Larry Lessig on Facebook, Apple, and the Future of “Code”

Larry Lessig is an accomplished author, lawyer, and professor, and until recently, was one of the leading active public intellectuals in the Internet space. But as I wrote in my review of his last book (Is Our Republic Lost?), in the past few years Lessig has changed his focus from Internet law to reforming our federal government.

But that doesn’t mean Lessig has stopped thinking about our industry, as the dialog below will attest. Our conversation came about last month after I finished reading Code and Other Laws of Cyberspace, Version 2. The original book, written in 1999, is still considered an authoritative text on how the code of computing platforms interacts with our legal and social codes. In 2006, Lessig “crowdsourced” an update to his book, and released it as “Version 2.0.” I’d never read the updated work (and honestly didn’t remember the details of the first book), so finally, six years later, I dove in again.

It’s a worthy dive, but not an easy one. Lessig is a lawyer by nature, and his argument is laid out like proofs in a case. Narrative is sparse, and structure sometimes trumps writing style. But his essential point – that the Internet is not some open “wild west” destined to always be free of regulation, is soundly made. In fact, Lessig argues, the Internet is quite possibly the most regulable technology ever invented, and if we don’t realize that fact, and protect ourselves from it, we’re in for some serious pain down the road. And for Lessig, the government isn’t the only potential regulator. Instead, Lessig argues, commercial interests may become the most pervasive regulators on the Internet.

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China To Bloggers: Stop Talking Now. K Thanks Bye.

(image) Yesterday I finished reading Larry Lessig’s updated 1999 classic, Code v2. I’m five years late to the game, as the book was updated in 2006 by Lessig and a group of fans and readers (I tried to read the original in 1999, but I found myself unable to finish it. Something to do with my hair being on fire for four years running…). In any event, no sooner had I read the final page yesterday when this story breaks:

Sina, Tencent Shut Down Commenting on Microblogs (WSJ)

In an odd coincidence, late last night I happened to share a glass of wine with a correspondent for the Economist who is soon to be reporting from Shanghai. Of course this story came up, and an interesting discussion ensued about the balance one must strike to cover business in a country like China. Essentially, it’s the same balance any Internet company must strike as it attempts to do business there: Try to enable conversation, while at the same time regulating that conversation to comply with the wishes of a mercurial regime.

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Is Our Republic Lost?

Over the weekend I finished Larry Lessig’s most recent (and ambitious) book, Republic, Lost: How Money Corrupts Congress–and a Plan to Stop It. Amongst those of us who considered Lessig our foremost voice on issues of Internet policy, his abrupt pivot to focus on government corruption was both disorienting and disheartening: here was our best Internet thinker, now tilting at government windmills. I mean, fix government? Take the money out of politics? Better to treat all that as damage, and route around it, right? Isn’t that what the Internet is supposed to be all about?

Well, maybe. But after the wake up call that was PIPA/SOPA, it’s become clear why Lessig decided to stop focusing on battles he felt he couldn’t win (reforming copyright law, for example), and instead aim his intellect at the root causes of why those battles were fruitless. As he writes in his preface:

I was driven to this shift when I became convinced that the questions I was addressing in the fields of copyright and Internet policy depended upon resolving the policy questions – the corruption – that I address (in Republic Lost).

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