Com546 Reflection on ‘Code Version 2.0′ Lawrence Lessig

In ‘Code Version 2.0′ Stanford University Law Professor Lawrence Lessig writes that cyberspace presents a new way to change the rules of communication and human interaction by using the underlying technology to fix problems.

“It is this capacity that raises the question that is at the core of this book: What does it mean to live in a world where problems can be coded away? And when, in that world, should we code problems away, rather than learn to work them out, or punish those who cause them? P. 30″

Lessig is one of the world’s most prominent intellectuals opposing current copyright law. He cofounded Creative Commons, a group which has established method of copyright which allows artists and creators to permit fair use of their material rather than lock in copyright that seeks to maximize profit at every step of the way. He argued before the Supreme Court against Microsoft’s monopolistic practices and in a second case, against companies trying to lock in copyright for all time.

Lessig is not a wide-eyed utopian on cyber issues he does have a romantic belief in the power of technology to change the rules online.

“…technology constitutes the environment of the space, and it will give us a much wider range of control over how interactions work in that space than in real space. Problems can be programmed or “coded” into the story, and they can be “coded” away”.

Really? Even in online video games where players share a worldview, some hack into the code to subvert the rules. In the larger cyber world where the problems are broader and more complex than a video game achieving consensus on code is at best challenging and at worst impossible. Even if there is agreement on what the code should be how would this consensus be enforced? Since the dawn of code computer hackers have been able to change and circumvent code. Open source code, which Lessig embraces, makes modification even easier.  Using code to establish control seems fraught with problems.

Lessig approvingly quotes Mitch Kapor – ‘(web) architecture is its politics’. Code has political implications but it is not politics. Politics is the imprecise humanistic science of governing.  Code is the binary science of numbers. Change in politics involves people and their relationships, exercise of persuasion and power, persistence and incremental movement.  Change in code means one person changing numbers. A better analogy would be that code is like laws. Law arises from the messy process of getting people to agree or respectfully disagree.

I’m not suggesting this is a strong enough reason to dismiss the importance of the code in establishing the rules of the road in cyberspace. But Lessig would probably agree it’s only a first step. Even as code encourages and discourages certain behavior, how do we deal with those who refuse to play by the rules and subvert the code?

Government is the obvious agency to establish code standards but Lessig is doubtful of government’s ability because he doesn’t think current government officials understand cyberspace well enough to regulate. Lessig also has a general mistrust of government. His first concern may be allayed when President Barack Obama takes office. The two were close colleagues at the University of Chicago Law School. And Lessig may get the opportunity to become part of government. He’s been mentioned as a possible appointee to the Federal Communications Commission in the Obama administration.