Finish Code v2 summary

literature/notes

@@ -1229,6 +1229,155 @@ right to believe it or not, the journals were wrong. Woo-Suk was a fraud, and
 he hadn’t cloned stem cells, or anything else worth the attention of the
 world." (243-244)
 
+"if we rely upon pri-
+vate action alone, more speech will be blocked than if the government acted
+wisely and efficiently." (p.255)
+
+"The private filters the market has produced so far are both expensive and
+over-inclusive. They block content that is beyond the state’s interest in regu-
+lating speech. They are effectively subsidized because there is no less restrictive
+alternative."(p.256)
+
+"If that filtering
+were in private software, there would be no opportunity to fight it through
+legal means."(p.256)
+
+"The filtering regime would establish an architecture that could
+be used to filter any kind of speech"(p.258)
+
+"In real space we do not have to worry about this problem too much
+because filtering is usually imperfect.[...] All sorts of issues I’d rather not think about
+force themselves on me. They demand my attention in real space, regardless
+of my filtering choices." (p.259)
+"We must confront the problems of others and
+think about issues that affect our society. This exposure makes us better citi-
+zens. 52 We can better deliberate and vote on issues that affect others if we
+have some sense of the problems they face"(p.259)
+
+citing Ithiel de Sola Pool:
+"The cohesion and effective functioning of a democratic
+society depends upon some sort of public agora in which everyone participates
+and where all deal with a common agenda of problems, however much they
+may argue over the solutions."(p.260)
+
+"Less law does not necessarily mean more freedom.”"(p.268)
+
+"Copyright law regulates, at a
+minimum, “copies.” Digital networks function by making “copies”"(p.268)
+
+"A significant
+portion of creative activity has now moved from a free culture to a permission
+culture."(p.269)
+
+"Among those are at least the requirements that copyright not regulate
+“ideas,” and that copyright be subject to “fair use.”
+But these “traditional First Amendment safeguards” were developed in a
+context in which copyright was the exception, not the rule."(p.269)
+
+"How much control should we allow over
+information, and by whom should this control be exercised?"(p.276)
+
+Chapter 14
+
+"Sometimes, in other words, better code can weaken community." (p.284)
+
+"And with the exception of Wikipedia, and “A Tale in the Desert,” there
+are very few major Internet or cyberspace institutions that run by the rule of
+the people." (p.285)
+
+merchant-sovereignty
+"The power you have over these institutions is your ability to exit." (p.287)
+"What makes them work well
+is this competition among these potential sources for your custom."(p.287)
+
+"There are no states that get to say to
+their citizens: “You have no right to vote here; if you don’t like it, leave.”"
+
+citizen sovereignties: churches, universities, social clubs, where we are members and not just mere consumers
+
+"We are remaking the values of the
+Net, and the question is: Can we commit ourselves to neutrality in this recon-
+struction of the architecture of the Net?" (p.292)
+"I don’t think that we can. Or should. Or will" (p.293)
+
+"cyberspace has no intrinsic nature." (p.317)
+"They were making, not finding, the nature of cyberspace; their
+decisions are in part responsible for what cyberspace will become."
+"over time courts will see that there is little in cyberspace that is “natural.”"
+"What was “impossible” will later become possible"
+
+In a nutshell:
+"Cyberspace, however, has different architectures, whose regulatory power
+are not so limited. An extraordinary amount of control can be built into the
+environment that people know there. What data can be collected, what
+anonymity is possible, what access is granted, what speech will be heard—all
+these are choices, not “facts.” All these are designed, not found." (p.318)
+
+"pathetic resignation that most of us feel about the
+products of ordinary government." (p.322)
+"We have lost the idea that ordinary government might work, and so deep is
+this despair that not even government thinks the government should have a
+role in governing cyberspace."
+"One central cause of the dysfunction of government is the corruption
+suggested by the way government is elected"
+
+"To raise this money, members of Congress must spend their time making
+those with money happy. They do this by listening to their problems, and
+sometimes, pushing legislation that will solve those problems."
+"This is not capitalism as much as lobby-ism." (p.323)
+
+"the failure is not even to try." (p.324)
+"Courts are disabled, legisla-
+tures pathetic, and code untouchable. That is our present condition. It is a
+combination that is deadly for action"
+
+"It is an important check on government power to say that the only
+rules it should impose are those that would be obeyed if imposed transparently." (p.328)
+"What a code regulation does
+should be at least as apparent as what a legal regulation does. Open code
+would provide that transparency—not for everyone (not everyone reads
+code), and not perfectly (badly written code hides its functions well), but
+more completely than closed code would."
+
+"Some closed code could provide this transparency.[...] Componentized architecture could be as transparent as an
+open code architecture, and transparency could thus be achieved without
+opening the code." //I'm not quite sure I agree
+
+"The best code (from the perspective of constitutional values) is both
+modular and open."
+
+"We are all still democrats; we simply do not like what our
+democracy has produced. And we cannot imagine extending what we have to
+new domains like cyberspace" (p.330)
+
+"The cost of “piracy” is significantly less
+than the cost of spam. Indeed, the total cost of spam—adding consumers to
+corporations—exceeds the total annual revenues of the recording industry."(p.337)
+
+"But we can’t translate skepticism into disengagement" (p.338)
+
+"once instituted, architectural constraints have their effect until
+someone stops them." (p.343)
+
+"Architecture and the market constrain up front; law and norms let you play
+first." (p.343)
+
+"For those who are fully mature, or fully integrated, all objective con-
+straints are subjectively effective prior to their actions. They feel the con-
+straints of real-space code, of law, of norms, and of the market before they act.
+For the completely immature, or totally alienated, few objective constraints
+are subjectively effective." (p.344)
+
+"Law and norms are more efficient the
+more subjective they are, but they need some minimal subjectivity to be effec-
+tive at all. The person constrained must know of the constraint. A law that
+secretly punishes people for offenses they do not know exist would not be
+effective in regulating the behavior it punishes."
+
+"Architectural constraints, then, work whether or not the subject knows
+they are working, while law and norms work only if the subject knows some-
+thing about them." (p.345)
+
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 \cite{Geiger2014}