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Law is hard. Code is harder. Why new internet and software architecture will define the future of society

From left: Lawrence Lessig, Vinay Gupta, Srikant Nadhamuni. Picture of VInay by @charmermar, the other two by me.

Something which Vinay Gupta said the other day brought together several strands in my head. Vinay called it Foreign Policy by Internet Protocol. It is short enough to be quoted in full:

Foreign Policy by Internet Protocol
1. 5.1 billion cell phones, soon to be 7 billion smart phones on 3G networks
2. increasingly valuable services delivered over international borders, like Google
3. global shared knowledge bases like wikipedia or satellite maps
4. telemedicine, tele-engineering, micro-consultancy, social media and so on as the tools spread into new areas of life

Non-state actors conducting FPIP include WikiLeaks, Appropedia and many other groups. Currently it’s not at all clear that any state has begun to effectively deliver FPIP.

Vinay Gupta, Foreign Policy by Internet Protocol (2011) [1]

If you combine the thought that our communications infrastructure is going to start dictate how we think about the world with what Laurence Lessig says: “The Code is the Law”. Then a number of things which are going on in the world today can be seen in a very different perspective than what you see in your average newspaper opinion piece.

Of course, Lessig was years ahead of me thinking about this, in his piece The Code is the Law from 1999 he says [2]:

“The single most significant change in the politics of cyberspace is the coming of age of this simple idea: The code is law. The architectures of cyberspace are as important as the law in defining and defeating the liberties of the Net.”
Lawrence Lessig, The Code is the Law (1999)

The Code is the Law

Consider the example of copying of copyrighted works. You break a multitude of rules and laws if you copy a copyrighted work. Some countries are trying to implement some pretty draconian laws to stop copying over the internet, like the three strikes and your are cut off laws [3], which are met with quite a lot of resistance at the moment. But that hasn’t really stopped anyone from actually breaking these laws. The flow of information over peer-to-peer (P2P) networks is increasing and new laws seem to have short term effect on peoples behavior [4].

Google holds billions of images on their giant server farms with caches of images from web sites. According to the letter of the law they are breaking the copyright law when doing that. YouTube’s HTML 5 trials made it possible to download every video on YouTube to your computer (they seem to have disabled that again) and there is an enormous amount of material which breaks the copyright laws and rules on YouTube. There are some ongoing big lawsuits against Google, who owns YouTube, but in essence, for most people and companies YouTube is more useful than it is a threat, despite what the law says. Add to this that the function of the internet requires that you make a copy of a web page or a picture to actually view it on your computer, and it is trivial to copy it from the web browser cache to save it for later.

In short, the architecture of the internet has a stronger influence on how people behave than what the law says, as long as the majority of the people see a significant benefit.

The extension of this is that software architecture starts defining how our society behaves. Furthermore, I think that internet architects and coders who build useful systems, may in the long run, have a bigger influence on our future society than politicians and the traditional power-brokers have. Why do I believe this?

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Filed under: India, ITC technology, Social and economic policy

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Co-founder/director: Akvo Foundation

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