Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment

Jonathon Penney; Jon Penney

Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment

Jonathon Penney, Jon Penney

Dalhousie University Schulich School of Law

Research output: Chapter in Book/Report/Conference proceeding › Chapter

Abstract

“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law will increasingly determine the direction of data science and the ethics of code.

Original language	Canadian English
Title of host publication	Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment
Publication status	Published - Jan. 1 2014

Keywords

Code Is Law
Computer Code
Internet Age
CFAA
DMCA
Ethics
Data Science
Research

Disciplines

Computer Law
Internet Law
Law
Legal Ethics and Professional Responsibility
Legislation
Science and Technology Law

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Code is Law But Law is Increasingly Determining the Ethics of CoFinal published version, 157 KBLicence: Unspecified

Cite this

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title = "Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment",

abstract = " “Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law will increasingly determine the direction of data science and the ethics of code.",

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author = "Jonathon Penney and Jon Penney",

note = "Jonathon Penney, {"}Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment{"} in Urs Gasser, Jonathan Zittrain, Robert Faris, & Rebekah H Jones, (eds), Internet Monitor 2014: Reflections on the Digital World: Platforms, Policy, Privacy, and Public Discourse (Boston: Berkman Klein Center for Internet & Society, Harvard University, 2014) 90.",

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month = jan,

day = "1",

language = "Canadian English",

booktitle = "Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment",

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T1 - Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment

AU - Penney, Jonathon

AU - Penney, Jon

N1 - Jonathon Penney, "Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment" in Urs Gasser, Jonathan Zittrain, Robert Faris, & Rebekah H Jones, (eds), Internet Monitor 2014: Reflections on the Digital World: Platforms, Policy, Privacy, and Public Discourse (Boston: Berkman Klein Center for Internet & Society, Harvard University, 2014) 90.

PY - 2014/1/1

Y1 - 2014/1/1

N2 - “Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law will increasingly determine the direction of data science and the ethics of code.

AB - “Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law will increasingly determine the direction of data science and the ethics of code.

KW - Code Is Law

KW - Computer Code

KW - Internet Age

KW - CFAA

KW - DMCA

KW - Ethics

KW - Data Science

KW - Research

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/1809

M3 - Chapter

BT - Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment

ER -

Code is Law, But Law is Increasingly Determining the Ethics of Code: A Comment

Abstract

Keywords

Disciplines

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