Code & Other Laws Code & Other Laws of Cyberspaceof Cyberspace

Reviewed by Thuy NguyenReviewed by Thuy Nguyen

November 17November 17thth 2005 2005

By Lawrence LessigBy Lawrence Lessig

OutlineOutline

• About the author and the About the author and the bookbook

• Main arguments of the bookMain arguments of the book• Model of regulationModel of regulation• Regulability in cyberspaceRegulability in cyberspace• ApplicationsApplications• KM perspectiveKM perspective• Conclusions & DiscussionsConclusions & Discussions

The AuthorThe Author

• Currently professor at Stanford Law SchoolCurrently professor at Stanford Law School• Taught at Harvard Law School and Chicago Taught at Harvard Law School and Chicago

Law SchoolLaw School• Bachelor in Business & Economics at UPennBachelor in Business & Economics at UPenn• Bachelor in Philosophy at Trinity College, Bachelor in Philosophy at Trinity College,

CambridgeCambridge• J.D. from Yale Law SchoolJ.D. from Yale Law School• Political view: conservative, then liberalPolitical view: conservative, then liberal• Expertise in cyberspace lawExpertise in cyberspace law• Works:Works:

– Code & Other Laws of Cyberspace (2000)Code & Other Laws of Cyberspace (2000)– The Future of Ideas (2001)The Future of Ideas (2001)– Free Culture (2004)Free Culture (2004)

Main Arguments of the Main Arguments of the BookBook

• Cyberspace is not totally free & Cyberspace is not totally free & unregulableunregulable as commonly believed. as commonly believed.

• E-commerce pushes certificate-rich E-commerce pushes certificate-rich cyberspace, cyberspace, by-product is regulabilityby-product is regulability..

• Government helpsGovernment helps this process by this process by changing the ARCHITECTURE (code) changing the ARCHITECTURE (code) of cyberspace.of cyberspace.

• It’s It’s our responsibility to determineour responsibility to determine how how the cyberspace should be, as it would the cyberspace should be, as it would unavoidably have impacts on our life.unavoidably have impacts on our life.

Model of RegulationModel of Regulation

Life of a Pathetic DotLife of a Pathetic Dot

Market

Architecture Law

Norms

Example - SmokingExample - Smoking

• Legal constraintLegal constraint: under 18 can’t buy : under 18 can’t buy cigarettescigarettes

• Social norms constraintSocial norms constraint: no smoking : no smoking in private cars or homes without in private cars or homes without asking for permissionasking for permission

• Market constraintMarket constraint: price constrains : price constrains affordabilityaffordability

• Technology constraintTechnology constraint (architecture): (architecture): unfiltered vs filteredunfiltered vs filtered

Examples - CyberspaceExamples - Cyberspace

• LawLaw regulates behavior: copyright law, regulates behavior: copyright law, defamation law, obscenity law.defamation law, obscenity law.

• NormsNorms regulate behavior: talk too much regulate behavior: talk too much in discussion lists, your emails are in discussion lists, your emails are filtered.filtered.

• MarketMarket regulates behavior: pricing of regulates behavior: pricing of internet services, or busy signalsinternet services, or busy signals

• ArchitectureArchitecture (code) regulates behavior: (code) regulates behavior: software and hardware constrain what software and hardware constrain what you can doyou can do

Role of LawRole of Law

Market

Architecture Law

Norms

Role of Law - ExamplesRole of Law - Examples

• Discrimination against the disabled:Discrimination against the disabled:– Law barring discrimination on the basis Law barring discrimination on the basis

of phisycal disability (regulate directly)of phisycal disability (regulate directly)– Educate children to change social norms Educate children to change social norms

(regulate through norms)(regulate through norms)– Subsidize companies to hire the disabled Subsidize companies to hire the disabled

(regulate through market)(regulate through market)– Regulate building codes to make building Regulate building codes to make building

accessible to the disabled (regulate accessible to the disabled (regulate through architecture)through architecture)

Regulability in Regulability in CyberspaceCyberspace

Cyberspace uncontrollable – Flat Cyberspace uncontrollable – Flat WRONGWRONG

• Cyberspace is uncontrollable, given Cyberspace is uncontrollable, given its current statusits current status

• Commerce will change this, no Commerce will change this, no matter whatmatter what

• Government to take positive roleGovernment to take positive role: : regulate cyberspace through regulate cyberspace through regulating its architecture (code)regulating its architecture (code)

• West Coast vs East Coast regulationWest Coast vs East Coast regulation

Control by Opening the Control by Opening the CodeCode

• NOT equal losing controlNOT equal losing control• EQUAL open controlEQUAL open control• Requires law making be PUBLIC and Requires law making be PUBLIC and

TRANSPARENTTRANSPARENT• Perfect control might not be Perfect control might not be

possible, but effective control ispossible, but effective control is

Action Has to be TakenAction Has to be Taken

• We are NOT ready for a new We are NOT ready for a new technological revolution: lesson from technological revolution: lesson from collapse of European communismcollapse of European communism

• WE need to make decisionsWE need to make decisions• Don’t let Microsoft & IBM decide Don’t let Microsoft & IBM decide

what’s good for uswhat’s good for us• Start with “translation process”: Start with “translation process”:

translate real-space values to be translate real-space values to be preserved in cyberspacepreserved in cyberspace

ApplicationsApplications

Translation of Translation of ConstitutionConstitution

• The Trespass Law caseThe Trespass Law case– Protects persons, houses, papers, and effects, Protects persons, houses, papers, and effects,

against unreasonable searches and seizuresagainst unreasonable searches and seizures– Wiretapping: violation or not?Wiretapping: violation or not?– No: there’s no physical trespassing, physical No: there’s no physical trespassing, physical

properties protectedproperties protected– YES: although no physical trespassing, privacy YES: although no physical trespassing, privacy

violatedviolated

• Preserve MEANINGS & PRINCIPLES, not Preserve MEANINGS & PRINCIPLES, not PRACTICESPRACTICES

ApplicationsApplications

• Intellectual propertyIntellectual property– Technically possible to protect intellectual Technically possible to protect intellectual

propertyproperty– Means: trusted system, private fences not Means: trusted system, private fences not

public lawpublic law– Attention will shift to copy-duty, not copy-Attention will shift to copy-duty, not copy-

rightright

• PrivacyPrivacy• Free speechFree speech• SovereigntySovereignty

From KM Perspective From KM Perspective • Understanding what regulates Understanding what regulates

cyberspace helps us understand the cyberspace helps us understand the framework in which information, framework in which information, knowledge, and behavior are regulatedknowledge, and behavior are regulated

• We can shape what will manage us in We can shape what will manage us in the futurethe future

• Future of KM can be either good or Future of KM can be either good or bad, depending on our action, but there bad, depending on our action, but there is great potential for better KM if is great potential for better KM if regulations are transparentregulations are transparent

ConclusionsConclusions

• We are entering an era of great We are entering an era of great potential for changing the cyberspace.potential for changing the cyberspace.

• We have to determine what change we We have to determine what change we want to make.want to make.

• Objects in cyberspace subject to the Objects in cyberspace subject to the same regulators as in real-spacesame regulators as in real-space

• Need to select what values to translate Need to select what values to translate from real-space to cyberspacefrom real-space to cyberspace

• All these are KM and shape the future of All these are KM and shape the future of KMKM