws of Cyberspace (2000) The Future of Ideas (2001) Free Culture (2004)
Main Arguments of the Book • Cyberspace is not totally free & unregulable as commonly believed. • E-commerce pushes certificate-rich cyberspace, by-product is regulability. • Government helps this process by changing the ARCHITECTURE (code) of cyberspace. • It’s our responsibility to determine how the cyberspace should be, as it would unavoidably have impacts on our life.
Model of Regulation
Life of a Pathetic Dot Market Law Architecture Norms
Example - Smoking • Legal constraint: under 18 can’t buy cigarettes • Social norms constraint: no smoking in private cars or homes without asking for permission • Market constraint: price constrains affordability • Technology constraint (architecture): unfiltered vs filtered
Examples - Cyberspace • Law regulates behavior: copyright law, defamation law, obscenity law. • Norms regulate behavior: talk too much in discussion lists, your emails are filtered. • Market regulates behavior: pricing of internet services, or busy signals • Architecture (code) regulates behavior: software and hardware constrain what you can do
Role of Law Market Law Architecture Norms
Role of Law - Examples • Discrimination against the disabled: – Law barring discrimination on the basis of phisycal disability (regulate directly) – Educate children to change social norms (regulate through norms) – Subsidize companies to hire the disabled (regulate through market) – Regulate building codes to make building accessible to the disabled (regulate through architecture)
Regulability in Cyberspace
Cyberspace uncontrollable – Flat WRONG • Cyberspace is uncontrollable, given its current status • Commerce will change this, no matter what • Government to take positive role: regulate cyberspace through regulating its architecture (code) • West Coast vs East Coast regulation
Control by Opening the Code • • • NOT equal losing control EQUAL open control Requires law making be PUBLIC and TRANSPARENT • Perfect control might not be possible, but effective control is
Action Has to be Taken • We are NOT ready for a new technological revolution: lesson from collapse of European communism • WE need to make decisions • Don’t let Microsoft & IBM decide what’s good for us • Start with “translation process”: translate realspace values to be preserved in cyberspace
Applications
Translation of Constitution • The Trespass Law case – Protects persons, houses, papers, and effects, against unreasonable searches and seizures – Wiretapping: violation or not? – No: there’s no physical trespassing, physical properties protected – YES: although no physical trespassing, privacy violated • Preserve MEANINGS & PRINCIPLES, not PRACTICES
Applications • Intellectual property – Technically possible to protect intellectual property – Means: trusted system, private fences not public law – Attention will shift to copy-duty, not copy-right • Privacy • Free speech • Sovereignty
From KM Perspective • Understanding what regulates cyberspace helps us understand the framework in which information, knowledge, and behavior are regulated • We can shape what will manage us in the future • Future of KM can be either good or bad, depending on our action, but there is great potential for better KM if regulations are transparent
Conclusions • We are entering an era of great potential for changing the cyberspace. • We have to determine what change we want to make. • Objects in cyberspace subject to the same regulators as in real-space • Need to select what values to translate from realspace to cyberspace • All these are KM and shape the future of KM
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