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on 29 June 2015
Provides a very detailed argument
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on 10 January 2011
there is no much to say about this brilliant book which follows a path of the first version that influenced so much the cyberlaw...must read....
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on 18 January 2008
Before Larry Lessig began teaching a course on "cyberlaw" in the 1990s, few people knew this awkward term for "regulation of the Internet." But Lessig, now a professor at Stanford Law School, has always kept close to the bleeding edge of technology. He started programming in high school and later helped the U.S. Supreme Court go digital. Even this book's development shows the author's geek //bona fides:// He revised it using a "wiki," a software platform that allows multiple users to edit the text simultaneously via the Web. While the book's details have changed a bit since the first edition, Lessig's main point is the same. Because of its design, the Internet is perhaps the most "regulable" entity imaginable and, unless its users are careful, it will morph into something that diminishes, rather than enhances, liberty. Moreover, trying to keep the Internet "unregulated" is folly. While this book is sometimes bloated and repetitive, we find that it is still required reading for anyone who cares about the social impact of the most important technology since electrification.
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on 12 July 2000
Laurence Lessig has written a book that ought to make both lawyers and cyberspace specialists think. Contrary to expectations (from a lawyer), Lessig demonstrates excellent skills in the technicalities of cyberspace, and his analysis has interesting bearings on political philosophy and legal philosophy. To the traditional question, 'what is law?', Lessig adds a new (and admittedly controversial) dimention: architecture is part of law. Creating a specific architecture amounts to legislating. The controversial aspect here is whether law can include norms which cannot be disobeyed. Lessig applies this idea to the foundation and continuing transformation of cyberspace. Created by the academic world, the architecture of cyberspace has reflected liberal values. However, it is being conquered by commerce, and this reflects far less liberal regulation. State intervention is usually viewed as restrictive, but Lessig's description raises the question: should, and can, the state intervene to maintain the values of the founding fathers of cyberspace? The law of cyberspace is thus skillfuly analysed in the broader contexts of constitutional law and legal philosophy. If you are on the lookout for fresh vantage points on these fields of inquiry, read Lessig's book.
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VINE VOICEon 14 August 2002
I have to agree partly with another reviewer who says that this is what you would expect from a lawyer. But that is where our agreement ends. Lessig takes a structured approach to what should now be a philosophical, policy oriented discussion. But that is one of the key features of cyberspace. It has created a sense of urgency that encroaches upon the time needed to think what is important. If you understand the technology and policy issues associated with cyberspace, you will find it repetitive. If you wish to take a 'quick read' approach, you will find reading it like a drag through molasses. But if you wish to read it slowly with time to think about issues Lessig raises, I recommend it. As it happens, it is suggested reading in my Tech Policy course at Cambridge, so I am pleased to have 'done' it already!
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on 9 February 2008
If you take Web 2.0 at all seriously then, whatever your political or philosophical persuasion, Larry Lessig's Code: Version 2.0 is a compulsory read. My own political and philosophical persuasion is considerably different from Lessig's and consequently I don't entirely agree with either his conclusions or the weight he attaches to some of his concerns, but I still take my hat off to his methodological and philosophical achievement: Code: Version 2.0 presents a novel and undoubtedly striking re-evaluation of some fundamental social, legal and ethical conceptions and makes an entirely persuasive case that our traditional, deeply-held, and politically entrenched ways of looking at the world simply aren't fit for purpose any more.

Intellectually, this is therefore an extraordinary, eye-opening, paradigm shifting, challenging, exhilarating read. (I note some previous comments that this is a book for lawyers: I'm a lawyer, so perhaps that explains my enthusiasm, but this is no ordinary legal text, and should be of interest to anyone with a political, philosophical or scientific bone in their body.)

Lawrence Lessig charts, with a fair bit of technical specificity, the technical and epistemological grounds for thinking that the internet revolution (and specifically the "Web 2.0" revolution) is as significant as any societal shift in human history. Generally, this is not news for people in the IT industry - who deal with its implications day to day - but for our legal brethren, who tend of be of a conservative (f not technophobic) stripe, this ought to be as revelatory (and revolutionary) as Wat Tyler's march on London. Now we have a hyperlinked, editable digital commons, the assumptions with which we have constructed our society need to be rethunk.

For example, copyright: a law framed in the pre-digital era where there was no ready means to replicate "content" which didn't itself involve considerable labour and expense, it made sense to protect intellectual property in this way. But faced with the new commercial imperatives of the digital age, Lessig argues compellingly that the existing legal framework simply cannot apply, that any attempt to fit it to the new social reality which, QED, must have been beyond the contemplation of the framers of the law is a creative (and therefore potentially illegitimate) legal/political act. Down this path, Lessig's arguments have more interest for consitutional lawyers and may lead the lay reader a little cold.

Lessig provides us with an alternative framework for discussing legal issues like copyright, intellectual property protection and privacy, and is convincing that our old tools for conversing on these issues - which predate the digital revolution in its entirely, let alone the internet revolution or Web 2.0 - just won't give us useful answers to our conundrums. Lessig also re-opens the book on what even counts as law - what we mean by "regulability" - in an environment online where the power exists, by computer code, to create "laws" of a more natural kind - that are laws not because they *should* or *may* not be broken, but because they *cannot* be broken.

Lessig's startling conclusion is therefore to reject entirely the utopian wish, frequently expressed by citizens of the net, that traditional legal controls are dead and that Web 2.0 vouchsafes to us an eternal state of libertarian bliss - but to assert that, quite to the contrary, Web 2.0 is, to use his own ghastly expression, "architected" to allow maximum conceivable regulation, and that activities online are capable of a total regulation that, offline, would never have been feasible. Lessig warns therefore that we stand (or at any rate approach) important political crossroads where the public decisions we make as a community about how we allow internet architecture to develop will have a huge bearing on the development of cyberspace - and therefore our rights and personhood in cyberspace - for the hereafter.

Among the fascinating ideas here, which have application way beyond the legal and digital realms, is the "end-to-end principle", by which the internet is (ugh) architected, which says that for a distributed system to be maximally effective there should be the minimum complexity in the basic network necessary to provide common structure to all users so that they can use the information as flexibly as they want: the complexity should therefore be at the edges of the system and in the hands of the user. Thus the core wiring of the internet is a rudimentary router of tiny packets of data which are then assembled by the end user (in a browser or other application). But the same principle applies to physical transport networks (a road system has less intrinsic complexity than a rail system, for example: the complexity on a road network is pushed to the edge and manifests itself in the vehicles we drive: on a rail network by contrast the train is part of the network), and indeed political and social networks (a liberal political regime has less intrinsic complexity than an interventionist one - the complexity is pushed to the edges of the network and users build that amongst themselves). I thought this was a profound insight, and perhaps has implications beyond the scope of Lessig's thesis, and if properly considered have the effect of mitigating some of the alarm he feels.

Just as he rightly brings the utopians to book for believing their hype about this golden new age of freedom - of course governments and vested interests will figure out the net and how to effectively regulate it, like they have every other social revolution since Wat Tyler's time - I think his own vision is needlessly dystopian. It assumes that code will be able, at some point, to regularly, systematically, reliably and effortlessly know every single fact about every one of us - and hence we are ultimately regulable.

But this isn't realistic. Just as it would be impossible to accurately predict the trajectory of a crisp packet blown across St Mark's Square, no matter how sophisticated your equipment and scientific knowledge, the web is too weird, people's applications for it too dynamic and unpredictable and the "true meaning" of our communications too innately susceptible of multiple interpretations for any code to ever fully get the better of us (not even really close). For example, in my organisation I have spent months, with considerable IT infrastructural support, trying to figure how to reliably capture simple, non-controversial attributes of regular documents which routinely and predictably pass between an easily identified and small community of users across a tightly defined and fully monitored part of our internal computer system - and this has proved so far to be quite impossible. The idea that one might reliably capture deliberately masked communications even from this minute sample seems absurd, and the idea that one could do this across the whole world wide web preposterous.

Just as the spammers and virus programmers keep ahead of the filters, our freedom is adaptable and valuable enough to keep ahead of the Man.

Well, that's the hope, anyway. But in the mean time this book is certainly food for thought. It could not be more highly recommended by this reviewer.

Olly Buxton
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on 31 May 2000
Lessig appears to be one of the only people to actually look at the internet in structural (as he puts it 'architectural') terms. This actually feels substantial in its analysis, and marks a welcome shift away from the 'doom & gloom' or 'brave new world' extremes. As for it being overly legalistic - well, the law courts do generally decide these issues now. "Code" is an essential, if a little spooky, read.
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on 18 January 2000
Im afraid that its what you'd expect from a lawyer - he makes one point involving the fact that the Internet can be regulated if the code which runs it is correct, and then goes on to repeat this over and over again with the occasional explanation of how this might be achieved. If you're interested in constitutional law and how it might affect the Internet's software development then might be worth a toke but otherwise its very turgid and dull.
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