the regulation of liberty


[1] Jean-Jacques Rousseau, The Social Contract, page 98.

[2] For instance, the British government is introducing legislation which includes any actions which ‘seriously interfere with or seriously disrupt an electronic system’ within its definition of ‘terrorism’. See Will Knight, ‘Hackers Will Become Terrorists Under New Law’, page 1.

[3] For an analysis of increasing legal regulation of the Net, see Lawrence Lessig, Code.

[4] See Richard Barbrook and Andy Cameron, ‘The Californian Ideology’.

[5] See Mitch Kapor, 'Where is the Digital Highway Really Heading?'.

[6] For an analysis of the origins of the First Amendment in English liberalism, see Leonard Levy, Emergence of a Free Press. An English liberal mandarin later defined ‘negative’ freedom as: ‘...the area within which the subject - a person or group of persons - is or should be left to do or be what he [or she] is able to do or be, without interference by other persons...’ Isaiah Berlin, ‘Two Concepts of Liberty’, pages 121-2.

[7] Ithiel de Sola Pool, Technologies of Freedom, page 211.

[8] See Christopher May, A Global Political Economy of Intellectual Property Rights, pages 16-44.

[9] See Richard Barbrook, Media Freedom, pages 7-18; and Leonard Levy, Emergence of a Free Press, pages 220-281.

[10] See Christopher May, A Global Political Economy of Intellectual Property Rights, pages 45-66.

[11] Despite denouncing state regulation as obsolete, Newt Gingrich’s neo-liberal think-tank still saw that: ‘Defining property rights in cyberspace is perhaps the single most urgent and important task for government information policy.’ The Progress and Freedom Foundation, Cyberspace and the American Dream, page 11.

[12] John Locke, Two Treatises of Government, Mentor, New York 1965, page 395. For a socialist remix of this liberal analysis, see Eugeny Pashukanis, Law and Marxism.

[13] This analogy with the repressive ‘war on drugs’ is made in Richard Stallman, ‘Freedom - or Copyright?’, page 2.

[14] See the Recording Industry Association of America, ‘RIAA Lawsuit Against Napster’; and the Motion Picture Association of America, ‘DVD-DeCSS Press Room’.

[15] For instance, all the major record labels are members of a consortium to develop encryption methods for copyright-protected music, see the Secure Digital Music Initiative website.

[16] For instance, see the Gnutella and Freenet websites.

[17] See Howard Rheingold, The Virtual Community, pages 289-296. The dystopian vision of the Net is inspired by the symbol of oppressive modernity in Michel Foucault, Discipline and Punish.

[18] See Elmo Recio, ‘The Great Firewall of China’; and Duncan Campbell, ‘Inside Echelon’.

[19] Jack Valenti talking about the potential threat from the DeCSS decryption program in ‘Film Studios Bring Claim Against DVD Hackers in Federal Court’.

[20] See Simon Clarke, ‘What in the F---’s Name is Fordism’.

[21] For instance, Robert McChesney says: ‘It’s almost an iron law of US communication[s] media... that... the corporate sector comes in, and... muscles all... other people out of the way and takes it over.’ Corporate Watch, ‘Towards a Democratic Media System’, page 3.

[22] Lawrence Lessig, Code, page 141. Also see Michael Hauben and Rhonda Hauben, Netizens, page ix.

[23] Tim Berners-Lee, ‘Realising the Full Potential of the Web’, page 5. Also see Richard Barbrook, ‘The Hi-Tech Gift Economy’; and ‘Cyber-communism’.

[24] See Rishab Ghosh, ‘Cooking Pot Markets’; and Richard Barbrook, ‘The Hi-Tech Gift Economy’.

[25] See Bill Brewster and Frank Broughton, Last Night a DJ Saved My Life; and Sheryl Garratt, Adventures in Wonderland.

[26] See Jacques Attali, Noise, pages 133-148. Also see Romandson, ‘Interactive Music’.

[27] From academic research to management theory, this new paradigm now fascinates the cutting-edge of intellectual life. For instance, see Manuel Castells, The Rise of the Network Society; and Jonas Ridderstråle and Kjell Nordström, Funky Business.

[28] See Richard Stallman, ‘Freedom - or Copyright?’. Some American judges have already defined computer programming as a form of free speech, see Patricia Jacobus, ‘Court: Programming languages covered by First Amendment’.

[29] See Free Software Foundation, What is Copyleft?.

[30] See Tim Berners-Lee, Weaving the Web, pages 78-80.

[31] See Tim Berners-Lee, Weaving the Web, pages 70-71.

[32] See John Hagel and Arthur Armstrong, net.gain.

[33] See Esther Dyson, Release 2.0, pages 131-163.

[34] See Robert Young, ‘How Red Hat Software Stumbled Across a New Economic Model and Helped Improve an Industry’.

[35] See Christopher May, A Global Political Economy of Intellectual Property Rights.

[36] See Lawrence Lessig, Code, pages 30-60.

[37] See Karl Marx, 'Debates on Freedom of the Press'. In contrast with its ‘negative’ predecessor, ‘positive’ freedom is defined as: ‘I wish to be... a doer - deciding, not being decided for, self-directed and not acted upon... by other men as if I was... a slave incapable of... conceiving goals and policies of my own and realising them.’ Isaiah Berlin, ‘Two Concepts of Liberty’, page 131. For this socialist concept of political rights, also see Karl Marx, ‘On the Jewish Question’.

[38] See Richard Barbrook, Media Freedom, pages 55-73.

[39] See Richard Barbrook and Andy Cameron, ‘The Californian Ideology’, pages 63-68.

[40] See Richard Barbrook, ‘Cyber-communism’, pages 26-35.

[41] For a discussion of the ‘fragmentation of copyright’, see Christopher May, A Global Political Economy of Intellectual Property Rights, pages 144-157.

[42] Among early users of computer-mediated communications, such spontaneous self-regulation was dubbed ‘netiquette’, see Michael Hauben and Rhonda Hauben, Netizens, pages 63-4.

[43] Tom Paine, Rights of Man, page 165.

[44] Jacques Attali, Noise, pages 132.


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