How to Think About Law, Regulation and Technology: Problems with 'Technology' as a Regulatory Target

Abstract

This article explores the ways in which scholars exploring issues around law, regulation and technology can engage in meaningful conversations that cross doctrinal and technological categories. It argues that discussions around “technology regulation” add little to theories of regulation generally and that, to the extent “technology” deserves special consideration, it is because of the types of issues that arise as technology changes. The real issue is thus exploring how law and regulation can remain connected with changing socio-technical practices, whether or not technology is the regulatory target.

Keywords: Technology regulation, law and technology, law and technological change, legal scholarship