Who Sets the Rules of the Privacy and Security Game?
By Jennifer Granick
"We live in a software-defined world. In 2000, Lawrence Lessig wrote that Code is Law — the software and hardware that comprise cyberspace are powerful regulators that can either protect or threaten liberty. A few years ago, Mark Andreessen wrote that software was eating the world, pointing to a trend that is hockey sticking today. Software is redefining everything, even national defense. But, software is written by humans. Increasingly, our reality will obey the rules encoded in software, not of Newtonian physics. Software defines what we can do and what can be done to us. It protects our privacy and ensures security, or not. Software design can be liberty-friendly or tyranny-friendly."
"This battle is over who gets to control software, and thus the basic rules of the world we live in. Who will write the proverbial laws of physics in the digital world? Is it the FBI and DOJ? Is it the US Congress? Is it private industry? Or is it going to be individuals around the world making choices that will empower us to protect ourselves — for better or for worse?"