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Lawrence Lessig, The Limits in Open Code: Regulatory Standards and the Future of the Net, 14 Berkeley Tech. L.J. 759 (1999).

Abstract: This essay examines the effect that the open source, or free software movement (open code for short) might have on the regulability of behavior on the internet. I begin by distinguishing two kinds of rules, only one of which imposes constraints that individuals might ordinarily have a persistent desire to evade. I then claim that the emergence of open code movement undermines the government's ability to regulate behavior by regulating code. Open code, the argument is, thus functions as a limit on state power.