Life in cyberspace is defined by code that makes it. There's different code in different cyber places. While AOL has enabled code for people to remain relatively anonymous and to talk freely within constraints, a lawyers' cooperative called Counsel Connect has lawyer members whose real names are revealed. In LamdaMOO, norms regulate behavior but when a ``cyber-rape'' occured, wizards deleted the offending user. In these places, we see how code regulates in that it sets the boundaries for our behavior.
Apparently as a more general theory Lessig states that the individual is regulated by four constraints: law, norms, market and architecture. These ``regulators'' are distinct, yet interdependent. The same forces in real space regulate cyberspace. Changing the law is not the only way to regulate. To disable car radio theft, one can increase punishments, or change the architecture so that the radio does not work outside the car. To reduce tobacco consumption, cigarette is taxed; regulation by changing the price. Teaching the youth hazards of drug reduce its use; regulation by changing social norms. Indirect, but effective regulation. Government can change the architecture of the Net and regulate in this manner.
On the top of TCP/IP stack 6sits applications. The design and implementation of application protocols has typically been open. Open source applications proliferated, and this open-ness lies in the tradition of Internet. On the contrary, commercial code, a late-comer in the game, was strictly closed. Enter the free software pioneer Richard M. Stallman. In 1984, he started writing a free 7 operating system called GNU[15] and worked with other hackers who helped him. In the 15 years following, thousands of hackers all over the world helped finish the components of the system; one of them being the Linux kernel. Free licenses endorse the commitment of this movement. GNU project's GPL (General Public License) requires that the source code of the program remains available and free to modify. Free code sits in the commons. The free software/open source movement was followed by Netscape as they released the source code to their browser, and later by IBM, SGI and others. Government cannot regulate open code easily, because it cannot control code writers - which one to pick? It can impose standards, but the result is always observable.