Code 2.0

adopted an article in its 1924 code of ethics stating that 'a Realtor should never be instrumental in introducing into a neighborhood . . . members of any race or nationality . . . whose presence will clearly be detrimental to property values in that neighborhood' (citing Rose Helper, Racial Policies and Practices of Real Estate Brokers [1969], 201); they also note that the Fair Housing Authority advocated the use of race- restrictive covenants until 1950 (citing Kenneth T. Jackson, Crabgrass Frontier: the Suburbanization of the United States [1985], 208); American Apartheid: Segregation and the Making of the Under Class (Cambridge, Mass.: Harvard University Press, 1993), 37, 54.

62.

See Massey and Denton, American Apartheid.

63.

Michael Froomkin points to the Clipper chip regulations as another example. By using the standards-setting process for government purchases, the federal government could try to achieve a standard for encryption without adhering to the Administrative Procedure Act. 'A stroke of bureaucratic genius lay at the heart of the Clipper strategy. Congress had not, and to this date has not, given the executive branch the power to control the private use of encryption. Congress has not even given the executive the power to set up an escrow system for keys. In the absence of any formal authority to prevent the adoption of unescrowed cryptography, Clipper's proponents hit upon the idea of using the government's power as a major consumer of cryptographic products to rig the market. If the government could not prevent the public from using nonconforming products, perhaps it could set the standard by purchasing and deploying large numbers of escrowed products'; 'It Came from Planet Clipper,' 15, 24, 1–33.

64.

See The Industry Standard, available at http://www.lessig.org/content/standard/0,1902,4165,00.html (cached: http://www.webcitation.org/5IwtxT699).

65.

See 'Legal Eagle' (letter to the editor), The Industry Standard, April 26, 1999 (emphasis added).

Chapter Eight Notes

1.

Castronova, Synthetic Worlds, 207.

2.

Declan McCullagh, 'It's Time for the Carnivore to Spin,' Wired News, July 7, 2000, available at http://www.wirednews.com/news/politics/0,1283,37590,00.html (cached: http://www.webcitation.org/5Iwu1qK22).

3.

Ann Harrison, 'Government Error Exposes Carnivore Investigators; ACLU Blasts Team for Close Ties to Administration,' Computerworld, October 5, 2000, available at http://www.computerworld.com/governmenttopics/government/policy/story/0,10801,51991,00.html (cached: http://www.webcitation.org/5Iwu4DXO9). This concern was strongly criticized. See Center for Democracy and Technology, 'Cryptography,' available at http://www.cdt.org/crypto/ (cached: http://www.webcitation.org/5Iwu6i0DW).

4.

The Mitre Corporation did examine a related question for the military. See Carolyn A. Kenwood, A Business Case Study of Open Source Software (Mitre Corporation: 2001).

5.

See Bush v. Gore, 531 U.S. 98, 126 (2000) (Stevens, J., dissenting).

6.

Di Franco et al., 'Small Vote Manipulations Can Swing Elections,' Communications of the ACM, Volume 47, Number 10 (2004), 43–45, available at http://portal.acm.org/citation.cfm?id=1022621 (cached: http://www.webcitation.org/5J6iADqIe).

7.

For an extraordinarily troubling account that raises much more than suspicion, see Robert F. Kennedy, Jr., 'Was the 2004 Election Stolen?,' Rolling Stone (June 2006).

8.

David E. Ross, PGP: Backdoors and Key Escrow , 2003, available at http://www.rossde.com/PGP/pgp_backdoor.html (cached: http://www.webcitation.org/5J6iChNNs).

9.

Craig Hunt, TCP/IP: Network Administration (Sebastopol, Calif.: O'Reilly and Associ ates, 1997), 1–22, 6, 8; Loshin, TCP/IP: Clearly Explained, 13–17.