62. Sauter, The Coming Storm, 140–141.
63. See Molly Sauter’s thorough research on this early history and the different philosophies of these groups in Sauter, The Coming Storm.
64. To December 2005.
65. James Risen, “My Life as a New York Times Reporter in the Shadow of the War on Terror,” The Intercept, January 3, 2018.
66. Risen, “My Life.
67. Adam Liptak, “Gonzalez Says Prosecutions of Journalists Are Possible,” New York Times, May 22, 2016.
68. Risen, “My Life.” See also Lee Ferran, “Federal Prosecutors Try to Force New York Times Reporter to Reveal Sources,” ABC News, May 25, 2011, https://abcnews.go.com/Blotter/james-risen-subpoenaed-jeffrey-sterling-case/story?id=13684074.
69. Risen, “My Life.”
70. Risen, “My Life.”
71. Emily Bazelon, “Why Eric Holder Won’t Send James Risen to Jail,” Slate, June 2, 2014.
72. Risen, “My Life.”
73. Timothy M. Phelps, “Atty. Gen. Tightens Limits on US Subpoenas of Journalists,” Los Angeles Times, January 4, 2015.
74. Ed Pilkington, “Bradley Manning’s Treatment Was Cruel and Inhuman, U.N. Torture Chief Rules,” The Guardian, March 12, 2012.
75. Jennifer Rizzo, “Bradley Manning Charged,” CNN, February 23, 2012, http://security.blogs.cnn.com/2012/02/23/bradley-manning-charged; Luis Martinez and Steven Portnoy, “Bradley Manning Guilty on Most Charges, But Not Aiding the Enemy,” ABC News, July 30, 2013, https://abcnews.go.com/Blotter/bradley-manning-guilty-charges-aiding-enemy/story?id=19797378. See also “United States v. Manning,” Wikipedia, https://en.wikipedia.org/wiki/United_States_v._Manning (accessed January 1, 2019).
76. Adam Liptak, “Court Rulings Blur the Line between a Spy and a Leaker,” New York Times, August 2, 2013.
77. Charlie Savage, “Chelsea Manning to Be Released Early as Obama Commutes Sentece,” New York Times, January 17, 2017.
78. “Julian Assange Arrested in UK, Denied Bail,” CBS New, December 7, 2010, https://www.cbsnews.com/news/julian-assange-arrested-in-uk-denied-bail.
79. Madeline Conway, “Clinton: I Don’t Recall Joking about Droning Julian Assange,” Politico, October 4, 2010.
80. Gonzalo Solano, Raphael Satter, and Sylvia Hui, “WikiLeaks Founder Seeks Asylum at Ecuador Embassy,” Associated Press, June 20, 2012.
81. Peter Ludlow, “The Strange Case of Barret Brown,” The Nation, June 18, 2013.
82. Barrett Brown, “Anonymous, Australia, and the Inevitable Fall of the Nation-State,” posted April 13, 2010, https://www.huffingtonpost.com/barrett-brown/anonymous-australia-and-t_b_457776.html.
83. “Free Barrett,” The Courage Foundation, https://freebarrettbrown.org/project-pm (accessed January 1, 2019).
84. Ludlow, “The Strange Case.”
85. Ludlow, “The Strange Case.”
86. hqanon, “Being an Anonymous Hacker.”
87. Ludlow, “The Strange Case”; Greenberg, This Machine Kills Secrets, 214.
88. Michael Riley and Ashlee Vance, “Cyber Weapons: The New Arms Race,” Bloomberg Business Week, July 21, 2011.
89. Ludlow, “The Strange Case.”
90. Ludlow, “The Strange Case.”
91. hqanon, “Being an Anonymous Hacker”; Dell Cameron, “How an FBI Informant Orchestrated the Stratfor Hack,” The Daily Dot, June 5, 2014, https://www.dailydot.com/layer8/hammond-sabu-fbi-stratfor-hack.
92. Ludlow, “The Strange Case.”
93. The Courage Foundation, “Free Barrett.”
94. Ludlow, “The Strange Case.”
95. “Aaron Swartz,” Wikipedia, https://en.wikipedia.org/wiki/Aaron_Swartz (accessed January 1, 2019). See also, the documentary film The Internet’s Own Boy: The Story of Aaron Swartz, directed by Brian Knappenberger, Participant Media, 2014.
96. The Internet’s Own Boy.
97. “Aaron Swartz,” Wikipedia.
98. The Internet’s Own Boy.
99. Aaron Swartz, “Guerilla Open Access Manifesto,” July 2008, Eremo, Italy, https://archive.org/stream/GuerillaOpenAccessManifesto/Goamjuly2008_djvu.txt.
100. Nadine Bloch, “The Day Aaron Swartz Helped Make the Internet Go Dark,” Waging Non Violence: People Powered News & Analysis, posted January 18, 2013, https://wagingnonviolence.org/feature/the-day-aaron-swartz-helped-make-the-internet-go-dark.
101. “Aaron Swartz,” Wikipedia.
102. The Internet’s Own Boy.
103. The Internet’s Own Boy; Owen Thomas, “Family of Aaron Swartz Blame MIT, Prosecutors for His Death,” Business Insider, January 12, 2013, http://www.businessinsider.com/statement-family-aaron-swartz-2013-1?op=1.
104. “Aaron Swartz,” Wikipedia.
105. Journalist David Sirota in The Internet’s Own Boy.
106. The Internet’s Own Boy.
107. Quinn Norton, “The Internet’s Own Boy,” The Message, June 27, 2014, https://medium.com/message/the-internets-own-boy-c815ae07a417.
108. Charlie Savage, “Chelsea Manning to Be Released Early as Obama Commutes Sentece,” New York Times, January 17, 2017.
109. Julia Ioffe, “The Secret Correspondence between Donald Trump Jr. and WikiLeaks,” The Atlantic, November 13, 2017.
110. Mike Pompeo, “Edward Snowden on Privacy in the Age of Trump and Facebook,” Deconstructed, May 25, 2018, audio, https://theintercept.com/2018/05/25/deconstructed-the-edward-snowden-interview.
111. Sam Biddle, “Even WikiLeaks Haters Shouldn’t Want It Labeled as a ‘Hostile Intelligence Agency,’” The Intercept, August 25, 2017.” CIA Director Mike Pompeo said, “WikiLeaks walks like a hostile intelligence service and talks like a hostile intelligence service, and has encouraged its followers to find jobs at the CIA in order to obtain intelligence. It’s time to call out WikiLeaks for what it really is—a non-state hostile intelligence service, often abetted by state actors like Russia. We have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us, to give them the space to crush us with misappropriated secrets as a perversion of what our great Constitution stands for. It ends now.”
112. Biddle, “Even WikiLeaks Haters.”
113. Biddle, “Even WikiLeaks Haters.”
114. Ewan MacAskill, Sam Thielman, and Philip Ottermann, “WikiLeaks Publishes ‘Biggest Ever Leak of Secret CIA Documents,’” The Guardian, March 7, 2017.
115. See, for example, the commentary in Robert Mackey, “What Julian Assange’s War on Hillary Clinton Says about WikiLeaks,” The Intercept, August 6, 2016. See also the early, insightful 2010 analysis of Geert Lovink (with Patrice Riemens), “Twelve Theses on WikiLeaks,” posted August 30, 2010, http://networkcultures.org/geert/2010/12/07/twelve-theses-on-wikileaks-with-patrice-riemens (updated version of Lovink’s “Ten Theses on Wikileaks”).
116. Richard Perez-Pena and Iliana Magra, “Julian Assange’s Arrest Warrant Is Again Upheld by UK Judge,” New York Times, February 13, 2018.
117. The Guardian staff and agencies, “Ecuador to Remove Julian Assange’s Extra Security from London Embassy,” The Guardian, May 18, 2018.
118. Casey Michel, “Julian Assange’s Strange New Obsession: The WikiLeaks Founder Turns His Sights on Breaking Up Spain,” Think Progress, September 25, 2017, https://thinkprogress.org/assange-catalonia-independence-0a83cd016972.
119. William Booth and Karla Adam, “Assange Loses Interent Access,” Washington Post, March 29, 2018.
120. The Guardian staff and agencies, “Ecuador to Remove.”
121. Oliver J. J. Lane, “Julian Assange ‘Assassination’ Claimed after Foiled Ecuadorian Embassy Break-In,” Breitbart News, August 22, 2016.
122. Suzanne Daley, “Leading the Charge against Spain’s Mortgage Crisis,” New York Times, December 20, 2013.
123. The referendum was not directly related to the breakout of populist agitation in Catalonia. It had a longer, more complicated genesis, although Spain’s financial crisis certainly deepened Catalonians’ resentment against the central Spanish government. Omar G. Encarnación, “Homage to Catalonia?,” New York Review of Books, November 9, 2017.
124. Charles Penty, “Rajoy Falls, Paying Price for Generation of Corruption in Spain,” Bloomberg News, May 31, 2018.
125. Jan-Werner Müller, “Italy: The Bright Side of Populism?,” New York Review of Books, June 8, 2018.
126. Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
127. Gerard Alberto and Ruth Oldenzeil, eds., Hacking Europe: From Computer Cultures to Demoscenses (London: Springer-Verlag, 2014), 173, citing Protocol of the Committee for Legal Affairs, Parliamentary Archives (PA-DBT 3109 A 10/6), Prot. 26.
128. Alberto and Oldenzeil, Hacking Europe, 174.
129. Alberto and Oldenzeil, Hacking Europe, 174.
130. Alberto and Oldenzeil, Hacking Europe, 170.
131. Vernon Silver, “The Hackers Russia Proofing Germany’s Elections,” Bloomberg Businessweek, June 26, 2017.
132. Silver, “The Hackers Russia Proofing.”
133. “Chaos Computer Club: Staatstrojaner Affair,” Wikipedia, https://en.wikipedia.org/wiki/Chaos_Computer_Club (accessed Janary 1, 2019).
134. Silver, “The Hackers Russia Proofing.”
135. “State Trojan Again on Trial in Constitutional Court,” Chaos Computer Club, July 6, 2015, https://www.ccc.de/en/updates/2015/bkag.
136. See, as an example, their statement on their “You Broke the Internet” webpage: “Others focus on anarchic technologies designed to undermine democracy, as if it was democracy’s fault that digital offences produce no evidence. They thereby foster platforms for bypassing social obligations like contributing taxes, but taxes are fundamental in order to produce infrastructure and social security for the weak. It is impressive how many people have been fooled into thinking negatively about taxes when they in fact depend on them for their own well-being. Only a tiny minority pays more taxes than it enjoys advantages from them. This project is for those who want to look into a future of an Internet, which actually respects constitutional principles and returns democracy to a mostly functional condition.” “You Broke the Internet,” http://youbroketheinternet.org (accessed February 1, 2018).
137. Jennifer Baker, “German Prosecutor Given Das Boot over Netzpolitik Treason Charge,” The Register, August 5, 2015, http://www.theregister.co.uk/2015/08/05/netzpolitik_treason_charges_chief_prosecutor_quits.
138. Staff, “Ex-federal Prosecutor Range Defends Conduct in Netzpolitik Scandal,” DW, August 7, 2015, http://www.dw.com/en/ex-federal-prosecutor-range-defends-conduct-in-netzpolitik-scandal/a-18633505; Baker, “German Prosecutor.”
139. Baker, “German Prosecutor.” See also “Our Statement,” Netzpolitik, https://netzpolitik.us.
140. Staff, “Ex-federal Prosecutor.”
141. Staff, “German Prosecutor’s Sacking over Netzpolitik Sparks Anger,” DW, August 5, 2015, http://www.dw.com/en/german-prosecutor-sacking-over-netzpolitik-sparks-anger/a-18628768. Technically the prosecutor resigned, but he was forced out after criticizing the minister for interference. See also Baker, “German Prosecutor.”
142. Baker, “German Prosecutor.”
143. Staff, “Critics Say Maas Sacked Prosecutor on Political Grounds,” DW, August 5, 2015, http://www.dw.com/en/critics-say-maas-sacked-prosecutor-on-political-grounds/a-18628274.
144. Tom Barfield, “Prosecutors Drop Netzpolitik Treason Probe,” The Local, August 10, 2015, https://www.thelocal.de/20150810/prosectors-drop-netzpolitik-treason-probe.
145. Barfield, “Prosecutors Drop.”
1. Walter Frick, “Boston: The Start-Up Revolution Reviving its Tech Cred,” BBC, September 4, 2013, http://www.bbc.com/future/story/20130903-boston-restoring-its-tech-cred.
2. The Mayflower Compact, essentially a social contract for the new colony, was signed on board ship in November 1620. “Mayflower Compact,” Wikipedia, https://en.wikipedia.org/wiki/Mayflower_Compact (accessed January 1, 2019).
3. “A Model of Christian Charity,” sermon by Governor John Winthrop delivered on board the Arbella in 1630, Winthrop Society, https://www.winthropsociety.com/doc_charity.php (accessed January 1, 2019).
4. Winthrop Society, “A Model of Christian Charity.”
5. “Congregationalism,” Encyclopaedia Britannica, https://www.britannica.com/topic/Congregationalism (accessed January 1, 2019).
6. They were settled in 1620, 1628, 1636, 1636, and 1681, respectively. “Plymouth Colony,” Wikipedia, https://en.wikipedia.org/wiki/Plymouth_Colony (accessed January 1, 2019).
7. “Making Democracy Work,” Harvard Kennedy School, https://www.hks.harvard.edu/research-insights/policy-topics/democracy/making-democracy-work (accessed January 1, 2018).
8. “Hack4Congress,” Harvard Kennedy School, https://ash.harvard.edu/hack4congress (accessed December 17, 2017).
9. Steven Levy, Hackers: Heroes of the Computer Revolution (Sebastopol: O’Reilly, [1984] 2010), 447–451.
10. For those interested in the full geneology, Patrick Henry Winston (Ford Professor of Artificial Intelligence and Computer Science at MIT) has informed me that “Marvin Minsky led the AI Group, which was a substantial part of Project MAC since Project MAC was established in 1963. In 1970, the AI Group, then led by Minsky and Seymour Papert, became an independent MIT Laboratory. Minsky’s AI Group in Project MAC had antecedents in the AI Project started by John McCarthy in the Research Laboratory of Electronics in the late 1950s.”
11. Levy, Hackers, 16–17.
12. Glyn Moody, “A Lawyer Who Is Also Idealist—How Refreshing,” The Guardian, March 30, 2006.
13. Emacs is a text editor—a program that edits plain text files. GNU Emacs, created by Richard Stallman, is a major element of GNU and one of the most powerful and most ported text editors available, noted for its extensibility.
14. Citing, for illustration, the balkanized, state-controlled internet that the Chinese government has imposed on a fifth of the world’s population; the apparent policy of the Indian government to create a biometrically registered, cashless society that would impose total social control on another large chunk of the world’s population; and the ascension to power of Donald Trump in the United States, “among the most dangerous men on earth to have any power and he is the most powerful man on earth.”
15. Stallman says that he suggests not using Trump’s name because it gratifies Trump’s narcissism. He says Trump ostensibly won the election with the most votes in the Electoral College. Stallman’s point is that Trump “won” some states’ electoral votes through cheating (voter suppression). With an honest election, Stallman contends, Trump would have lost in the Electoral College. Stallman, communication with author, March 4, 2019. https://us4.campaign-archive.com/?u=33e4ec877eed6a43863a4a92e&id=3a5e219073&e=8283eff9b8; https://theintercept.com/2016/10/27/voter-suppression-is-the-real-election-scandal.
16. Vernon Silver, “The Hackers Russia-Proofing Germany’s Elections,” Bloomberg Businessweek, June 28, 2017.
17. See “Disobedience Award,” MIT Media Lab, https://www.media.mit.edu/posts/disobedience-award.
18. Minow was Dean of Harvard Law School at the time of the video. She stepped down from that post in 2017. https://hls.harvard.edu/faculty/directory/10589/Minow.
19. Ito would later complete a PhD in Media and Governance at Keio Univeristy in 2018. Wikipedia, “Joi Ito.”
20. As a child growing up in Detroit, he was the protégé of his mother’s employer—the technologist and social activist Stanford Ovshinsky, who also is a self-taught technologist. “Joi Ito,” Wikipedia, https://en.wikipedia.org/wiki/Joi_Ito (accessed January 1, 2019).
21. “Joi Ito,” Wikipedia.
22. “The FP One Hundred Top Global Thinkers,” Foreign Policy, November 28, 2011.
23. Author’s interview with Joi Ito, May 24, 2019.
24. Two years later, in April–May 2019, when this book was about to go into production, I had occasion to be grateful for all of these functions. Media Lab staff generously fact-checked and helped to improve this chapter. I also had the opportunity to interview Joi Ito by phone and experience that friendly, accessible way he talks to everyone that seems to make him such a successful catalyst.
25. “Chat with Prof Ron Deibert and Edward Snowden,” RightsCon2016 Silicon Valley, video, published April 12, 2016, https://www.youtube.com/watch?v=l1Hy_OFkZ8s. At about thirty-nine minutes into the discussion, Snowden observes, “And that’s because many universities are reliant on government funding, government grants. And even outside the United States, because of the international nature of the collaboration that happened against the public here, where many of these documents don’t just implicate the United States government, they implicate what’s called the Five Eyes Network—the US, the UK, Canada, New Zealand, and Australia—in addition to wider groups of third-party partners. You start to see that it’s quite difficult find an institution that’s both got the credibility publicly to handle this in an appropriate way and the capability that they can protect this from the charges that national security officials will level that. Look, these are academics. They don’t know what they’re doing. They can’t fight against Chinese spies. They can’t fight against Russian spies and so on and so forth. …”
26. Mark Herz, “Harvard Withdraws Chelsea Manning’s Fellowship after CIA Director Backlash,” All Things Considered, NPR, September 15, 2015, transcript, https://www.npr.org/2017/09/15/551339949/harvard-withdraws-chelsea-mannings-fellowship-after-cia-director-backlash.
27. See a conversation between Reid Hoffman and Joi Ito in “The Future of Work,” video, filmed November 8, 2017, at EM Tech 2017, https://events.technologyreview.com/video/watch/joi-ito-reid-hoffman-future-of-work. Although more than half the money raised has gone to entities other than MIT and Harvard: for example to seed funding Julia Angwin’s new media enterprise, The Markup, and the ACLU’s (Mass.) Digital Liberties project, before it got a $10 million anonymous gift. Author’s interview with Joi Ito, May 24, 2019.
28. See a conversation between Reid Hoffman and Joi Ito about Ito’s new book Whiplash, video, published December 4, 2016, https://www.youtube.com/watch?v=Ak2Chkhn87o.
29. Hoffman and Ito, conversation about Whiplash.
30. For the “ninety companies” figure, see Steven Levy, “Joi Ito Explains Why Donald Trump Is Like the Sex Pistols,” Wired, December 6, 2016, https://www.wired.com/2016/12/joi-ito-explains-why-donald-trump-is-like-the-sex-pistols. See also “Media Lab Membership: Becoming a Member Company,” MIT, https://www.media.mit.edu/members/becoming-a-member-company (accessed February 18, 2018).
31. Joi Ito, “Whiplash: How to Survive Our Faster Future,” December 14, 2017, lecture at the Japan Society, New York City, video, https://www.youtube.com/watch?v=TTCwaOvSf24. See also MIT Media Lab, “Membership Levels,” post, accessed May 18, 2019, https://www.media.mit.edu/posts/membership-levels. Membership entails a minimum three-year commitment. Members are not all corporations. The ML Benefits document states: “Media Lab Members share free, non-exclusive licenses to all of the intellectual property developed during their time at the Lab. Non-Members may purchase licenses to Media Lab IP, but are excluded from doing so for a period of two years after disclosure. Members also have the option of purchasing an ‘except for Media Lab Members’ license, excluding Non-Members from licensing a specific invention. Members cannot exclude other Members from the shared pool of IP developed during their time.”
32. Levy, Hackers, 48.
33. Levy, “Joi Ito Explains.”
34. See “About the Lab: Mission and History,” MIT Media Lab, https://www.media.mit.edu/about/mission-history.
35. “Alex ‘Sandy’ Pentland: Ethics, Human Dynamics,” MIT Media Lab, https://www.media.mit.edu/people/sandy/overview.
36. See idcubed.org.
37. John Henry Clippinger and David Bollier, “The Rise of Digital Common Law: An Argument for Trust Frameworks, Digital Common Law, and Digital Forms of Governance,” http://idcubed.org/digital-law/the-rise-of-digital-common-law (accessed July 28, 2019).
38. John Henry Clippinger and David Bollier, “The Social Stack for New Social Contracts,” 2012, https://idcubed.org/digital-law/socialstack (accessed March 17, 2017).
39. John Perry Barlow and John Clippinger, speaking at the Stanford Blockchain Workshops, “Blockchain: Law, Regulation, Policy, the Law of the Horse,” published November 6, 2015, https://www.youtube.com/watch?v=wtMezbrA3gw.
40. David Cole, “Taxing the Poor,” New York Review of Books, May 10, 2018, https://www.nybooks.com/articles/2018/05/10/taxing-the-poor.
41. Leslie Albrecht, “One-Third of American Households Have Struggled to Afford Either Food, Shelter or Medical Care,” Marketwatch, September 27, 2017, cited in Umair Haque, “Why America Is the First Poor Rich Country; Or, How American Collapse Is Made of a New Kind of Poverty,” Eudaimonia, May 23, 2018, https://eand.co/why-america-is-the-worlds-first-poor-rich-country-17f5a80e444a.
42. Trebor Scholz and Nathan Schneider, eds., Ours to Hack and to Own: The Rise of Platform Cooperativism—A New Vision for the Future of Work and a Fairer Internet (New York: OR Books, 2016), 22.
43. Twice the poverty line was about $24,000 per year for the individual and $48,500 per year for a family of four. Of the 42.5 percent, 12.7 percent lived on less than $24,340 for a family of four (the poverty line), and 5.8 percent lived on less than $12,170 for a family of four. Jessica L. Semega, Kayla R. Fontenot, and Melissa A. Kollar, “Income and Poverty in the United States: 2016,” US Census Bureau, United States Department of Commerce, issued September 2017, https://www.census.gov/content/dam/Census/library/publications/2017/demo/P60-259.pdf.
44. Richard Stallman has pointed out that exponential growth is very common in nature and human activities. Exponential growth means that the increase in something is proportional to how big the thing already is and can involve rates as low as 1 percent (or less). The hypothetical technological “singularity” implies a growth rate that goes to infinity. The website https://freedom-to-tinker.com/2018/01/03/why-the-singularity-is-not-a-singularity explains this clearly. Vernor Vinge’s science fiction book Marooned in Real Time also shows what a technological singularity implies. Richard Stallman, correspondence with the author, January 7, 2018.
45. Joi Ito, “Resisting Reduction: A Manifesto,” Joi Ito’s Web, posted December 20, 2017, https://joi.ito.com/weblog/2017/12/20/resisting-reduction.html.
46. Ito, “Resisting Reduction.”
47. Ito tells the story in a blog post: “When Chelsea Manning’s fellowship at the Harvard Kennedy School was rescinded, she emailed me and asked if she could speak at the Media Lab. I was thinking about it, and I asked the administration what they thought, and they thought it was a terrible idea. And when they told me that I said, ‘You know, now that means I have to invite her.’ I remember our Provost Marty [Schmidt] saying, ‘I know.’ And that’s what I think is wonderful about being here at MIT: the fact that the administration understands that faculty must be allowed to act independently of the Institute.” Joi Ito, “My Talk at the MIT-Harvard Conference on the Uyghur Human Rights Crisis,” posted May 2, 2019, transcript, https://joi.ito.com/weblog/2019/05/02/my-talk-at-the-.html.
48. “Open code” is a catchier term but could mean either free software or open-source software, which as described in earlier chapters, are two different things politically.
49. The Berkman Center for Internet & Society, “Open Code Open Content Open Law: Building a Digital Commons,” Strategic Planning Session Paper, Harvard Law School, 1999, https://cyber.harvard.edu/sites/cyber.law.harvard.edu/files/opencode.session.pdf.
50. See “About Us,” Berkman Klein Center for Internet & Society, https://cyber.harvard.edu/about.
51. See “Network of Interdisciplinary Internet & Society Research Centers,” Berkman Klein Center for Internet & Society, https://cyber.harvard.edu/research/network_of_centers. See also “Towards a Global Network of Internet and Society Centers,” Alexander von Humboldt Institut für Internet und Gesellschaft, https://www.hiig.de/en/towards-a-global-network-of-internet-and-society-centers.
52. Jake Shapiro, former associate director and Berkman fellow, “Berkman@10 Report,” 2007, https://cyber.harvard.edu/sites/cyber.harvard.edu/files/Berkmanat10report.pdf.
53. Such as Eldred v. Ashcroft, 537 US 186 (2003), a challenge to the constitutionality of the Sonny Bono Copyright Term Extension Act, which extended US copyright terms by twenty years and increased penalties for infringement. Larry Lessig was lead counsel. The Court decided against the challenge.
54. Fab Labs are cooperative spaces that provide computer-assisted tools and materials for making just about anything that can be mass produced. The concept began as a project between the Grassroots Invention Group and the Center for Bits and Atoms at the MIT Media Lab with a grant from the National Science Foundation in 2001. An MIT course called “How to Make (Almost) Anything” was an inspiration. Fab Labs have subsequently sprouted up in many other places. The Vigyan Ashram in India was one of the first to be set up outside MIT. “Fab Lab,” Wikipedia, https://en.wikipedia.org/wiki/Fab_lab (accessed January 1, 2019).
55. It opened as a community-squatted space not long before the 15M encampment and movement of spring 2011. In May 2015, the Spanish government finally ceded the building to the community. Gloria D. Durán and Andrew W. Moore, “The Tabacalera of Lavapiés: Social Experiment or a Work of Art?,” Field (Winter 2015): 49, http://field-journal.com/wp-content/uploads/2016/10/FIELD-02-Duran-Moore-La-Tabacalera.pdf.
56. Heather Brooke, “Inside the Secret World of Hackers,” The Guardian, August 24, 2011, https://www.theguardian.com/technology/2011/aug/24/inside-secret-world-of-hackers.
57. Yochai Benkler, The Penguin and the Leviathan: How Cooperation Triumphs over Self-Interest (New York: Crown Business, 2011), 251.
58. Yochai Benkler, “The Idea of the Commons and the Future of Capitalism,” video, filmed at the Creative Commons Global Summit held in Seoul, Korea, October 15, 2015, https://www.youtube.com/watch?v=58s100KuAa0.
59. Samer Hassan’s project would win the largest individual research funding grant from the EU in spring 2018. Its name is “Decentralized Blockchain-Based Organizations for Bootstrapping the Collaborative Economy.”
60. David Harvey, “Marx, Capital and the Madness of Economic Reason,” London School of Economics lecture, video, filmed September 18, 2017, https://davidharvey.org/2017/09/video-audio-lse-lecture-marx-capital-madness-economic-reason-18-september-2017.
61. Sheldon Wolin, “Can Capitalism and Democracy Co-Exist?,” interview with Chris Hedges, The Real News, November 14, 2014, https://www.youtube.com/watch?v=LGc8DMHMyi8.
62. Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedoms (New Haven: Yale University Press, 2006), xii.
63. See the work of Gerald Davis of the Michigan University Business School.
64. Tuition and fees at Harvard are north of $45,000 per year, although Harvard has gone to considerable lengths in the last decade to make its costs more affordable to both American and foreign students, based on need. See Sarah Rimer and Alan Finder, “Harvard Steps Up Financial Aid,” New York Times, December 10, 2017. See also “Costs of Attendance,” Harvard University, https://college.harvard.edu/financial-aid/how-aid-works/cost-attendance, and “International Students,” https://college.harvard.edu/financial-aid/applying-aid/international-students (accessed January 1, 2019).
65. Moglen does not use these words. “Condition of freedom” is my paraphrase.
66. Eben Moglen, “Snowden and the Future: Westward the Course of Empire,” part 1 of a four-part lecture delivered at Columbia University October 9, 2013, in association with Software Freedom Law Center, http://snowdenandthefuture.info.