OTNS: Is Code still Law? Interview with Lawrence Lessig
Aug 27, 2023
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Lawrence Lessig, legal scholar known for coining the term 'code is law', discusses the original design of the internet and its implications for democracy. The podcast explores the intersection between law and technology, the role of blockchain in changing governance, the fragmentation of the political system, challenges of sovereignty in networked communities, and the concept of 'code is law' in blockchain and cryptocurrency.
Code can shape societal values and potentially compromise user rights, highlighting the need for social norms alongside legal texts.
Blockchain challenges government sovereignty, particularly in currency regulation, presenting a more entrenched set of technical values.
Deep dives
The concept of Code is Law and its evolution over time
The podcast episode begins by discussing the concept of 'Code is Law' coined by Lawrence Lessig. He explains how he initially observed the need for social norms to accompany legal texts in the transition from communism in Eastern Europe. As he explored the intersection of law and technology, he realized that not only were certain norms absent, but the architecture of systems also played a role in determining values. The original internet, for example, prioritized privacy and free speech due to its architecture. However, Lessig warns that the values embedded in code can be changed, potentially compromising user rights.
The impact of blockchain on government sovereignty
The podcast discusses how blockchain technology challenges government sovereignty, particularly in the realm of currency regulation. Lessig explains that governments used to enjoy a monopoly over currency regulation, but cryptocurrencies on the blockchain, like Bitcoin, have disrupted that monopoly. While governments can still intervene to some extent, the efficiency and plasticity of blockchain technology make complete regulation difficult. Lessig suggests that governments may have sovereignty over interfaces and gateways to the blockchain, but the blockchain itself presents a more entrenched set of technical values.
The benefits and limitations of network states
The podcast explores the concept of network states and their potential benefits and limitations. It highlights the ability of network states to create functional institutions without physical presence, which is particularly valuable in underdeveloped contexts. However, it also acknowledges that network states cannot completely escape the influence of traditional nation-states. While network states offer a new layer of sovereignty, they still interact and overlap with existing jurisdictions. The discussion emphasizes the need to balance the freedom and affordances of network states with the larger physical and political realities of the world.
The evolving role of code and the importance of recognizing its values
The podcast examines the increasing significance of code in shaping society, particularly concerning surveillance and privacy. Lessig points out that advancements in technology have made it easier to surveil individuals, and the code behind surveillance capitalism has driven this change. He stresses the importance of recognizing the values embedded in code and the need to address any inconsistencies with societal values. Furthermore, he calls for thoughtful interventions to mitigate the negative consequences of technological advancements, such as considering taxation or regulations on attention economies.
In this episode we had the pleasure of speaking to Lawrence Lessig, the legal scholar known for coining the term "code is law" which if you've been in crypto, you'll know that this phrase has been very influential on the space. During the discussion we talk about the original design of the internet, how it has opened up a Pandora's box of overlapping sovereignties, and the role of code in regulation and its implications for democracy.
Check out a previous episode to learn more about our framework for out network state alternative, coordi-nations.
JOIN THE BLOCKCHAINGOV DISCORD SERVER HERE IF YOU WANT TO TAKE PART IN THE CONTINUED OVERTHROW AND CONTRIBUTE TO THE RISE OF COORDI-NATIONS.
Overthrowing the Network State (OTNS) is a series in collaboration with Blockchaingov where we critique The Network State by Balaji Srinivasan while also pulling out the salvageable parts and concepts in discussion with a variety of guests. You can find the first episode of OTNS where we give our initial criticisms and alternatives here.
Blockchaingov is a 5-year long, transdisciplinary research effort aimed at restoring trust in institutions at the community and global levels, by promoting better on chain and off chain distributed governance practices. Throughout the series, each discussion will include me and a member of Blockchaingov with either a new guest each episode or a discussion between us to tackle various topics from the book.
If you liked the podcast be sure to give it a review on your preferred podcast platform. If you find content like this important consider donating to my Patreon starting at just $3 per month. It takes quite a lot of my time and resources so any amount helps. Follow me on Twitter (@TBSocialist) or Mastodon (@theblockchainsocialist@social.coop) and join the r/CryptoLeftists subreddit and Discord to join the discussion.
ICYMI I've written a book about, no surprise, blockchains through a left political framework! The title is Blockchain Radicals: How Capitalism Ruined Crypto and How to Fix Itand is being published through Repeater Books, the publishing house started by Mark Fisher who’s work influenced me a lot in my thinking.
The book is officially published and you use this linktree to find where you can purchase the book based on your region / country.
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