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Code And Other Laws of Cyberspace is a book about the interaction
between the legal system, social organizations, and cyberspace. Lessig
contradicts the popular belief that the Internet cannot be regulated. He
portrays a dark picture of the control forces at play to regulate the Internet.
The commercial uses of the Internet and the governments interest in gathering
information on its citizens and groups of citizens are forces that are
at work to make the Internet a regulated space. The book argues that
the people that use the Internet need to get involved and decide
what values they want the Internet to carry: those of free speech and expression,
or those or regulation and control. "Liberty in cyberspace
will not come from the absence of the state. Liberty there, as anywhere,
will come from a state of a certain kind." (Lessig. Code and other laws
of cyberspace. 1999. p.5)
The book is not an easy-read, but one I highly recommend if you want
to get an understanding of the issues surrounding cyberspace and the scenarios
that are currently playing out to design what the Internet will or will
not be. Each chapter has many analytical references, a total of forty pages
of references, that could send you off on a reading adventure that would
immerse you in the legal, cultural, and economic aspects of the Internet.
References run the gamut of time from as early as 1889 to 1998, with a
range of sources from constitutional law, case law, books, journals and
popular magazine articles, e-zines and other Web resources. An index facilitates
location of particular topics in the book.
Code and the other laws of cyberspace was published in 1999,
when the predictions of doom of Y2K were rampant, and the obvious
implications of the poorly-designed computer code that controlled all computers
was becoming known to most computer users. Probably at no time in
the history of computers was code, or the basic architecture of computers,
going to be such a relevant issue to ordinary computer users.
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Lessig had been immersed in the subject of computer code prior to 1999,
but the eve of Y2K certainly broadened the appeal for a book that had computer
code as its central issue. "Code is law", the title of the first chapter
of the book, explains the significance of computer code. (Lessig.
Code and other laws...1999. p.3.) By computer code, Lessig means
both the hardware and software that make cyberspace what it is. This code
governs cyberspace just as laws, the constitution and statues, govern real
space. "This code presents the greatest threat to liberal or libertarian
ideals, as well as their greatest promise. We can build, or architect,
or code cyberspace to protect values that we believe are fundamental, or
we can build, architect, or code cyberspace to allow those values to disappear...
Code is never found; it is only ever made, and only ever made by us." (Lessig.
Code and other laws... 1999. p. 6.)
The book is written in four parts, and builds a progressive analysis
of these hardware and software control forces that are shaping the Internet,
culminating with a section which explains what can be done to ensure that
the Internet and cyberspace remain a space where values of free speech,
free and open trade, and privacy guaranteed by the U.S. constitution stay
intact. Using his knowledge of law and the legal system, in combination
with his knowledge of the Internet and cyberspace, Lessig develops strong
arguments about how the legal system can be used to preserve the American
constitutional values in cyberspace.
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