Journal ArticleDOI
Framing Techno-Regulation: An Exploration of State and Non-State Regulation by Technology
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TLDR
In this paper, the authors argue that state-authored techno-regulation has to be seen as supplemental to regular regulation because legitimacy requires the norms to be transparent and the regulator to be accountable for the norms.Abstract:
Artifacts are generally constructed on purpose and have intended and unintended effects on the conduct of people. As such, architecture can be used in regulating society, as speed ramps convincingly show. But is this de facto regulating behavior by means of technology, regulating society in a legal sense, or is it merely disciplining society? Individuals can decide not to comply with legislation but are generally forced to observe the norms imposed upon them by techno-regulation. Many prominent examples of techno-regulation can be found in the context of ICT, for instance DRM, content filtering, privacy enhancing technologies. Users in these contexts are typically bound by the norms embedded in the technology, without these norms being very transparent. Furthermore, techno-regulation in the ICT context is most prominently driven by industry, not government. The combination of the obscurity of the norms embedded in the technology, the strict enforcement of these norms and the process of their enactment raise many questions regarding the legal status and legal effects of techno-regulation. This paper explores the different forms of techno-regulation instituted by both public and private regulators in more detail and tries to answer the question how techno-regulation by public and private regulators should be understood from a legal point of view. The paper argues that state authored techno-regulation has to be seen as supplemental to regular regulation because legitimacy requires the norms to be transparent and the regulator to be accountable for the norms. With regards to non-state authored techno- regulation, the image is more diffuse. Some instances of techno-regulation have a clear legal status and the legal effects of transgressing the techno-norms are clear as well. In other cases, the legal status of the norms is unclear, yet their regulative effect real.read more
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Proceedings ArticleDOI
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References
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Journal ArticleDOI
Configuring the User as Everybody: Gender and Design Cultures in Information and Communication Technologies
TL;DR: In this article, the authors explore the barriers within current design cultures to account for the needs and diversity of users, and argue that we need to take into account the gender identity of designers to understand how design practices in ICT prioritize male users.
Journal ArticleDOI
Do Politics Have Artefacts
TL;DR: In social studies of technology, as in many other scientific disciplines, highly persuasive similes are at work: pious stories, seemingly reaped from research, suggesting certain general theoretical insights.
Journal ArticleDOI
The Challenges of Ambient Law and Legal Protection in the Profiling Era
TL;DR: Only a constructive and collaborative effort to migrate law from books to other technologies can ensure that Ambient Law becomes reality, safeguarding the fundamental values underlying privacy, identity, and democracy in tomorrow's ambient intelligent world.
Journal ArticleDOI
Legitimacy in a global order
TL;DR: In this paper, a study of legitimacy in a global order, not legitimacy of the global order is presented, and the authors explore the challenging issue of what legitimacy might mean within such a context, and on what basis that order could develop its own principles of legitimacy.
Journal ArticleDOI
Controlling the New Media: Hybrid Responses to New Forms of Power
Andrew D. Murray,Colin Scott +1 more
TL;DR: In this article Lawrence Lessig's 'modalities of regulation' analysis is developed and enriched through elaborating on the essential elements of control systems (standard–setting, monitoring and behaviour modification) to demonstrate the importance and variety of hybrid forms that real–world control systems take in the new media domains.
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