Written one way, that code might allow complete anonymity, written another way, and every move a person makes might be observable or traceable. Instead, he calls upon his readers to consider how the code should be structured to provide freedom and privacy in those situations where it is warranted, yet also provide a means of regulation where perhaps regulation might be needed. Lessig begins his discussion with a comparison of two different computer networks. Complete access to the net is free and anonymous. At Harvard University, though, only registered machines owned by registered users can access the net.
Access is controlled, and all actions taken can be traced directly to the machine and user.
There is no anonymity. Moreover, governments have the authority, should they choose to exercise it, to require code to be written or structured in ways which make regulation more or less difficult. Having established that software can be structured to regulate cyberspace, Lessig then focuses on several concrete ideas and several areas of the law. Take, for example, the problem of gambling on the Internet in a state where gambling is illegal. The state in which gambling is illegal does not want its citizens gambling.