What's law got to do with IT: an analysis of techno-regulatory incoherence

Zachary Cooper*, Arno R. Lodder

*Corresponding author for this work

Research output: Chapter in Book / Report / Conference proceedingChapterAcademicpeer-review

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Abstract

As the law has sought to gain greater control over the internet, this developing technoregulatory coherence has rendered the law increasingly incoherent when applied to emergent technologies. Developing technological architectures may therefore be allowed to privately regulate themselves, rather than undermine the functionality of our current regulatory web. Yet, the denser this web becomes, the more readily it can be exploited by design, with multiple fringe architectures co-existing with functionalities intentionally abstracted from legal regulatory models. We risk entrenching a centralised framework, which distracts from a peripheral landscape wherein fragmentation and legal incoherence abounds.
Is such a future improbable, fundamentally limited by our inability to develop technological architectures of requisite utility fast enough to create such confusion? Or will the inherent utility of incoherence be exploited? If the law is to maintain its regulatory sovereignty over the future, it must disentangle itself from the architectures of the present.
Original languageEnglish
Title of host publicationResearch Handbook on Law and Technology
EditorsBartosz Brożek, Olia Kanevskaia, Przemysław Pałka
PublisherEdward Elgar Publishing Ltd.
Chapter4
Pages45-58
Number of pages14
ISBN (Electronic)9781803921327
ISBN (Print)9781803921310
DOIs
Publication statusPublished - 2023

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