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1 Indian J. L. & Tech. 1 (2005)

handle is hein.journals/indiajoula1 and id is 1 raw text is: 20051 THE INDIAN JOURNAL OF LAW AND TECHNOLOGY Volume 1, 2005 TECHNOLOGY, LAW, FREEDOM AND DEVELOPMENT Yochai Benkler* ABSTRACT Technology interacts with social, economic and legal frameworks to set the basic 'affordances' and constraints of human action over time. While biotechnology and nanotechnology may portend significant upheavals in the future, the most significant present transformation revolves around computers and the emergence of the networked information economy. These new technological and economic conditions are creating new forms of production and new forms of social behaviour that are fundamentally altering the way we know the world, how we learn about how the world is and how we can make it become. It is important that we study this transformation and understand it in political as well as economic terms. How we manage the transition - in particular how we construct the basic institutions governing it, such as intellectual property and communications law - will go to the very structure of freedom and the possibility of human development in the coming decades. TABLE OF CONTENTS I. OF LAW, TECHNOLOGY AND BEHAVIOUR .............................. 2 II. THE RISE OF THE NETWORKED INFORMATION ECONOMY ... 4 III. THE CONSTRUCTION OF THE PUBLIC SPHERE ..................... 6 IV. COMMONS-BASED PRODUCTION AND DEVELOPMENT ......... 8 * Professor of Law, Yale Law School; LL.B. '91, Faculty of Law, Tel-Aviv University; J.D. '94, Harvard Law School. © 2005 Yochai Benkler. This work is published under the Creative Commons Attribution License, the terms of which are set forth at http://creativecommons.org/ licenses/by/2.0/legalcode, supplemented to require acknowledgement of initial publication in the Indian Journal of Law and Technology.