NOTES ACKNOWLEDGMENTS INDEX Notes Introduction 1. The manifesto dates back to 1988. See Timothy May, “The Crypto Anarchist Manifesto” (1992), https:// www . activism . net / cypherpunk / crypto - anarchy . html. 2. Ibid. 3. Ibid. 4. Ibid. 5. Ibid. 6. Timothy May, “Crypto Anarchy and Virtual Communities” (1994), http:// groups . csail . mit . edu / mac / classes / 6 . 805 / articles / crypto / cypherpunks / may - virtual - comm . html. 7. Ibid. 8. For example, as we wi ll describe in more detail in Chapter 1, the Bitcoin blockchain is currently stored on over 6,000 computers in eighty- nine jurisdictions. See “Global Bitcoin Node Distribution,” Bitnodes, 21 . co, https:// bitnodes . 21 . co / . Another large blockchain- based network, Ethereum, has over 12,000 nodes, also scattered across the globe. See Ethernodes, https:// www . ethernodes . org / network / 1. 9. See note 8. 10. Some blockchains are not publicly accessible (for more on this, see Chapter 1). These blockchains are referred to as “private blockchains” and are not the focus of this book. 11. See Chapter 1. 12. The Eu ro pean Securities and Market Authority, “Discussion Paper: The Dis- tributed Ledger Technology Applied to Securities Markets,” ESMA / 2016 / 773, June 2, 2016: at 17, https:// www . esma . europa . eu / sites / default / files / library / 2016 - 773 _ dp _ dlt . pdf. 213 214 NOTES TO PAGES 5–13 13. The phenomena of order without law also has been described in other con- texts, most notably by Robert Ellickson in his seminal work Order without Law (Cambridge, MA: Harvard University Press, 1994). 14. Joel Reidenberg has used the term “lex informatica” to describe rules imple- mented by centralized operators online. See Joel R. Reidenberg, “Lex Informatica: The Formulation of Information Policy Rules through Technology,” Texas Law Re- view 76, no. 3 (1997): 553–593. 15. Jack Goldsmith and Tim Wu, Who Controls the Internet? Illusions of a Bor- derless World (Oxford: Oxford University Press, 2006); Jacqueline D. Lipton, “Law of the Intermediated Information Exchange,” Florida Law Review 64 (2012): 1337–1368. 16. Lawrence Lessing, Code: And Other Laws of Cyberspace (New York: Basic Books, 1999). 17. A. Aneesh, “Technologically Coded Authority: The Post- industrial Decline in Bureaucratic Hierarchies,” https:// web . stanford . edu / class / sts175 / NewFiles / Algocratic%20Governance . pdf. 18. See Chapter 2. See also Aneesh Aneesh, Virtual Migration: The Programming of Globalization (Durham, NC: Duke University Press, 2006); John Danaher, “The Threat of Algocracy: Real ity, Re sis tance and Accommodation,” Philosophy and Tech- nology 29, no. 3 (2016): 245–268. 19. John Perry Barlow, “Declaration of In de pen dence for Cyberspace” (1996), https:// www . eff . org / cyberspace - independence. 20. Ibid. 21. Yochai Benkler, “Degrees of Freedom, Dimensions of Power,” Daedalus 145, no. 1 (2016):18–32; Derek E. Bambauer, “Middlemen,” Florida Law Review Forum 64 (2013): 64–67. 22. Lipton, “Law of the Intermediated Information Exchange.” 23. Anupam Chander and Uyên P Lê, “Data Nationalism,” Emory Law Journal 64, no. 3 (2015):677–739. 24. Ronald Deibert, John Palfrey, Rafal Rohozinski, Jonathan Zittrain, and Janice Gross Stein, Access Denied: The Practice and Policy of Global Internet Filtering (Cambridge, MA: MIT Press, 2008). 1 Blockchains, Bitcoin, and Decentralized Computing Platforms 1. Janet Abbate, Inventing the Internet (Cambridge, MA: MIT Press, 2000); Robert H. Zakon, “Hobbes’ Internet Timeline” (1997), https:// tools . ietf . org / html / rfc2235. 2. Paul Baran, “On Distributed Communications,” in RAND Corporation Re- search Documents, vols. 1–11 (Santa Monica, CA: RAND Corporation, August 1964), 637–648. NOTES TO PAGES 14–17 215 3. The TCP/IP protocol was incorporated into ARPAnet in 1982, and the domain name system was introduced in 1984. See Zakon, “Hobbes’ Internet Timeline.” 4. Whitfield Diffie and Martin Hellman, “New Directions in Cryptography,” IEEE Transactions on Information Theory 22, no. 6 (1976):644–654. 5. Donald Davies, “A Brief History of Cryptography,” Information Security Technical Report 2, no. 2 (1997):14–17. 6. Ibid. 7. In Diffie and Hellman’s model, private keys are large prime numbers and public keys are random numbers generated by each party. See Diffie and Hellman, “New Directions in Cryptography.” 8. Ibid. 9. Ronald L. Rivest, Adi Shamir, and Leonard Adleman, “A Method for Ob- taining Digital Signatures and Public- Key Cryptosystems,” Communications of the ACM 21, no. 2 (1978):120–126. 10. Ibid. 11. See Diffie and Hellman, “New Directions in Cryptography.” 12. Rivest, Shamir, and Adleman, “A Method for Obtaining Digital Signatures.” 13. Diana M. D’Angelo, Bruce McNair, and Joseph E. Wilkes, “Security in Electronic Messaging Systems,” AT&T Technical Journal 73, no. 3 (1994): 7–13. 14. These ideas were best encapsulated in David Chaum, “Security without Identification: Transaction Systems to Make Big Brother Obsolete,” Communica- tions of the ACM 28, no. 10 (1985): 1030–1044. 15. John Markoff, “Building the Electronic Superhighway,” Business, New York Times, January 24, 1993, http:// www . nytimes . com / 1993 / 01 / 24 / business / building - the - electronic - superhighway . html. 16. M. David Hanson, “The Client / Server Architecture,” in Server Manage- ment, ed. Gilbert Held (Boca Raton, FL: Auerbach, 2000), 3–13 (noting that the client / server model is the most common form of network architecture used in data communication today, and its popularity can be seen in the phenomenal expansion of the World Wide Web). 17. Valeria Cardellini, Michele Colajanni, and Philip S. Yu, “Dynamic Load Balancing on Web- Server Systems,” IEEE Internet Computing 3, no. 3 (1999):28–39. The article explains that the explosive growth of traffic on the World Wide Web is causing a rapid increase in the request rate at popu lar websites, causing severe con- gestion. The authors describe methods to improve the capacity of web servers to meet the demands of users. 18. Rüdiger Schollmeier, “A Definition of Peer- to- Peer Networking for the Classification of Peer- to- Peer Architectures and Applications,” in Proceedings of the First International Conference on Peer- to- Peer Computing (Piscataway, NJ: IEEE, 2001), 101–102. 216 NOTES TO PAGES 17–18 19. Stefan P. Saroiu, Krishna Gummadi, and Steven D. Gribble, “Mea sure ment Study of Peer- to- Peer File Sharing Systems,” Proc. SPIE 4673, Multimedia Com- puting and Networking 2002, December 10, 2001, doi: 10 . 1117 / 12 . 449977; http:// dx .0 doi . org / 1 . 1117 / 12 . 449977; Damien A. Riehl, “Peer- to- Peer Distribution Systems: Will Napster, Gnutella, and Freenet Create a Copyright Nirvana or Gehenna?” William Mitchell Law Review 27, no. 3 (2000): 1761–1796 (noting that in September 2000, Nap- ster users shared over one billion songs and there were about one million users on the system at any given time). 20. “In Napster, a large cluster of dedicated central servers maintain an index of the files that are currently being shared by active peers. Each peer maintains a con- nection to one of the central servers, through which the file location queries are sent. The servers then cooperate to pro cess the query and return a list of matching files and locations to the user.” Saroiu, Gummadi, and Gribble, “Mea sure ment Study.” 21. A & M Rec ords, Inc. v. Napster, Inc., 239 F. 3d 1004 (9th Cir. 2001); Matt Richtel, “Technology: With Napster Down, Its Audience Fans Out,” Business Day, New York Times, July 20, 2001, http:// www . nytimes . com / 2001 / 07 / 20 / business / technology - with - napster - down - its - audience - fans - out . html. 22. Saroiu, Gummadi, and Gribble, “Mea sure ment Study”; Bram Cohen, “In- centives Build Robustness in BitTorrent,” in Workshop on Economics of Peer- to- Peer Systems, vol. 6 (Berkeley, California: Citeseer, 2003), 68–72. 23. “ There are no centralized servers in Gnutella. Instead, the peers in the Gnutella system form an overlay network by forging a number of point- to- point con- nections with a set of neighbors. In order to locate a file, a peer initiates a controlled flood of the network by sending a query packet to all of its neighbors. Upon re- ceiving a query packet, a peer checks if any locally stored files match the query. If so, the peer sends a query response packet back to the query originator. Whether or not a file match is found, the peer continues to flood the query through the overlay.” Saroiu, Gummadi, and Gribble, “Mea sure ment Study.” 24. “To start a BitTorrent deployment, a static file with the extension .torrent is put on an ordinary web server. The .torrent contains information about the file, its length, name, and hashing information, and the url of a tracker. BitTorrent does no central resource allocation.” See Cohen, “Incentives Build Robustness.” 25. Bryan H. Choi, “The Grokster Dead- End,” Harvard Journal of Law and Technology 19 (2005):393–411 (describing how shutting down BitTorrent is “about as tedious as shutting down individual direct infringers”); Riehl, “Peer- to- Peer Distri- bution Systems”; Saroiu, Gummadi, and Gribble, “Mea sure ment Study” (describing difficulties in shutting down Gnutella because it is “open source software that is not officially owned by any single com pany or entity,” which is “freely distributed” and lacks a “single corporation or entity for a plaintiff to sue or for a court to shut down”). 26. Eric Hughes, “A Cypherpunk’s Manifesto,” March 9, 1993, https:// www . activism . net / cypherpunk / manifesto . html. NOTES TO PAGES 18–21 217 27. As described by one of the movement’s founding members, Eric Hughes, “ There were not sufficient checks on computing tools, and thereforepe ople could not expect governments, corporations, or other large, faceless organ izations to grant . privacy out of their beneficence.” See ibid. 28. Chaum, “Security without Identification.” 29. Ibid. 30. Hughes, “Cypherpunk’s Manifesto.” See also Timothy May, “The Cypher- nomicon” (1994), https:// www . cypherpunks . to / faq / cyphernomicron / cyphernomicon . html. 31. David Chaum, “Blind Signatures for Untraceable Payments,” in Advances in Cryptology: Proceedings of Crypto 82, ed.