Code 2.0

31.

Viktor Mayer-Sch–nberger and Teree E. Foster, A Regulatory Web: Free Speech and the Global Information Infrastructure , 3 Mich. Telecomm. Tech. L. Rev. 45, 45 (1997).

32.

I describe this example at the state level, but the regime I'm imagining would work at the level of nation- states, not U.S. states.

33.

See Minnesota Statute 609.75, subd. 2–3, 609.755(1) (1994), making it a misde meanor to place a bet unless done pursuant to an exempted, state-regulated activity, such as licensed charitable gambling or the state lottery. Internet gambling organizations are not exempted.

34.

See Scott M. Montpas, 'Gambling Online: For a Hundred Dollars, I Bet You Govern ment Regulation Will Not Stop the Newest Form of Gambling,' University of Dayton Law Review 22 (1996): 163.

35.

Or at least it could work like this. Depending on the design, it could reveal much more.

36.

See 18 USC 1955 (regulating businesses, defining interstate 'illegal gambling' as gam bling that occurs in a state in which it is illegal).

37.

As described above, see supra Chapter 5, note 38, within six months, one of the founders of Google was having second thoughts. See Clive Thompson, 'Google's China Problem (And China's Google Problem),' New York Times, April 23, 2006, Section 6, p. 64.

38.

See Wikipedia, 'List of Words Censored by Search Engines in Mainland China,' avail able at http://en.wikipedia.org/wiki/List_of_words_blocked_by_search_engines_in_Mainland_China (cached: http://www.webcitation.org/5J6nnL3sm).

Part V Notes

Chapter Sixteen Notes

1.

Missouri v. Holland, 252 US 416, 433 (1920).

2.

See, for example, Jack N. Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution (New York: Alfred A. Knopf, 1996), 289–90; see also Akhil Reed Amar, 'The Bill of Rights as a Constitution' (Yale Law Journal 100 [1991]: 1131), for another such understanding of the Bill of Rights.

3.

This is not to deny that some aspects of the equality delineated in the Civil War amend ments echoed in our constitutional past. The abolitionists, of course, made great weight of the Declaration of Independence's claims to equality; see, for example, Trisha Olson, 'The Natural Law Foundation of the Privileges or Immunities Clause of the Fourteenth Amendment,' Arkansas Law Review 48 (1995): 347, 364. An amendment can be transformative, however, even if it is simply recalling a part of the past and reestablishing it — as Germany did, for example, after World War II.

4.

See Plessy v. Ferguson, 163 US 537 (1896).

5.

See A. Leon Higginbotham Jr., 'Racism in American and South African Courts: Simi larities and Differences,' New York University Law Review 65 (1990): 479, 495–96.

6.

These laws permitted compelled labor to pay a debt; see Bailey v. Alabama, 219 US 219 (1911) (striking peonage laws under the Thirteenth Amendment).

7.

Brown v. Board of Education, 347 US 483 (1954).