The regulatory state in the information age
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Julie E. Cohen
Abstract
This Article examines the regulatory state through the lens of evolving political economy, arguing that a significant reconstruction is now underway. The ongoing shift from an industrial mode of development to an informational one has created existential challenges for regulatory models and constructs developed in the context of the industrial economy. Contemporary contests over the substance of regulatory mandates and the shape of regulatory institutions are most usefully understood as moves within a larger struggle to chart a new direction for the regulatory state in the era of informational capitalism. A regulatory state optimized for the information economy must develop rubrics for responding to three problems that have confounded existing regulatory regimes: (1) platform power — the power to link facially separate markets and/or to constrain participation in markets by using technical protocols; (2) infoglut — unmanageably voluminous, mediated information flows that create information overload; and (3) systemic threat — nascent, probabilistically-defined harm to be realized at some point in the future. Additionally, it must develop institutions capable of exercising effective oversight of informationera activities. The information-era regulatory models that have begun to emerge are procedurally informal, mediated by networks of professional and technical expertise that define relevant standards, and financialized. Such models, however, also have tended to be both opaque to external observation and highly prone to capture. New institutional forms that might ensure their legal and political accountability have been slow to develop.
© 2016 by Theoretical Inquiries in Law
Articles in the same Issue
- Theoretical Inquiries in Law
- Research Article
- Introduction
- Research Article
- The regulatory state in the information age
- Research Article
- The policy battle over information and digital policy regulation: a canadian perspective
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- Technological tattletales and constitutional black holes: communications intermediaries and constitutional constraints
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- Platform neutrality: enhancing freedom of expression in spheres of private power
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- Taking notice seriously: information delivery and consumer contract formation
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- Thoughts on techno-social engineering of humans and the freedom to be off (or free from such engineering)
- Research Article
- Freedom to tinker
- Research Article
- Technological neutrality: recalibrating copyright in the information age
- Research Article
- Intellectual property, antitrust, and the rule of law: between private power and state power
- Research Article
- Compounding errors: why heightened regulation and taxation are bad antidotes for recessions and income inequality
Articles in the same Issue
- Theoretical Inquiries in Law
- Research Article
- Introduction
- Research Article
- The regulatory state in the information age
- Research Article
- The policy battle over information and digital policy regulation: a canadian perspective
- Research Article
- Technological tattletales and constitutional black holes: communications intermediaries and constitutional constraints
- Research Article
- Platform neutrality: enhancing freedom of expression in spheres of private power
- Research Article
- Taking notice seriously: information delivery and consumer contract formation
- Research Article
- Thoughts on techno-social engineering of humans and the freedom to be off (or free from such engineering)
- Research Article
- Freedom to tinker
- Research Article
- Technological neutrality: recalibrating copyright in the information age
- Research Article
- Intellectual property, antitrust, and the rule of law: between private power and state power
- Research Article
- Compounding errors: why heightened regulation and taxation are bad antidotes for recessions and income inequality
