Code 2.0

73.

See Red Lion Broadcasting Company v. Federal Communications Commission, 395 US 367, 375–77 (1969); National Broadcasting Company v. United States, 319 US 190, 212–13 (1943). Thomas Hazlett makes a powerful critique of Frankfurter's history of the emergence of any necessity for FCC regulation; see Thomas W. Hazlett, 'Physical Scarcity, Rent Seeking, and the First Amendment,' Columbia Law Review 97 (1997): 905, 933–34.

74.

See Turner Broadcasting System, Inc. v Federal Communications Commission, 512 US 622, 637–38 (1997); see also Huber, Law and Disorder in Cyberspace.

75.

See National Broadcasting Company, Inc. v. Columbia Broadcasting System, 213.

76.

See Ronald H. Coase, 'The Federal Communications Commission,' Journal of Law and Economics 2 (1959): 1.

77.

Paul Starr, The Creation of Media: Political Origins of Modern Communications (Basic Books, 2004), 25–46.

78.

Yochai Benkler, 'Net Regulation: Taking Stock and Looking Forward,' University of Colorado Law Review 71 (2000): 1203.

79.

See, for example, research at MIT to build viral mesh networks which increase in capacity as the number of users increases. Collaborative (Viral) Wireless Networks, available at http://web.media.mit.edu/~aggelos/viral.html (cached: http://www.webcitation.org/5J6nWkYbP).

80.

Ethernet effectively functions like this. Data on an Ethernet network are streamed into each machine on that network. Each machine sniffs the data and then pays attention to the data intended for it. This process creates an obvious security hole: 'sniffers' can be put on 'promiscuous mode' and read packets intended for other machines; see Loshin, TCP/IP Clearly Explained, 44–46.

81.

See Yochai Benkler and Lawrence Lessig, 'Net Gains,' New Republic, December 14, 1998.

82.

The founder of this argument must be Eli Noam; see 'Spectrum Auctions: Yesterday's Heresy, Today's Orthodoxy, Tomorrow's Anachronism — Taking the Next Step to Open Spectrum Access,' Journal of Law and Economics 41 (1998): 765. Benkler has spiced it up a bit (in my view, in critical ways) by adding to it the value of the commons. For an extraordinarily powerful push to a similar political (if not technological) end, see Eben Moglen, 'The Invisible Barbecue,' Columbia Law Review 97 (1997): 945. Moglen notes the lack of debate regarding the sociopolitical consequences of carving up telecommunication rights at the 'Great Barbecue' and draws a parallel with the Gilded Age's allocation of benefits and privileges associated with the railroad industry.

Part IV Notes

Chapter Fourteen Notes

1.

Audio Tape: Interview with Philip Rosedale 2 (1/13/06) (transcript on file with author).

2.

Ibid., 4–6.

3.

Ibid., 5.

4.

Castronova, Synthetic Worlds, 207.

5.

Ibid., 216.