diff --git a/literature/notes b/literature/notes index 2f149a68a674c13fce32e35e062e205de184f125..a4b83b0a13bf55b0a52551b724f5ac5c89091d5e 100644 --- a/literature/notes +++ b/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) + ====================================================================== \cite{Geiger2014}