Abstract
This essay is a critique of Larry Lessig's book, Code and other Laws of Cyberspace (Basic Books, 1999). It summarizes Lessig's theory of the four modalities of regulation in cyberspace: code, law, markets, and norms. It applies this theory to the topics of privacy and speech, illustrating how code can undermine basic rights or liberties. The review raises questions about the role of ethics in this model, and it argues that ethical principles must be given a privileged position in any theory that purports to deal with the shaping of behavior in cyberspace. Finally, it proposes a philosophy of ethical self-regulation instead of an over-reliance on government policy to deal with certain improprieties and negative externalities that tend to disrupt the Net.
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