Lessig is a hero of mine, but he's wrong here. > Lessig believes the most effective form of regulation online is through architecture, “[online,] code is law”

Lessig is a hero of mine, but he's wrong here. > Lessig believes the most effective form of regulation online is through architecture, “[online,] code is law” (pg 5). I build internet architecture, and vastly different online regulation is performed on the same architectures. What actually regulates the online world is Terms of Use, which are in turn influenced and regulated by Law, such as Section 230. Every online service, resource, and community defines its own social, functional and technological regulations. But those regulations only hold as long as the Law allows it. Doesn't matter what the technical architecture is, the corporate interest that governs the terms of use is what defines how humans can interact with it (and each other). > Because of the legal power code holds, Lessig cautions against the commercialization of code, which he believes will lead to the privatization of law and increased governmental control. [..] He also argues in favor of open-source code which, like the laws governing the natural world, can be examined by everyone. We have seen many times now that just because the Source is Available does not mean that the Terms of Use do not impose their own regulations, often counter to those of the Open Source ethos. Yes, you can see the code. But you can't see what the moderators are/aren't doing behind the scenes to the users subjected to that code. In fact, the commercialization (or not) of code has had no effect on privatization and governmental control. The government still seeks to impose its will on the code, whether it's open or not. Companies commercialize Open Source code as a marketing buzzword now. The code is just a building block, like a brick. Corporations and government will happily build a weapons factory out of transparent bricks, and then paint over the outside. If you want code to have an impact on society, the license must include ethics requirements.