Lawrence Lessig

Roy L. Furman Professor of Law and Leadership

Biography

Lawrence Lessig is the Roy L. Furman Professor of Law and Leadership at Harvard Law School. Prior to rejoining the Harvard faculty, Lessig was a professor at Stanford Law School, where he founded the school’s Center for Internet and Society, and at the University of Chicago. He clerked for Judge Richard Posner on the 7th Circuit Court of Appeals and Justice Antonin Scalia on the United States Supreme Court. Lessig serves on the Board of the AXA Research Fund, and on the advisory boards of Creative Commons and the Sunlight Foundation. He is a Member of the American Academy of Arts and Sciences, and the American Philosophical Association, and has received numerous awards, including the Free Software Foundation’s Freedom Award, Fastcase 50 Award and being named one of Scientific American’s Top 50 Visionaries. Lessig holds a BA in economics and a BS in management from the University of Pennsylvania, an MA in philosophy from Cambridge, and a JD from Yale.

Areas of Interest

Lawrence Lessig, Corrupt and Unequal, Both, 84 Fordham L. Rev. 445 (2015).
Categories:
Government & Politics
Sub-Categories:
Corruption
Type: Article
Abstract
Rick Hasen has presented the issue of money in politics as if we have to make a choice: it is either a problem of equality or it is a problem of corruption. Hasen’s long and influential career in this field has been a long and patient struggle to convince those on the corruption side of the fight (we liberals, at least, and, in an important sense, we egalitarians too) to resist the temptation to try to pass—by rendering equality arguments as corruption arguments, and to just come out of the closet. Hasen had famously declared that the corruption argument supporting Austin v. Michigan Chamber of Commerce was a fake and that the only basis for justifying the ban on corporate spending in Austin was equality, not corruption. And the U.S. Supreme Court famously (in our circles at least) agreed, in the process of striking down the ban on corporate spending in Austin and everywhere else. Thus, Hasen argues, it is a fool’s errand to fake the corruption argument. We need instead, Hasen has constantly counseled, a bit of egalitarian pride. Be true to ourselves, Hasen tells us, and give up the pretense of corruption talk.
Lawrence Lessig, Republic, Lost: Version 2.0 (Twelve rev. ed. 2015).
Categories:
Government & Politics
Sub-Categories:
Corruption
,
Elections & Voting
,
Supreme Court of the United States
,
Congress & Legislation
Type: Book
Abstract
In an era when special interests funnel huge amounts of money into our government—driven by shifts in campaign-finance rules and brought to new levels by the Supreme Court in Citizens United v. Federal Election Commission—trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in politics, and that business interests wield control over our government. Lawrence Lessig takes a clear-eyed look at what this crisis is—a crisis of equality—and how we arrived at it—how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and deny citizens the basic equality of a representative democracy. Using examples that resonate as powerfully on the Right as on the Left, Lessig seeks out the root cause of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the Tweedism—an endemic corruption of citizen equality—that has taken hold of our system. From there, Lessig presents ideas for how this republic lost can be regained, ultimately calling for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted—but redeemable—representational system. He also explores the idea of Referendum Politicians, as a more immediate way to force change into the system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness, by giving citizens what they were originally meant to have—a Congress “dependent on the people alone,” where by “the People,” was meant “not the rich more than the poor.” While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In this brand new edition of REPUBLIC, LOST, he not only makes this need palpable and clear—he gives us the practical and intellectual tools to do something about it.
Lawrence Lessig, Should We Convene?, 62 N.Y. Rev. Books 77, July 9, 2015.
Categories:
Constitutional Law
Sub-Categories:
Constitutional History
Type: Article
Lawrence Lessig, In Washington, Money Talks Louder Than Ordinary Americans, 144 New Statesman 64 (2015).
Categories:
Government & Politics
Sub-Categories:
Corruption
,
Elections & Voting
Type: Article
Lawrence Lessig, The USA Is Lesterland: The Nature of Congressional Corruption (CreateSpace 2014).
Categories:
Government & Politics
Sub-Categories:
Corruption
,
Elections & Voting
,
Congress & Legislation
Type: Book
Abstract
Building upon his TED talk (now with more than 1.2 million views), The USA is Lesterland captures the argument of the talk, and fills it out with detail and a clear way forward. As Lessig describes, the key to the system of corruption that has now wrecked our government is the way candidates for Congress raise money to fund their campaigns. Members of Congress and candidates for Congress spend anywhere between 30% and 70% of their time raising money to get themselves elected or their party back in power. But they raise that money not from all of us. Instead, they raise that money from the tiniest fraction of the 1%. Less than 1/20th of 1% of America are the “relevant funders” of congressional campaigns. That means about 150,000 Americans, or about the same number who are named “Lester,” wield enormous power over this government. These “Lesters” determine this critical first election in every election cycle—the money election. Without them, few believe they have any chance to win. And certainly, neither party believes it can achieve a majority without answering the special demands these “funders” make. Our Congress has thus become dependent upon these funders. In this sense, we are now “Lesterland.”
Lawrence Lessig, What an Originalist Would Understand "Corruption" to Mean, 102 Calif. L. Rev. 1 (2014).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Corruption
,
Elections & Voting
,
Supreme Court of the United States
Type: Article
Abstract
As important as "that" is "how." It is commonplace to say of the United States Congress that it is "corrupt." But it is critical, if we are to reform that corrupt institution, to say how it is corrupt. In what sense? According to what meaning? For what reasons? For the United States Congress is not corrupt in any traditional (albeit modern) sense of the term. Congress is not filled with criminals. Its members are not seeking bribes or using their official influence for private gain. In this sense, as Dennis Thompson offers, our Congress is likely the least corrupt Congress in the history of that institution.1 These are not bad souls bending the public weal to private ends. The institution is not corrupt because it is filled with a bunch of corrupt individuals. Instead Congress is corrupt at the level of the institution. We can presume the individuals within the institution are innocent; the economy of influence that they have allowed to evolve is not. Members of Congress, of course, are ultimately responsible for the influence they have allowed to evolve. But there is a distinction between being responsible and being corrupt: the bartender may well be responsible for the alcoholic's accident; that doesn't make her a drunk. And that is the objective of this short Essay: to see how an institution can be corrupt even if its members are not. I base the argument on the Brennan Center's Jorde Symposium lecture that I had the honor of presenting at Berkeley Law in January of 2013. But lectures are not (or should not be) essays. So while this Essay draws from that lecture, it reaches beyond it. In particular, it is enriched by the generous and careful criticism of election law maven Rick Hasen. I take the opportunity in this Essay to also reply to him more carefully. It is my claim that this "corruption"-what I call "dependence corruption"-should be easy for an originalist to see. Indeed, as this Essay will insist, only a non-originalist could reject it. That fact, if correct, makes the views of the originalists on the Supreme Court about the scope of the term "corruption" all the more puzzling, even as it also makes traditional reformers uncomfortable.
Lawrence Lessig, A Reply to Professors Cain and Charles, 102 Calif. L. Rev. 49 (2014).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Corruption
Type: Article
Jonathan Zittrain, Kendra Albert & Lawrence Lessig, Perma: Scoping and Addressing the Problem of Link and Reference Rot in Legal Citations, 14 Legal Information Mgmt. 88 (2014).
Categories:
Technology & Law
Sub-Categories:
Information Commons
,
Networked Society
Type: Article
Abstract
It has become increasingly common for a reader to follow a URL cited in a court opinion or a law review article, only to be met with an error message because the resource has been moved from its original online address. This form of reference rot, commonly referred to as ‘linkrot’, has arisen from the disconnect between the transience of online materials and the permanence of legal citation, and will only become more prevalent as scholarly materials move online. The present paper, written by Jonathan Zittrain, Kendra Albert and Lawrence Lessig, explores the pervasiveness of linkrot in academic and legal citations, finding that more than 70% of the URLs within the Harvard Law Review and other journals, and 50% of the URLs within United States Supreme Court opinions, do not link to the originally cited information. In light of these results, a solution is proposed for authors and editors of new scholarship that involves libraries undertaking the distributed, long-term preservation of link contents.
Lawrence Lessig, Foreword: “Institutional Corruption” Defined, 41 J.L. Med. & Ethics 553 (2013).
Categories:
Government & Politics
,
Health Care
Sub-Categories:
Corruption
,
Health Law & Policy
,
Bioethics
Type: Article
Lawrence Lessig, Letter to the Editor, ‘It’s Not All Money', N.Y. Rev. Books, May 10, 2012.
Categories:
Government & Politics
Sub-Categories:
Corruption
,
Congress & Legislation
,
Elections & Voting
,
Supreme Court of the United States
Type: Article
Lawrence Lessig, Republic, Lost: How Money Corrupts Congress — and a Plan to Stop It (Twelve 2011).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Corruption
,
Elections & Voting
,
Supreme Court of the United States
Type: Book
Abstract
In an era when special interests funnel huge amounts of money into our government—driven by shifts in campaign-finance rules and brought to new levels by the Supreme Court in Citizens United v. Federal Election Commission—trust in our government has reached an all-time low. More than ever before, Americans believe that money buys results in Congress, and that business interests wield control over our legislature. With heartfelt urgency and a keen desire for righting wrongs, Harvard law professor Lawrence Lessig takes a clear-eyed look at how we arrived at this crisis: how fundamentally good people, with good intentions, have allowed our democracy to be co-opted by outside interests, and how this exploitation has become entrenched in the system. Rejecting simple labels and reductive logic—and instead using examples that resonate as powerfully on the Right as on the Left—Lessig seeks out the root causes of our situation. He plumbs the issues of campaign financing and corporate lobbying, revealing the human faces and follies that have allowed corruption to take such a foothold in our system. He puts the issues in terms that nonwonks can understand, using real-world analogies and real human stories. And ultimately he calls for widespread mobilization and a new Constitutional Convention, presenting achievable solutions for regaining control of our corrupted—but redeemable—representational system. In this way, Lessig plots a roadmap for returning our republic to its intended greatness. While America may be divided, Lessig vividly champions the idea that we can succeed if we accept that corruption is our common enemy and that we must find a way to fight against it. In REPUBLIC, LOST, he not only makes this need palpable and clear—he gives us the practical and intellectual tools to do something about it.
Lawrence Lessig, “Culture Wars”: Getting to Peace, in Copyright Future Copyright Freedom: Marking the 40th Anniversary of the Commencement of Australia's Copyright Act 1968, 110 (Brian Fitzgerald & Benedict Atkinson eds., Sydney Univ. Press 2011).
Categories:
Technology & Law
,
International, Foreign & Comparative Law
,
Property Law
Sub-Categories:
Foreign Law
,
International Law
,
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Book
Lawrence Lessig, How to Get Our Democracy Back, 290 Nation, Feb. 22, 2010, at 11.
Categories:
Government & Politics
Sub-Categories:
Corruption
,
Congress & Legislation
Type: Article
Lawrence Lessig, What Everybody Knows and What Too Few Accept: Comment on Caperton v. A.T. Massey Coal Co., 123 Harv. L. Rev. 104 (2009).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Fourteenth Amendment
,
Corruption
,
Elections & Voting
Type: Article
Yochai Benkler, Sharing, Trading, Creating Culture, 324 Science, no. 5925, 2009, at 337 (Reviewing Lawrence Lessig’s Remix. Making Art and Commerce Thrive in the Hybrid Economy (2008)).
Categories:
Technology & Law
Sub-Categories:
Intellectual Property Law
,
Cooperation, Peer-Production & Sharing
,
Information Commons
,
Science & Technology
Type: Article
Lawrence Lessig, Industries de la culture, pirates et culture libre, 733-34 Critique 510 (2008).
Categories:
Technology & Law
Sub-Categories:
Intellectual Property Law
,
Information Commons
,
Cooperation, Peer-Production & Sharing
Type: Article
Lawrence Lessig, Code Version 2.0 (Basic Books 2006).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
,
Cooperation, Peer-Production & Sharing
,
Information Commons
,
Information Privacy & Security
,
Intellectual Property Law
,
Networked Society
Type: Book
Abstract
There’s a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author’s wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
Sabine Baumann & Lawrence Lessig, Interview: Lawrence Lessig, 54 Zeitschrift für Bibliothekswesen und Bibliographie 297 (2007).
Categories:
Technology & Law
Sub-Categories:
Intellectual Property Law
Type: Article
Lawrence Lessig, Cyberspace and Freedom of Expression: What Things Regulate Speech: CDA2.0 vs. Filtering, in Law and Society Approaches to Cyberspace 283 (Paul Schiff Berman ed., Ashgate Pub. 2007).
Categories:
Technology & Law
,
Constitutional Law
Sub-Categories:
First Amendment
,
Cyberlaw
,
Networked Society
Type: Book
Abstract
This collection offers an invaluable introduction to cutting-edge ideas about law and society in an online era.
Lawrence Lessig, Does Copyright Have Limits? Eldred v. Ashcroft and its Aftermath, in Open Content Licensing: Cultivating the Creative Commons (Brian Fitzgerald ed., Sydney Univ. Press 2007).
Categories:
Property Law
Sub-Categories:
Intellectual Property - Copyright
Type: Book
Lawrence Lessig, The Code of Privacy, 151 Proc. Am. Phil. Soc'y 283 (2007).
Categories:
Property Law
,
Technology & Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
,
Networked Society
,
Information Privacy & Security
Type: Article
Lawrence Lessig, The Vision for the Creative Commons: What are We and Where are We Headed? Free Culture, in Open Content Licensing: Cultivating the Creative Commons (Brian Fitzgerald ed., Sydney Univ. Press 2007).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Cooperation, Peer-Production & Sharing
,
Information Commons
Type: Book
Lawrence Lessig, Code: And Other Laws of Cyberspace, Version 2.0 (Basic Books 2006).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
,
Networked Society
Type: Book
Abstract
There’s a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government’s (or anyone else’s) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that’s not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author’s wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
Lawrence Lessig, .commons, in Norms and the Law (John N. Drobak ed., Cambridge Univ. Press, 2006)
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property - Patent & Trademark
,
Intellectual Property Law
,
Cooperation, Peer-Production & Sharing
,
Cyberlaw
,
Information Commons
Type: Book
Abstract
I start with the words of someone famous, and then an account of the deeds of someone not quite so famous, as a way of framing an argument about the commons in cyberspace. First the words. In a letter written late in his life, Thomas Jefferson, the first commissioner of the patent office, commenting about the limited scope of patents, had this to say about the very idea of protecting something like an idea: If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possess the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lites his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density at any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement, or exclusive appropriation.
Virginia Rutledge, Lawrence Lessig, Allan R. Adler & Nick Taylor, Slouching Toward Alexandria: A Roundtable on Google's Library Project, 12 Artforum Int'l Supp. Bookforum 36 (2006).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
,
Information Commons
,
Digital Property
,
Networked Society
Type: Article
Abstract
To many, the dream of a digital Alexandria seemed a giant step closer to reality when, in December 2004, the search engine Google announced that it had entered into agreements with the New York Public Library and four major universities to digitally scan their collections so that Internet users worldwide could search them. In September 2005, the Authors Guild, the largest society of published writers in the United States, filed a class action lawsuit alleging that Google's Print Library Project-since renamed the Google Books Library Project-constituted "massive copyright infringement." Pointing to Google Print for Publishers, an earlier program in which Google partnered with various publishing companies, the Authors Guild and the AAP say that copyright holders' permissions should also be required for the Google Books Library Project and that compensation should at least be discussed for any use of works that results in copies of the original material.
Lawrence Lessig, The People Own Ideas!, 108 MIT Tech. Rev. 56 (2005).
Categories:
Technology & Law
,
Property Law
Sub-Categories:
Intellectual Property - Copyright
,
Intellectual Property Law
Type: Article
Lawrence Lessig, Re-Marking the Progress in Frischmann, 89 Minn. L. Rev. 1031 (2005).
Categories:
Technology & Law
Sub-Categories:
Communications Law
,
Intellectual Property Law
,
Networked Society
Type: Article
Lawrence Lessig, On the Internet and the Benign Invasions of Nineteen Eighty-Four, in On "Nineteen Eighty-Four": Orwell and Our Future (Abbott Gleason, Jack Goldsmith & Martha C. Nussbaum, eds., 2005).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
,
Science & Technology
,
Information Privacy & Security
Type: Book
Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (Penguin Press 2004).
Categories:
Property Law
,
Technology & Law
Sub-Categories:
Intellectual Property - Copyright
,
Cooperation, Peer-Production & Sharing
,
Information Commons
,
Intellectual Property Law
,
Networked Society
Type: Book
Abstract
Lawrence Lessig, “the most important thinker on intellectual property in the Internet era” (The New Yorker), masterfully argues that never before in human history has the power to control creative progress been so concentrated in the hands of the powerful few, the so-called Big Media. Never before have the cultural powers- that-be been able to exert such control over what we can and can’t do with the culture around us. Our society defends free markets and free speech; why then does it permit such top-down control? To lose our long tradition of free culture, Lawrence Lessig shows us, is to lose our freedom to create, our freedom to build, and, ultimately, our freedom to imagine.
Lawrence Lessig, Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity (Penguin Press 2004).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
,
Cooperation, Peer-Production & Sharing
,
Networked Society
,
Intellectual Property Law
,
Information Privacy & Security
,
Information Commons
,
Digital Property
,
Communications Law
Type: Book
Abstract
Lawrence Lessig could be called a cultural environmentalist. One of America’s most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, CODE and THE FUTURE OF IDEAS, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in FREE CULTURE, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they’re inflicting are poisoning the ecosystem that fosters innovation. All creative works—books, movies, records, software, and so on—are a compromise between what can be imagined and what is possible—technologically and legally. For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs. The original term of copyright set by the First Congress in 1790 was 14 years, renewable once. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role. What did he know that we’ve forgotten? Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can’t do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What’s at stake is our freedom—freedom to create, freedom to build, and ultimately, freedom to imagine.
Lawrence Lessig, Jonathan L. Zittrain, Charles R. Nesson, William F. Fisher & Yochai Benkler, Internet Law (Foundation Press 2002).
Categories:
Technology & Law
Sub-Categories:
Cyberlaw
Type: Book
Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (Random House 2001).
Categories:
Technology & Law
Sub-Categories:
Intellectual Property Law
,
Cyberlaw
,
Cooperation, Peer-Production & Sharing
,
Information Commons
,
Networked Society
Type: Book
Abstract
The Internet revolution has come. Some say it has gone. In The Future of Ideas, Lawrence Lessig explains how the revolution has produced a counterrevolution of potentially devastating power and effect. Creativity once flourished because the Net protected a commons on which widest range of innovators could experiment. But now, manipulating the law for their own purposes, corporations have established themselves as virtual gatekeepers of the Net while Congress, in the pockets of media magnates, has rewritten copyright and patent laws to stifle creativity and progress. Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright, The Future of Ideas is a call to arms that we can ill afford to ignore.
Lawrence Lessig, Code and Other Laws of Cyberspace (Basic Books 1999).
Categories:
Technology & Law
Sub-Categories:
Science & Technology
,
Cyberlaw
,
Intellectual Property Law
,
Networked Society
Type: Book
Abstract
There’s a common belief that cyberspace cannot be regulated—that it is, in its very essence, immune from the government’s (or anyone else’s) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no “nature.” It only has code—the software and hardware that make cyberspace what it is. That code can create a place of freedom—as the original architecture of the Net did—or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that’s not inevitable either. We can—we must—choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.
Lawrence Lessig & Yochai Benkler, Net Gains: Will Technology Make CBS Unconstitutional?, New Republic, Dec. 14, 1998, at 15.
Categories:
Technology & Law
,
Constitutional Law
,
Government & Politics
Sub-Categories:
Administrative Law & Agencies
,
Communications Law
Type: Article
Lawrence Lessig, What Things Regulate Speech: CDA 2.0 vs. Filtering, 38 Jurimetrics J. 629 (1998).
Categories:
Technology & Law
,
Constitutional Law
Sub-Categories:
First Amendment
,
Cyberlaw
,
Networked Society
Type: Article

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