The Disappearance of Cyberspace and the Rise of Code
September 1998, Draft 3 Andrew L. Shapiro* The Disappearance of Cyberspace and the Rise of Code Imagine the emergence of a remarkable new communications technology. Using this tool, you can interact with anyone located anywhere in the world, provided they have the same minimal hardware that you have. You can stay informed, express yourself in ways never before imaginable, and get access to all the knowledge ever recorded by humankind. This technology fundamentally changes education, work, family life, entertainment, politics, and the economy. Still, it is fairly simple to use. Kids, in fact, will have an easier time than adults learning to use it. Once you get accustomed to using this technology, you'll wonder how you ever lived without it. No single person created this mode of communicating. Rather it developed spontaneously and collectively over time. And today, no single entity owns it or controls it, yet it works remarkably well. Most surprising of all, this innovation is thousands of years old. It is the alphabet. Coyness aside, it is useful to think about the alphabet as we consider the emergence of another communications technology, the Internet. In particular, this comparison will be fruitful as we consider the legal and political implications of the Internet -- or cyberspace, the "place" where online interactions are said to occur. We do not generally think of ourselves as having, or needing, a formal law of the alphabet. Similarly, I will argue here that we should think critically about what we mean when we speak of the “law of cyberspace.” To be sure, the increasing use of new technologies -- particularly a global, interactive, digital communications network such as the Internet -- can profoundly alter social relations.
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