Bugfix needed?
Lawrence Lessig:
Code and Other Laws of Cyberspace. Basic Books.
While Digital Dilemma is appropriate to intellectual property lawyers, a more casual reader might find a suitable book here. Lawrence Lessig – a professor at Harvard Law School – is one of the first legal scholars to step into the risky business of publishing a booklength, ’bestseller’ argument for regulating the cyberspace. This book is ’legal hype’ if such a concept exists. That is also the dilemma of the book: not too academic, not too profound, but full of original viewpoints and opinions.
Lessig has written a kind of counterargument to all those who manifest for the total freedom of cyberspace. The message of the book seems to be: cyberspace is governed by its architecture and, thus, by its architects. Code is law. And we, the people, are responsible for it. ”How the code regulates, who the codewriters are, and who controls the codewriters – these are the questions that any practice of justice must focus on”.
Lessig argues that government must get closer to this ’mystical’ code if democratic values are to be maintained in the digital age. He points out that ”government is a player in the market for software”. Lessig likes to compare the ”democratic east coast code” (Washington D.C.) to ”west coast code” (Silicon Valley), which is controlled by high-tech corporations and hackers. His conclusion is that it is unwise to leave the power to the west coast where it has been so far.
A reader interested in specific intellectual property issues is a bit disappointed. Lessig does not have anything new to say and, in overall, intellectual property law plays a minor role in Lessig’s arguments. On the other hand, in his strongest areas covering public law issues such as privacy, anonymity and free speech, Lessig is clear and insightful. He captures the essence of current discussion.
One of the weaknesses of Lessig’s book is its US centric view of the world. Most of the values he derives are from US legal cases and examples. And as a constitutional lawyer, he also seems to speak a bit too easily in the favor of the ”east coast code”.
If you are new to the ongoing debate on the regulation of cyberspace, this book is an easy introduction. But if you are looking for a full coverage of discussed arguments – not found in Lessig’s presentation – you might be better off by spending some hours browsing through slashdot.org and wired.com. For example, at slashdot Lessig’s book has fueled a fierce debate.
