Some code may render other code obsolete, but only if this other code allows it
Some code may render other code obsolete, but only if this other code allows it
Pieter Kleve and Richard de Mulder
Centre for computer science and law
Faculty of law
Erasmus University Rotterdam
Cyberspace as a metaphor for a community inspires many to interesting contemplations. But with a metaphor for a starting point, one needs a lot of luck to end up with a right analysis. The problem with Lessig’s code seems to be, that cyberspace as a community is not the only metaphor presented. So is ‘code is law’.
Code – that is the internet’s architecture, software and protocols – is not law, of course. Code is technology, and technology is usually not understood to be (legal) code. Instead of mixing the two up, for a proper understanding of how technology and law interact it might be better separating them.
In this paper authors will first present a model for analysing the questions raised by Lessig and others. Next they will indicate a characteristic of information technology that can be considered causal to these questions. Based on this model authors will then elaborate on some of the issues. The conclusion is, that the concern of Lessig and others will probably fade when information technology becomes more assimilated in society.
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