To: Daniel Schuh who wrote (14906 ) 12/15/1997 5:09:00 AM From: Daniel Schuh Read Replies (3) | Respond to of 24154
Theorist on Cyberspace Law Studies Microsoft Browser Case nytimes.com Into the epic legal battle between the world's most powerful software corporation and the U.S. government, enter the quixotic Lawrence Lessig, a 36-year-old Harvard law professor who speaks softly and espouses radical new - and stubbornly non-partisan - ideas about how traditional legal principles translate into cyberspace. Hey, it's the O.J. trial for us techno-political wonks! The good gray NYT hits the streets tomorrow with an article that may give pause to many.Lessig, whose father's steel fabricating company built bridges up and down the East Coast while he was growing up, has spent the last several years formulating legal bridges between physical space and cyberspace. Driving much of his scholarship is the concern that, almost unnoticed, computer code has taken on the governing properties of law - and moreover, that it is a more potent regulator of behavior than law could ever hope to be. Unless Constitutional principles like free speech and privacy protection are consciously transported into the electronic domain and embedded in its architecture, Lessig has argued, the "tyranny of code" will dominate. Sounds good to me."There is a question of when something becomes unlawful 'tying,' and how that analysis is different when you are dealing with technology as the bundler," said David Post, a law professor at Temple University and co-director of the Cyberspace Law Institute. "I think it's fair to conclude from his writing that Larry is suspicious about the market power over the basic architectural features of this landscape, which means the operating system." Sheesh, so am I, especially given the sundry Microsoftese definitions of "OS". Of course, "market power" is sort of a funny term in this context, all the OEM arm twisting shielded behind NDA's, topped off with that nice "see us before you even think about spilling the beans to the feds"... It all seems a little antithetical to classical "free and open markets", but what do I know. All part of that integrity and uniformity thing, I guess. Meanwhile, on a subject that gave me pause, Lessig's association with my beloved alma mater, we have this:Cass Sunstein, a law professor at Chicago who along with Lessig helped pioneer a new doctrine they call the "New Chicago School," warns against jumping to any conclusions about his former colleague's political alignment. "I would be very cautious about assuming because he has been a Chicago affiliate that he has the usual Chicago view on antitrust law," Sunstein said. "He may, but he's an independent thinker. In fact, he's a very independent thinker." ... After studying philosophers in England at Cambridge University's Trinity College, however, Lessig returned to the United States to attend law school with a new political outlook. He dabbled in the postmodernist Critical Legal Studies movement, which attacks law as a tool of the powerful. But colleagues say he may have been unable to subscribe to such theories because he is too driven by a belief in traditional legal values and law's power to promote social progress and remedy injustice. Very interesting indeed. I think, perhaps, this little skirmish might escalate much faster than I had thought. Stay tuned. Cheers, Dan.