Code: Version 2.0
Lawrence Lessig
Code is law: architecture regulates behaviour online more effectively than statute, and it is written by people nobody elected.
link checked 17 Sept 2026The fastest-changing area of practice — data protection, platform liability, and the first serious attempts to regulate AI.
10 topics · 11 curated works
Assumes you know the vocabulary.
Code: Version 2.0
Lawrence Lessig · 2006
Code is law: architecture regulates behaviour online more effectively than statute, and it is written by people nobody elected.
+4 more at this level
Primary sources and full treatments.
Searches and Seizures in a Digital World
Orin S. Kerr · 2005
Argues the traditional US Fourth Amendment framework, built around physical trespass and discrete searches, does not map onto digital evidence stored…
+5 more at this level
11 works
Lawrence Lessig
Code is law: architecture regulates behaviour online more effectively than statute, and it is written by people nobody elected.
link checked 17 Sept 2026United States Congress
Immunises online platforms from liability for content posted by their users and for good-faith moderation of that content, a rule credited with enabling user-generated content at internet scale.
link checked 17 Sept 2026National Institute of Standards and Technology
The US government's official framework arguing organisations should manage cybersecurity risk through a common Identify-Protect-Detect-Respond-Recover structure rather than through compliance checklists alone.
link checked 17 Sept 2026European Union
Establishes the EU's comprehensive framework for personal data protection, requiring a lawful basis for every use of personal data and giving individuals enforceable rights to access, correct and erase data held about them.
link checked 17 Sept 2026Danielle Keats Citron & Benjamin Wittes
Argues platforms should lose Section 230 immunity when they fail to take reasonable steps against clearly unlawful content, rejecting the view that any obligation to moderate would break the provision's purpose.
link checked 17 Sept 2026Orin S. Kerr
Argues the traditional US Fourth Amendment framework, built around physical trespass and discrete searches, does not map onto digital evidence stored on computers and proposes rules calibrated to how digital searches actually work.
link checked 17 Sept 2026Matthew U. Scherer
One of the earliest systematic legal proposals for regulating AI, arguing that ex ante certification combined with tort liability insurance is more workable under US law than directly regulating AI development.
link checked 17 Sept 2026Schwartz & Peifer
Compares the EU's rights-based GDPR model against the US's sectoral, market-driven approach to data privacy and argues neither is simply superior to the other, against the common assumption that the EU model is more advanced.
link checked 17 Sept 2026Lina M. Khan
Argues US consumer-welfare antitrust law, focused on low prices, fails to capture Amazon's anticompetitive potential built on predatory pricing and vertical integration, reviving structural antitrust analysis for digital platforms.
link checked 17 Sept 2026Kate Klonick
Argues major US platforms have built an internal, quasi-legal system for governing online speech, shaped more by American free-speech norms and public pressure than by any external law.
link checked 17 Sept 2026Court of Justice of the European Union
Invalidates the EU-US Privacy Shield framework for transferring personal data because US surveillance law does not offer protections essentially equivalent to EU law, while leaving standard contractual clauses conditionally valid.
link checked 17 Sept 2026