type='note' xlink:href='#appendix_note_11'>[11] This is the feature to focus on.
My suggestion is that if we relativize regulators — if we understand how the different modalities regulate and how they are subject, in an important sense, to law — then we will see how liberty is constructed, not simply through the limits we place on law, but by structures that preserve a space for individual choice, however that choice may be constrained.
We are entering a time when our power to muck about with the structures that regulate is at an all-time high. It is imperative, then, that we understand just what to do with this power. And, more importantly, what not to do with it.
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Preface to second edition notes
The wiki lives on at http://socialtext.net/codev2.
Preface to first edition notes
Sixth Conference on Computers, Freedom and Privacy. See http://mit.edu/cfp96 (cached: http://www.webcitation.org/5IwlHWL7h
See Katie Hafner and Matthew Lyon, Where Wizards Stay Up Late (New York: Simon and Schuster, 1996), 10: 'Taylor had been the young director of the office within the Defense Department's Advanced Research Projects Agency overseeing computer research . . . Taylor knew the ARPANET and its progeny, the Internet, had nothing to do with supporting or surviving war . . .'
Paulina Borsook, 'How Anarchy Works,' Wired 110 (October 1995): 3.10, available at http://www.wired.com/wired/archive/3.10/ietf.html (cached: http://www.webcitation.org/5IwlNFFFn), quoting David Clark.
James Boyle, talk at Telecommunications Policy Research Conference (TPRC), Washington, D.C., September 28, 1997. David Shenk discusses the libertarianism that cyberspace inspires (as well as other, more fundamental problems with the age) in a brilliant cultural how-to book that responsibly covers both the technology and the libertarianism; see Data Smog: Surviving the Information Glut (San Francisco: Harper Edge, 1997), esp. 174–77. The book also describes technorealism, a responsive movement that advances a more balanced picture of the relationship between technology and freedom.
See Kevin Kelley, Out of Control: The New Biology of Machines, Social Systems, and the Economic World (Reading, Mass.: Addison-Wesley, 1994), 119. The term 'cybernetics' was coined by a founder of much in the field, Norbert Wiener. See Cybernetics: Or Control and Communication in the Animal and the Machine (Cambridge, Mass.: MIT Press, 1965). See also Flo Conway and Jim Siegelman, Dark Hero of the Information Age: In Search of Norbert Wiener, The Father of Cybernetics (New York: Basic Books, 2004).
Siva Vaidhyanathan, 'Remote Control: The Rise of Electronic Cultural Policy,' Annals of the American Academy of Political and Social Science 597, 1 (January 1, 2005): 122.
See William J. Mitchell, City of Bits: Space, Place, and the Infobahn (Cambridge, Mass: MIT Press, 1995), 111. In much of this book, I work out Mitchell's idea, though I drew the metaphor from others as well. Ethan Katsh discusses this notion of software worlds in 'Software Worlds and the First Amendment: Virtual Doorkeepers in Cyberspace,' University of Chicago Legal Forum (1996): 335, 338. The best current effort is R. Polk Wagner, 'On Software Regulation,' Southern California Law Review 78 (2005): 457, 470–71.
Joel Reidenberg discusses the related notion of 'lex informatica' in 'Lex Informatica: The Formulation of Information Policy Rules Through Technology,' Texas Law Review 76 (1998): 553.
Oliver Wendell Holmes, Jr., 'The Path of the Law,' Harvard Law Review 10 (1897): 457.
Mark Stefik, 'Epilogue: Choices and Dreams,' in Internet Dreams: Archetypes, Myths, and Metaphors, edited by Mark Stefik (Cambridge, Mass.: MIT Press,
