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by jcranmer 1500 days ago
> Code is law in crypto. You can’t hate the law/regulation then call it in when you need it.

"Code is law" is the mantra of people who are either ignorant of how the law works or attempting to run from the law [1]. You don't get to choose whether or not the law applies to you [2].

[1] Or both. These aren't mutually exclusive categories.

[2] Source: see every sovereign citizen case ever. I was originally going to write "ask any sovereign citizen," but then I remembered that the failure of their legal theories to ever find purchase in a courtroom does surprisingly little to make them realize that they are wrong.

3 comments

we don't get to choose whether the law applies to us, but we do get to choose whether the code applies to us. The idea being that code is is far more powerful than law

Edit: see Tor/I2P vs censorship law, or BitTorrent vs copyright law

That seems odd. People get fined when trying to circumvent copyright (or more). Censorship laws don't disappear just cuz you have a trick around the implementation of some firewall.

I would also counter the idea that we choose whether code applies to us! Loads of daily interactions with different companies or the government go through automated systems that make their own decisions.

We don't have line item vetos on what affects us in life, in a lot of scenarios. There are a whole lot of package deals, and big bureaucracy is a part of that.

> That seems odd. People get fined when trying to circumvent copyright (or more).

If they get caught. If you were opposed to copyright law, why go toe-to-toe against IP lobbyists when you can make a computer program that makes their tyrannical laws irrelevant?

> Censorship laws don't disappear just cuz you have a trick around the implementation of some firewall.

Censorship laws don't need to dissapear so long as they are rendered unenforcable.

> I would also counter the idea that we choose whether code applies to us! Loads of daily interactions with different companies or the government go through automated systems that make their own decisions.

You can make code apply to you, but you cannot make code not apply to you. Once someone starts using a technology, that changes the game in an irreversable way.

> We don't have line item vetos on what affects us in life, in a lot of scenarios. There are a whole lot of package deals, and big bureaucracy is a part of that.

No, you merely accept bureaucracy because you are old and complacent.

Bureaucracy and legal systems pose some sort of physical threat to you and can use violence (or the threat of violence) to enforce their rules.

In most western societies this happens only if absolutely necessary, after many warnings and the reactions are quite measured (e.g. you won't get shot for a parking ticket). The existence of assholes make people ask for rules to reign them in.

Whoever can send armed people to your door makes the rules. If you are a lucky you have some degree of say who that is (elections) and what that rules might be (e.g. ballot measures, public discussion). If you are unlucky the militia just shows up and takes you to a dark alley.

Crypto (or any other technology for that matter) doesn't change that fundamental fact that your physical body is located somewhere on this world and is accessible to someone. It takes some time for the bureaucracy and the laws to adjust but it always happens. If need be (e.g. you created a smart contract that does something illegal) you can be punished so other people won't do the same.

In conclusion:

> No, you merely accept bureaucracy because you are old and complacent

Is not how these things work at all.

In this case I was just using it as a figure of speech, commonly used in the crypto community.

It would be interested to see how different courts would settle the matter. I imagine it will be an interesting legal future for various crypto projects.

You can choose to give your consent to activities like exploiting code though. You can consent to being in a fight (e.g. boxing or mutual combat states). You can consent do whatever with your code (e.g. CTF style sites). To me, it seems like saying "Code is law" or allowing people to create arbitrary proposals and voting on them with loaned money is kind of consenting to whatever happens.
There are things you can't legally consent to. You may able to consent to being in a fight, but you generally can't consent to a fight to the death (e.g., a duel). Nor can you generally enter into an agreement to commit fraud, or other illegal activities.