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Analyzing the Production of the Law of Cyberspace
Unformatted Document Text:  1 Analyzing the Production of the Law of Cyberspace Abstract: This paper analyzes the role of societal institutions in the development of code. The term “code” refers to the architecture of communication technologies, which includes its hardware and software components. It is widely recognized both in both the communications and legal literature that code is analogous to the law of cyberspace. Our analysis begins to explain why code developed in different institutions differ in various social and technical attributes, such as their support for standards or the attention to privacy considerations. The institutions we consider include universities, firms, consortia, and the open source movement. We specifically analyze how institutions differ in structure, their motivations, and how they are differentially affected by social, political, economic, and legal influences. This analysis provides a crucial first step in understanding the production of the law of cyberspace. Eventually, this analysis will allow scholars and policymakers to assess and to begin proactively shaping the development of code to meet societal concerns.

Authors: Shah, Rajiv. and Kesan, Jay.
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1
Analyzing the Production of the Law of Cyberspace
Abstract:
This paper analyzes the role of societal institutions in the development of code. The term
“code” refers to the architecture of communication technologies, which includes its hardware
and software components. It is widely recognized both in both the communications and legal
literature that code is analogous to the law of cyberspace. Our analysis begins to explain why
code developed in different institutions differ in various social and technical attributes, such as
their support for standards or the attention to privacy considerations. The institutions we
consider include universities, firms, consortia, and the open source movement. We specifically
analyze how institutions differ in structure, their motivations, and how they are differentially
affected by social, political, economic, and legal influences. This analysis provides a crucial first
step in understanding the production of the law of cyberspace. Eventually, this analysis will
allow scholars and policymakers to assess and to begin proactively shaping the development of
code to meet societal concerns.


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