Climbing the Walls of Your Electronic Cage

Abstract

There is much debate regarding the Internet's effect on the liberty of the individual and how this liberty is best preserved. In his article entitled Climbing the Walls of Your Electronic Cage, Professor Steven Hetcher surveys Professor Lawrence Lessig's Code: And Other Laws of Cyberspace, in which Professor Lessig attempts to provide an answer to this debate. Professor Lessig's Code argues that the liberty of the Internet must be preserved and that this should be accomplished through the use of computer code and a constitution. Code primarily argues that open computer code should be used to regulate the Internet. Open code reveals its source and closed code does not. Open code is not owned by large corporate entities subject to the influence of governmental interests. Open source code is less regulable then closed source code and regulability is inversely related to liberty. Therefore, because liberty should be protected, open code should be protected. In supporting open source code, Professor Lessig advocates a constitution for cyberspace (constitution in the British sense as opposed to the American). Professor Hetcher notes that Professor Lessig provides no guidance as to the form or substance of the constitution, and the constitution appears problematic in that Professor Lessig suggests that Americans may craft this constitution, which is in contrast to the international reach of the Internet. However, the importance of Professor Lessig's constitution comes from the fact that it is suggested as a solution, not the suggestion of the details of a possible constitution. Professor Lessig disagrees with the popular sentiment that the Internet should be left alone to regulate itself, an attitude he terms do-nothingness. He describes such individuals as Internet libertarians. He argues that these individuals have failed to take into account the Internet's changes since its inception that make it more regulable. Professor Hetcher agrees with this argument. Professor Lessig then addresses the relationship between regulability and freedom and concludes that consumers' ability to use the Internet freely (i.e, without their personal information being gathered) leads to greater freedom. Professor Hetcher notes that this relationship may be more complex than Professor Lessig suggests and that there are instances when consumers are benefited and able to act more freely when others possess their personal data. Professor Hetcher suggests the Internet may be changing to a contractarian model where individuals can actively choose to selectively bargain away their personal information. Professor Lessig's Code provides an intentionally scary account of the future of the Internet if free from regulation. Professor Lessig predicts a future where individual's options, choices, and movements are regulated as a result of the use of closed code on the Internet. To prevent such a future Professor Lessig advocates the preservation of the use of open code. Professor Hetcher recognizes the importance of altering the direction in which modern techno-society is heading, but notes there are other options, such as governmental regulations, that should be considered in attempting to avoid a future where Internet users find themselves wired in.