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Regulating Technologies: Legal Futures, Regulatory Frames and Technological Fixes

ISBN13: 9781841137889
Published: October 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £37.99

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While it is a truism that emerging technologies present both opportunities for and challenges to their host communities, the legal community has only recently begun to consider their significance. On the one hand, emerging information, bio, nano, and neurotechnologies challenge policy-makers who aspire to put in place a regulatory environment that is legitimate, effective, and sustainable; on the other hand, these same technologies offer new opportunities as potentially powerful regulatory instruments.

In this unique volume, a team of leading international scholars address many of the key difficulties surrounding the regulation of emerging technological targets as well as the implications of adopting technology as a regulatory tool.

How should we rise to the challenge of regulating technologies? How are the regulatory lines to be drawn in the right places and how is the public to be properly engaged? How is precaution to be accommodated, and how can the law keep pace with technologies that develop ahead of the regulatory environment?

How readily should we avail ourselves of the opportunity to use technology as a regulative strategy? How are we to understand these strategies and the challenges which they raise? To what extent do they give rise to similar policy problems accompanying more 'traditional' regulatory instruments or generate distinctive challenges? While the criminal justice system increasingly relies on technological assistance and the development of a “surveillance society”, is a regulatory regime that rules by technology compatible with rule of law values?

Police and Public Order Law
Introductory Reflections
1. Regulating Technologies: Tools, Targets and Thematics
Roger Brownsword and Karen Yeung
2. So What Does the World Need Now? Reflections on Regulating Technologies
Roger Brownsword
Part One: Technology as a Regulatory Tool
3. Crime Control Technologies: Towards an Analytical Framework and Research Agenda
Ben Bowling, Amber Marks and Cian Murphy
4. Towards an Understanding of Regulation by Design
Karen Yeung
5. Internet Filtering: Rhetoric, Legitimacy, Accountability and Responsibility
TJ McIntyre and Colin Scott
6. Perfect Enforcement on Tomorrow’s Internet
Jonathan Zittrain
7. Criteria for Normative Technology: The Acceptability of ‘Code as law’ in Light of Democratic and Constitutional Values
Bert-Jaap Koops
8. A Vision of Ambient Law
Mireille Hildebrandt
9. The Trouble with Technology Regulation: Why Lessig’s ‘Optimal Mix’ Will Not Work
Serge Gutwirth, Paul De Hert and Laurent De Sutter
Part Two: Technology as a Regulatory Target
10. Cloning Trojan Horses: Precautionary Regulation of Reproductive Technologies
Han Somsen
11. The Transplantation of Human Fetal Brain Tissue: The Swiss Federal Law
Andrea Büchler
12. Tools for Technology Regulation: Seeking Analytical Approaches Beyond Lessig and Hood
Charles D Raab and Paul De Hert
13. Conceptualising the Post-Regulatory (Cyber)state
Andrew D Murray
14. Vicissitudes of Imaging, Imprisonment and Intentionality
Judy Illes
15. Taming Matter for the Welfare of Humanity: Regulating Nanotechnology
Hailemichael Teshome Demissie
16. Regulating Renewable Energy Technologies: The Chinese Experience
Deng Haifeng
Closing Reflections
17. New Frontier: Regulating Technology by Law and ‘Code’
Michael Kirby