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Regulation 2.0: The Marriage Of New Governance And "Lex Informatica", Abbey Stemler
Regulation 2.0: The Marriage Of New Governance And "Lex Informatica", Abbey Stemler
Vanderbilt Journal of Entertainment & Technology Law
Throughout history, disruptive technologies have transformed industry and signaled the destruction or creation of regulatory structures. When crafting regulations, governments often utilize Regulation 1.0 approaches, characterized by top-down design standards that dictate exactly how the regulated must act in order to prevent market failures. Regulation 1.0 increases barriers to entry and decreases the room for business experimentation. Regulation 2.0, by contrast, is a theoretical approach for regulating companies that rely on platform-mediated networks. It marries New Governance theory and the concept of lex informatica. This marriage allows for the collaborative creation of design standards that are then enforced through mediating …