Manipulating the governance characteristics of code

Manipulating the governance characteristics of code Regulation through “code,” i.e. the hardware and software of communication technologies, is growing in importance. Policymakers are addressing societal concerns such as privacy, freedom of speech, and intellectual property protection with code‐based solutions. While scholars have noted the role of code, there is little analysis of the various features or characteristics of code that have significance in regulating behavior. This paper examines three universal governance characteristics that policymakers may use to ensure code comports with societal concerns. The characteristics are transparency, defaults, and standards. For each characteristic, the paper discusses the salient regulatory issues for manipulating code. Additionally, the paper provides normative proposals for modifying some characteristics, such as defaults. In sum, our analysis should aid policymakers seeking to manipulate code to ensure that code comports with our societal values and addresses our societal concerns. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png info Emerald Publishing

Manipulating the governance characteristics of code

info, Volume 5 (4): 7 – Aug 1, 2003

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Publisher
Emerald Publishing
Copyright
Copyright © 2003 MCB UP Ltd. All rights reserved.
ISSN
1463-6697
DOI
10.1108/14636690310495184
Publisher site
See Article on Publisher Site

Abstract

Regulation through “code,” i.e. the hardware and software of communication technologies, is growing in importance. Policymakers are addressing societal concerns such as privacy, freedom of speech, and intellectual property protection with code‐based solutions. While scholars have noted the role of code, there is little analysis of the various features or characteristics of code that have significance in regulating behavior. This paper examines three universal governance characteristics that policymakers may use to ensure code comports with societal concerns. The characteristics are transparency, defaults, and standards. For each characteristic, the paper discusses the salient regulatory issues for manipulating code. Additionally, the paper provides normative proposals for modifying some characteristics, such as defaults. In sum, our analysis should aid policymakers seeking to manipulate code to ensure that code comports with our societal values and addresses our societal concerns.

Journal

infoEmerald Publishing

Published: Aug 1, 2003

Keywords: Information; Communication processes; Technology led strategy; Regulation; Standards; Modulators

References

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