Thoughts on techno-social engineering of humans and the freedom to be off (or free from such engineering)
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Brett Frischmann
Abstract
This Article examines a constitutional problem that largely goes unnoticed and unexamined by legal scholars — the problem of technosocial engineering of humans. After defining terms and explaining the nature of the problem, I explain how techno-social engineering of humans is easily ignored, as we perform constrained cost-benefit analyses of incremental steps without contemplating the path we are on. I begin with two nonfiction stories, one involving techno-social engineering of human emotions and a second involving technosocial engineering of children’s preferences. The stories highlight incremental steps down a path. Then, through plausible fictional extensions, I explore steps further down the path. The Article ends with a fact pattern familiar to every reader. It explains how the electronic contracting environment we experience regularly online is an example of techno-social engineering of humans with the (un) intended consequence of nudging humans to behave like machines — perfectly rational, predictable, and ultimately programmable.
© 2016 by Theoretical Inquiries in Law
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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
