Rio,March 24, 2003

“unregulable”

“The rise of an electronicmedium that disregards

geographical boundaries throwsthe law into disarray by

creating entirely new phenomenathat need to become the subjectof clear legal rules but that

cannot be governed,satisfactorily, by any currentterritorially based sovereign.”

“The rise of an electronicmedium that disregards

geographical boundaries throwsthe law into disarray by

creating entirely new phenomenathat need to become the subjectof clear legal rules but that

cannot be governed,satisfactorily, by any currentterritorially based sovereign.”

“The rise of an electronicmedium that disregards

geographical boundaries throwsthe law into disarray by

creating entirely new phenomenathat need to become the subjectof clear legal rules but that

cannot be governed,satisfactorily, by any currentterritorially based sovereign.”

“Governments of the IndustrialWorld, you weary giants of

flesh and steel, I come fromCyberspace, the new home of

Mind. On behalf of the future,I ask you of the past to leaveus alone. You are not welcome

among us. You have nosovereignty where we gather.”

“Governments of the IndustrialWorld, you weary giants of

flesh and steel, I come fromCyberspace, the new home of

Mind. On behalf of the future,I ask you of the past to leaveus alone. You are not welcome

among us. You have nosovereignty where we gather.”

“Governments of the IndustrialWorld, you weary giants of

flesh and steel, I come fromCyberspace, the new home of

Mind. On behalf of the future,I ask you of the past to leaveus alone. You are not welcome

among us. You have nosovereignty where we gather.”

“Governments of the IndustrialWorld, you weary giants of

flesh and steel, I come fromCyberspace, the new home of

Mind. On behalf of the future,I ask you of the past to leaveus alone. You are not welcome

among us. You have nosovereignty where we gather.”

if can’t regulateno need to worry about

if can’t regulateno need to worry about

(1)

whatthings

regulate

Law

Law

“70 mph”

ex ante ruleex post punishment (state)

ex ante ruleex post punishment (state)

ex ante =before the fact

ex post =after the fact

ex ante ruleex post punishment (state)

ex ante ruleex post punishment (state)

Law

Norms

Law

Norms

“pull to the side”

ex ante ruleex post punishment

(neighbors)

ex ante ruleex post punishment

(neighbors)

Law

MarketN

orms

Law

MarketN

orms

$2.50/g

simultaneous condition enforced people

simultaneous condition enforced people

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

maximum speed:160

simultaneous conditionenforced by God

simultaneous conditionenforced by God

(2)

lawsaffectthingsthat

regulate

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

MarketN

orms

Architecture

Law

MarketN

orms

Architectu

re

Law

MarketN

orms

Architectu

re

Law

MarketN

orms

Architectu

re

smoking

>18“smoking kills”

taxesnicotine

>18“smoking kills”

taxesnicotine

>18“smoking kills”

taxesnicotine

>18“smoking kills”

taxesnicotine

architectureas

regulator

Napoleon III

Robert Moses

AmericansDisability

Act

(4)

cyberspace

is

architecture

tcp/ip

data shipping protocol

eMail

eMail

192.48.32.1

eMail

eMail

eMail

follows from thearchitecture:

can’t know:

can’t know:who

can’t know:whowhat

can’t know:whowhatwhere

“relative anonymity”

can’t regulate

e.g.,no porn to kids

(1) real space

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

(2) cyberspace

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

can’t market-ulate

Laws and Market

Laws and Market change

Laws and Market change

relative anonymity

cookies

&

maps

IP mapping162.46.23.1 = NYC

IP mapping162.46.23.1 = NYC

packet sniffing“this packet is mp3”

packet sniffing“this packet is mp3”

can know:whowhatwhere

can know:whowhatwhere

can know:whowhatwhere

can know:whowhatwhere

“relatively anonymous”

“relatively identified”

“unregulable”

“regulable”

e.g.,kids & porn

“must block”

Law

Market

Architecture

Norms

“relatively identified”

can know:whowhatwhere

can know:whowhatwhere

can know:whowhatwhere

can know:whowhatwhere

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

Law

Market

Architecture

Norms

changes:(1) more commerce(2) more control

changes:(1) more commerce(2) more control

changes:(1) more commerce(2) more control

[commerce & control]