Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Configuring The Networked Citizen, Julie E. Cohen
Configuring The Networked Citizen, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Among legal scholars of technology, it has become commonplace to acknowledge that the design of networked information technologies has regulatory effects. For the most part, that discussion has been structured by the taxonomy developed by Lawrence Lessig, which classifies "code" as one of four principal regulatory modalities, alongside law, markets, and norms. As a result of that framing, questions about the applicability of constitutional protections to technical decisions have taken center stage in legal and policy debates. Some scholars have pondered whether digital architectures unacceptably constrain fundamental liberties, and what "public" design obligations might follow from such a conclusion. Others …