Code and Other Laws of Cyberspace

Lawrence Lessig - the name may be familiar from the Microsoft trial - has written an excellent book, which I've taken my time reviewing because I felt I had to read it twice to grasp the full import. Code and Other Laws of Cyberspace covers the real future of your liberties on the internet, and it is not a happy book.

Code and Other Laws of Cyberspace
author	Lawrence Lessig
pages	297
publisher	Basic Books
rating	10/10
reviewer	Michael Sims
ISBN	0-465-03912-X
summary	A gloomy look at the forces which shape the internet.

Slashdot isn't the first to review this book. Declan McCullagh (Wired), Andy Oram, and Carl Kaplan (NY Times) have all taken a look at it, he's been interviewed, there's an audio debate (mp3 format) between Lessig and McCullagh, and at least a couple of other places have all mentioned it and it is, at this writing, 134 on Amazon.com's best-seller list. I was privileged enough to receive a review copy of the book some time ago, but my review has been delayed because the book is too deep to easily sum up. It's a book about law, and about policy, and about the internet, which doesn't require any grounding in any of the above, but it seems like it would be appropriate for people at almost any level of knowledge - if you know more, you'll get deeper insights, and if you know less, you'll get the basics. A fractal book, in other words. An almost philosophical work, disguised as a law book.

To start with, Lessig's book is a counter to John Perry Barlow's Declaration of the Independence of Cyberspace. Barlow had a good idea, a good goal, but he was totally and completely wrong about how to achieve it, and his declaration and the mindset it embodies has and will do great harm to the future of civil liberties on the internet.

Cyberspace is not and has never been independent of real life, or of government. What it has been is a place where the rules of real life were hard to enforce. That doesn't mean that the rules don't exist - just that it has been hard to make people obey them. The problem for people, like me, who like this state of affairs, this lack of enforcement, is that there's no reason cyberspace has to remain in its current state.

Cyberspace wasn't designed to enforce real-world rules. Such enforcement wasn't built in to the code that runs the internet, was consciously avoided in the early internet designs, and therefore regulators have been working in an environment unfriendly to them. Copying of digital works is easy. Transmitting and receiving content, even forbidden content, is easy. Etc.

But just because it was designed that way once, does not mean that it need be that way in the future. There are tremendous forces (business and government) that would prefer an internet which is friendly and cooperative to regulators. The people building the internet of tomorrow are not professors and geeks, they're CEO's and to a lesser extent, bureaucrats. If the architecture of the internet is "adjusted" to favor regulation instead of disfavor it - and the current internet builders all have reasons to favor regulability - regulating behavior on the internet is not impossible, it's trivial. Lessig has a short chapter on "is-ism", the belief that just because something is, so must it always be. Applied to the internet, this is "We are free, and will always be so." Wrong, wrong! The internet is totally man-made, and what man has made, man can change.

It is hard for me (or Lessig) to emphasize this point too much: the people who claim that we should keep our hands off the internet are completely playing into the hands of government and business. While the net-libertarians have buried their heads in the sand, the net is being changed, constantly, to favor regulation by business and by government.

Lessig takes a look at the infrastructure of the internet and how it is changing for the worse. There's another terrible flaw in thinking about the internet, which runs roughly: "whatever restrictions are placed, someone of technical competence can get around them". This is not true, not if the architecture is designed to support those restrictions rather than oppose them.

The internet, says Lessig, is about to "flip" from "unregulable" to "totally regulable". When that occurs (neither Lessig nor I think there's an "If" involved), who will be regulating the place? Currently corporations, with guidance from government - guidance coming in the form of regulations like CALEA, which make demands not on individuals, but on the code. Once the code is altered to be conducive to regulation, regulation follows naturally.

Lessig makes a great point about open source software. Closed source code which incorporates regulation (censorware is the easiest example, but there are many others) means that the people who are regulated can't even tell exactly what regulation is occuring. When the source code is available, you can at least tell exactly what you can and cannot do, or exactly how your privacy is being infringed. Open source code is inherently less suited to enforcing regulation on users.

I can't do justice to the book without rewriting it. Lessig is deeply skeptical about the ability of the U.S. government to initiate policies which promote, rather than denigrate, the civil liberties we have come to take for granted in cyberspace. Government is busy selling off our freedom to corporations through mechanisms such as ICANN. But no one else is going to do it - and with a government actively hostile to liberties or even one that adopts a hands-off approach, freedom in cyberspace is headed downhill at a tremendous pace.

I recommend this book to almost anyone who cares about the future of the internet. It's well-written - he's a good teacher. It's got some awesome examples - like how Communist Vietnam is more effectively libertarian than the U.S., because it doesn't have the infrastructure of control that we do. It is a scholarly work, but the footnotes are pushed off to the end - they alone are worth the price of the book to a serious student, but someone looking to just read can skip them without problems. It's a deep and thus far unmatched view of what will shape the net of tomorrow, the most inspiring book I've read this year.

Some of Lessig's other papers and articles are available on his home page. The book has a promotional website as well, available at code-is-law.org or what-declan-doesnt-get.com.

Pick this book up at fatbrain.com.