Книга: Code 2.0
The No Law Rule
The No Law Rule
On February 8, 1996, John Perry Barlow, former lyricist for the Grateful Dead and co-founder of the Electronic Frontier Foundation, published this declaration on EFF’s website:
Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.
We have no elected government, nor are we likely to have one, so I address you with no greater authority than that with which liberty itself always speaks. I declare the global social space we are building to be naturally independent of the tyrannies you seek to impose on us. You have no moral right to rule us nor do you possess any methods of enforcement we have true reason to fear.
Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions.
You have not engaged in our great and gathering conversation, nor did you create the wealth of our marketplaces. You do not know our culture, our ethics, or the unwritten codes that already provide our society more order than could be obtained by any of your impositions.
You claim there are problems among us that you need to solve. You use this claim as an excuse to invade our precincts. Many of these problems don’t exist. Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract. This governance will arise according to the conditions of our world, not yours. Our world is different.
Cyberspace consists of transactions, relationships, and thought itself, arrayed like a standing wave in the web of our communications. Ours is a world that is both everywhere and nowhere, but it is not where bodies live.
We are creating a world that all may enter without privilege or prejudice accorded by race, economic power, military force, or station of birth.
We are creating a world where anyone, anywhere may express his or her beliefs, no matter how singular, without fear of being coerced into silence or conformity.
Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are all based on matter, and there is no matter here.
Our identities have no bodies, so, unlike you, we cannot obtain order by physical coercion. We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge. Our identities may be distributed across many of your jurisdictions. The only law that all our constituent cultures would generally recognize is the Golden Rule. We hope we will be able to build our particular solutions on that basis. But we cannot accept the solutions you are attempting to impose.
In the United States, you have today created a law, the Telecommunications Reform Act, which repudiates your own Constitution and insults the dreams of Jefferson, Washington, Mill, Madison, de Tocqueville, and Brandeis. These dreams must now be born anew in us.
You are terrified of your own children, since they are natives in a world where you will always be immigrants. Because you fear them, you entrust your bureaucracies with the parental responsibilities you are too cowardly to confront yourselves. In our world, all the sentiments and expressions of humanity, from the debasing to the angelic, are parts of a seamless whole, the global conversation of bits. We cannot separate the air that chokes from the air upon which wings beat.
In China, Germany, France, Russia, Singapore, Italy and the United States, you are trying to ward off the virus of liberty by erecting guard posts at the frontiers of Cyberspace. These may keep out the contagion for a small time, but they will not work in a world that will soon be blanketed in bit-bearing media.
Your increasingly obsolete information industries would perpetuate themselves by proposing laws, in America and elsewhere, that claim to own speech itself throughout the world. These laws would declare ideas to be another industrial product, no more noble than pig iron. In our world, whatever the human mind may create can be reproduced and distributed infinitely at no cost. The global conveyance of thought no longer requires your factories to accomplish.
These increasingly hostile and colonial measures place us in the same position as those previous lovers of freedom and self-determination who had to reject the authorities of distant, uninformed powers. We must declare our virtual selves immune to your sovereignty, even as we continue to consent to your rule over our bodies. We will spread ourselves across the Planet so that no one can arrest our thoughts.
We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before.
Perhaps no single document better reflects an ideal that was dominant on the network a decade ago. Whatever rule governed “our bodies”, no government could govern the “virtual selves” that would live in this space. Barlow declared these “virtual selves” “immune” from real space sovereigns. Real-space sovereigns would be lost if they tried to exercise control here.
Though Barlow issued his declaration at a meeting of world leaders at Davos, apparently world governments didn’t hear what he said. That very day, the President signed the Communications Decency Act of 1996. And though the Supreme Court would eventually strike down this law, the Supreme Court was certainly not signaling the end of any regulation of “virtual selves.” A string of legislation from the United States Congress coincided with a string of regulation from around the world. And that trend has only increased. As one study measured it, the growth of legislative efforts to regulate the Net was slow at first, but has taken off dramatically. These regulations were at first directed to “harnessing technology to serve what were perceived to be governmental goals unrelated to the net ”; then second, “aimed directly at fostering the advancement of Net infrastructure”; and third, “directly concerned control over information.”
The reasons Barlow’s ideals were not going to be realized might be obvious in retrospect, but they weren’t well recognized at the time. Laws are enacted as a result of political action; likewise they can be stopped only by political action. Ideas, or beautiful rhetoric, aren’t political action. When Congress confronts impassioned parents demanding it does something to protect their kids on the Net; or when it faces world-famous musicians angry about copyright infringement on the Net; or when it faces serious-seeming government officials talking about the dangers of crime on the Net, the rhetoric of even a Grateful Dead lyricist won’t cut it. On Barlow’s side, there had to be political action. But political action is just what the Net wasn’t ready for.
- The Many Laws Rule (and the technology to make it possible)
- The One Law Rule
- The Windows Driver Model
- An 8-bit microprocessor – the Z80180
- 2.1.6 The Clock Sources
- Program with a Dialog Box as the Main Window
- The control.ctl file
- PROJECT 7.3 — Using the Card Filing System
- Other PnP IRPs
- The Dummy Interface
- 7.5 Exploring Further