Code & Other Laws of Cyberspace Reviewed by Thuy Nguyen November 17 th 2005 By Lawrence Lessig

Outline About the author and the bookAbout the author and the book 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 Author Currently professor at Stanford Law SchoolCurrently professor at Stanford Law School Taught at Harvard Law School and Chicago Law SchoolTaught at Harvard Law School and Chicago Law School Bachelor in Business & Economics at UPennBachelor in Business & Economics at UPenn Bachelor in Philosophy at Trinity College, CambridgeBachelor in Philosophy at Trinity College, Cambridge 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) –The Future of Ideas (2001) –Free Culture (2004)

Main Arguments of the Book Cyberspace is not totally free & unregulable as commonly believed.Cyberspace is not totally free & unregulable as commonly believed. E-commerce pushes certificate-rich cyberspace, by-product is regulability.E-commerce pushes certificate-rich cyberspace, by-product is regulability. Government helps this process by changing the ARCHITECTURE (code) of cyberspace.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.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 Architecture Law Norms

Example - Smoking Legal constraint: under 18 can’t buy cigarettesLegal constraint: under 18 can’t buy cigarettes Social norms constraint: no smoking in private cars or homes without asking for permissionSocial norms constraint: no smoking in private cars or homes without asking for permission Market constraint: price constrains affordabilityMarket constraint: price constrains affordability Technology constraint (architecture): unfiltered vs filteredTechnology constraint (architecture): unfiltered vs filtered

Examples - Cyberspace Law regulates behavior: copyright law, defamation law, obscenity law.Law regulates behavior: copyright law, defamation law, obscenity law. Norms regulate behavior: talk too much in discussion lists, your s are filtered.Norms regulate behavior: talk too much in discussion lists, your s are filtered. Market regulates behavior: pricing of internet services, or busy signalsMarket regulates behavior: pricing of internet services, or busy signals Architecture (code) regulates behavior: software and hardware constrain what you can doArchitecture (code) regulates behavior: software and hardware constrain what you can do

Role of Law Market Architecture Law Norms

Role of Law - Examples Discrimination against the disabled: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 statusCyberspace is uncontrollable, given its current status Commerce will change this, no matter whatCommerce will change this, no matter what Government to take positive role: regulate cyberspace through regulating its architecture (code)Government to take positive role: regulate cyberspace through regulating its architecture (code) West Coast vs East Coast regulationWest Coast vs East Coast regulation

Control by Opening the Code NOT equal losing controlNOT equal losing control EQUAL open controlEQUAL open control Requires law making be PUBLIC and TRANSPARENTRequires law making be PUBLIC and TRANSPARENT Perfect control might not be possible, but effective control isPerfect 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 communismWe are NOT ready for a new technological revolution: lesson from collapse of European communism WE need to make decisionsWE need to make decisions Don’t let Microsoft & IBM decide what’s good for usDon’t let Microsoft & IBM decide what’s good for us Start with “translation process”: translate real- space values to be preserved in cyberspaceStart with “translation process”: translate real- space values to be preserved in cyberspace

Applications

Translation of Constitution The Trespass Law caseThe 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 PRACTICESPreserve MEANINGS & PRINCIPLES, not PRACTICES

Applications Intellectual propertyIntellectual property –Technically possible to protect intellectual property –Means: trusted system, private fences not public law –Attention will shift to copy-duty, not copy-right PrivacyPrivacy Free speechFree speech SovereigntySovereignty

From KM Perspective Understanding what regulates cyberspace helps us understand the framework in which information, knowledge, and behavior are regulatedUnderstanding 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 futureWe 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 transparentFuture 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 are entering an era of great potential for changing the cyberspace. We have to determine what change we want to make.We have to determine what change we want to make. Objects in cyberspace subject to the same regulators as in real-spaceObjects in cyberspace subject to the same regulators as in real-space Need to select what values to translate from real-space to cyberspaceNeed to select what values to translate from real-space to cyberspace All these are KM and shape the future of KMAll these are KM and shape the future of KM