Private creation of Internet "law": overcoming a false intellectual universe

Recent scholarship-legal and otherwise-condemns traditional notions of government and adjudication as being antithetical to the "revolutionary" essence of digital technology. How viable is this position, and what alternative paradigms might be appropriate? It is important to consider what will be gained and lost if law is recast in a digital image. At the same time, we need a dialogue between those who construct the tools of data access, and those charged with legal policy.