While looking for the essence of Lessig’s “code is law” formulation, I happened on this little gem:
If there is one thing clear about the value we demand of East Coast Code, it is transparency. Secret laws are not law. And if there is one thing clear about the recent panic about privacy, it is that much of the anxiety was about the secrets hidden within closed code. Closed code hides its systems of control; open code can’t. Any encryption or identification system built into open code is transparent to those who can read the code, just as laws are transparent to those who can read Congress’ code – lawyers.
(“East Coast code” means laws and government regulations) Kinda makes you wonder why Lessig wasn’t critical of the rabbit-out-of-the-hat regulations the FCC imposed on Comcast.