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One can discern the following relationships between the Law and Technology: 1. In other words: the very spirit and letter of the law is violated (the law is broken) if a certain technology is not employed or not put to correct use. All technologies obey the laws of nature - but we, in this discussion, I believe, wish to discuss only the laws of Man. Once a law is enacted - which reflects the state of the art technology - the roles are reversed and the law gives a boost to technology. I am using the term 'interaction' judiciously because there are four types of such encounters between technology and the law: (a) A positive law which follows a technological advance (a law regarding seat belts after seat belts were invented). (c) Structural interventions of the law (or law enforcement authorities) in a technology or its implementation. A Law that cannot be made known to the citizenry or that cannot be effectively enforced is a 'dead letter' - not a law in the vitalist, dynamic sense of the word. More importantly, technology enhances the efficacy of law enforcement and, thus, renders the law applicable. Article: One can discern the following relationships midst the Law and Technology: 1. Sometimes technology becomes an inseparable part of the law. In extreme cases, technology itself becomes the law. The use of polygraphs, faxes, telephones, video, auricular and computers is an integral part of many laws - etched into them. It is not an self-styled co-habitation: the technology is precisely defined in the law and forms a CONDITION within it. In other words: the very spirit and letter of the law is violated (the law is broken) if a clear as day technology is not employed or not put to correct use. Think close at hand police laboratories, close upon the O.J. Simpson case, the importance of DNA prints in everything from determining fatherhood to exposing murderers. Think near the reasonableness of polygraph tests in a few countries. Think roughly the polling of members of wings of directors by phone or fax (explicitly required by law in many countries). Think circa assisted suicide by administering painkillers (medicines are by far the most sizeable technology in terms of money). Think as respects security screening by using advances technology (retina imprints, voice recognition). In all these cases, the use of a specific, well defined, technology is not random left to the judgement of law enforcement agents and courts. It is not a set of options, a menu to fastidious from. It is an INTEGRAL, crucial part of the law and, in many instances, it IS the law itself. 2. Technology itself contains embedded laws of all kinds. Consider internet protocols. These are laws which form part and parcel of the process of decentralized data exchange so average to the internet. Even the language used by the technicians implies the legal origin of these protocols: 'handshake', 'negotiating', 'protocol', 'agreement' are all legal terms. Standards, protocols, functional codes - whether voluntarily elect or not - are all form of Law. Thus, internet wooing are allocated by a routine authority. Netiquette is enforced universally. Special roustabout and software prevent render numerous content inaccessible. The scientific method (a codex) is part of every technological advance. Microchips incorporate in silicone agreements regarding standards. The law becomes a part of the technology and can be deduced simply by studying it in a process known as 'reverse engineering'. In stating this, I am making a distinction betwixt and between lex naturalis and lex populi. All technologies obey the laws of nature - but we, in this discussion, I believe, wish to discuss only the laws of Man. 3. Technology spurs on the law, spawns it, as it were, gives it birth. The reverse process (technology invented to furnish a law or to facilitate its implementation) is more rare. There are numerous examples. The invention of modern cryptography led to the formation of a host of governmental institutions and to the passing of numerous relevant laws. More recently, microchips which common scold reliable web content led to proposed legislation (to forcibly embed them in all computing appliances). Sophisticated eavesdropping, wiring and tapping technologies led to laws regulating these activities. Distance learning is transforming the laws of accreditation of owlish institutions. Air transport forced health them all over the world to revamp their quarantine and epidemiological policies (not to mention the laws related to air travel and aviation). The list is interminable. Once a law is enacted - which reflects the state of the art technology - the roles are reversed and the law gives a sell to technology. Seat belts and airbags were invented first. The law making seat belts (and, in some countries, airbags) mandatory came (much) later. But once the law was enacted, it fostered the formation of whole industries and technological improvements. The Law, it would seem, legitimizes technologies, transforms them into 'mainstream' and, thus, into legitimate and immediate concerns of individualism and capitalists (big business). Again, the list is dizzying: antibiotics, rocket technology, the internet itself (first developed by the Pentagon), telecommunications, medical computerized scanning - and numerous other technologies - came into real, widespread materiality following an interaction with the law. I am using the term 'interaction' judiciously insofar as there are four types of such encounters technology and the law: (a) A positive law which follows a technological slip (a law regarding seat belts congruent with seat belts were invented). Such positive laws are intended either to disseminate the technology or to stifle it. (b) An intentional legal lacuna intended to encourage a an technology (for instance, very little legislation pertains to the internet with the express aim of 'letting it be'). Deregulation of the airlines industries is contributory example. (c) Structural interventions of the law (or law enforcement authorities) in a technology or its implementation. The best examples are the offence up of AT&T in 1984 and the current anti-trust case on Microsoft. Such structural transformations of monopolists release hitherto monopolized information (for instance, the source codes of software) to the public and increases competition - the mother of invention. (d) The conscious encouragement, by law, of technological research (research and development). This can be done directly through government grants and consortia, Japan's MITI someone the finest example of this approach. It can also be done indirectly - for instance, by freeing up the glaring and labour markets which often leads to the formation of risk or venture nick invested in new technologies. The USA is the most prominent (and, now, emulated) example of this path. 4. A Law that cannot be made known to the body politic or that cannot be effectively enforced is a 'dead letter' - not a law in the vitalist, dynamic sense of the word. For instance, the Laws of Hammurabi (his codex) are still off duty (through the internet) to all. Yet, do we consider them to be THE or even A Law? We do not and this is as things go Hammurabi's manuscript is both unknown to the people at large and inapplicable. Hammurabi's Laws are inapplicable not being as how they are anachronistic. Islamic law is as past due as Hammurabi's code - yet it IS happy and employed in many countries. interest is the result of ENFORCEMENT. Laws are manifestations of asymmetries of power the state and its subjects. Laws are the enshrining of violence practical for the 'common good' (whatever that is - it is a shifting, relative concept). Technology plays an indispensable role in both the dissemination of information and in enforcement efforts. In other words, technology helps teach the citizens what are the laws and how are they likely to be used (for instance, through the courts, their decisions and precedents). More importantly, technology enhances the efficacy of law enforcement and, thus, renders the law applicable. Police cars, court tape recorders, DNA imprints, fingerprinting, phone tapping, electronic surveillance, satellites - are all instruments of more effective law enforcement. In a broader sense, ALL technology is at the disposal of this or that law. Take defibrillators. They are used to resuscitate patients suffering from severe anal arrhythmia's. But such resuscitation is MANDATORY by LAW. So, the defibrillator - a technological medical instrument - is, in a way, a law enforcement device.
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