Code 2.0

54.

See Jerome H. Saltzer et al., 'End-to-End Arguments in System Design,' in Integrated Broadband Networks, edited by Amit Bhargava (New York: Elsevier Science Publishing Co., 1991), 30.

55.

Susan P. Crawford, 'Symposium, Law and the Information Society, Panel V: Respon sibility and Liability on the Internet, Shortness of Vision: Regulatory Ambition in the Digital Age,' Fordham Law Review 74 (2005) 695, 700–701.

56.

Audio Tape: Interview with Philip Rosedale (1/13/06) (on file with author).

57.

See Lessig, Free Culture: The Nature and Future of Creativity, 330, n.9: Fisher's proposal is very similar to Richard Stallman's proposal for DAT. Unlike Fisher's, Stallman's proposal would not pay artists directly proportionally, though more popular artists would get more than the less popular. See http://www.wired.com/wired/archive/1.03/1.3_stallman.copyright.html (cached: http://www.webcitation.org/5IwteUMWm).

58.

See Audio Home Recording Act, 17 USC 1002 (1994) (requiring the serial copy man agement system); see also U.S. Department of Commerce, Intellectual Property and the National Information Infrastructure: Report of the Working Group on Intellectual Property Rights (Washington, D.C.: Information Infrastructure Task Force, 1995), 179, 189–90.

59.

See 47 CFR 15.120; see also Telecommunications Act of 1996 Pub.L. 104–104, 551, 110 Stat. 56, 139–42 (1996), 47 USC 303 (1998) (providing for study and implementation of video blocking devices and rating systems).

60.

The consequence of an efficient v-chip on most televisions would be the removal of the standard justification for regulating content on broadcasting. If users can self-filter, then the FCC need not do it for them; see Peter Huber, Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm (New York: Oxford University Press, 1997), 172–73.

61.

Digital Millenium Copyright Act, 17 U.S.C. –– 512, 1201–1205, 1201(a)(2), 1201(b)(1)(A) (1998).

62.

See Electronic Frontier Foundation, 'DVD-CCA v. Bunner and DVD-CCA v. Pavlovich' available at http://www.eff.org/IP/Video/DVDCCA_case/ (cached: http://www.webcitation.org/5Iwth71IJ); DVD Copy Control Association, Inc. v. Bunner, 31 Cal. 4th 864 (Cal. 2003); Pavlovich v. Superior Court, 29 Cal. 4th 262 (Cal. 2002); Universal Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001).

63.

Archive of developments involving Dmitri Sklyarov, his arrest, and trial, available at http://www.freesklyarov.org/ (cached: http://www.webcitation.org/5IwtkEBvu).

64.

Electronic Frontier Foundation, 'Unintended Consequences: Seven Years Under the DMCA,' available at http://www.eff.org/IP/DMCA/?f=unintended_consequences.html (cached: http://www.webcitation.org/5IwtoW6Wo).

65.

See Chamberlain Group, Inc. v. Skylink Technologies, Inc., 544 U.S. 923 (2005).

66.

Crawford, 'Symposium, Law and the Information Society, Panel V,' 695, 710.

67.

The most significant cost is on innovation. If the broadcast flag requirement reaches any device capable of demodulating digital television, then its requirement reaches any digital device on the network. It would be the first time network applications would have to comply with a technical mandate of such breadth, and it would be an unmanageable burden for open source and free software deployments.