Course Information
This is a core course.
The use of networked, digital technologies has become an integral part of our professional, personal and social lives, and as a consequence, mediated interaction and communication has become a central part of our everyday lives. While this has enriched our lives and made them more efficient, using a new, networked environment also entails that we need to establish novel social practices, learn new rules of etiquette, and develop an understanding of the working of social and technical systems and the consequences these have for social norms and transgressions. Regulating what can and cannot be done in networked technological environments has therefore become a pressing question for regulators and policy makers, for technology developers, for businesses, and for individuals alike. Collectively, we need to define new rules, norms and social codes for the use of digital technologies, and our behavior in the networked environments they facilitate.
In order to come to a proper understanding of the topic of regulation in relation to digital technologies, and the role that law might fulfill in relation to such technologies, we must begin by getting a grip on what we mean by ‘regulation’. The term regulation has gained prominence in recent years in many different (academic) fields, including law, economics and finance, political science and policy making, environmental science etc. In this course we will look at the ways in which a wide variations of strategies for technology regulation are used to steer, guide, limit or promote specific behaviors by governments, institutions, businesses, sectors, and individuals. Regulation via ethics, laws, markets and architecture are discussed. Students will come to understand that as lawyers, policy makers and regulators there is always a variety of different regulatory strategies they can choose from in tackling regulatory challenges, they will come to understand the pros and cons of each, and they will learn to make an informed choice for, and to provided proper argumentative underpinnings for, specific forms of regulation as applied in specific cases.
Regulating technology implies regulating behavior. Special attention will be given to the use of technological means to steer, guide, and regulate individuals’ behavior. This has come to be known as ‘technological influencing’ or ‘regulation by technology’. Technological influencing can take several forms, ranging from nudging and persuading users to follow a certain course of action, to outright ‘techno-regulation’, viz. hard-coding normative or legal codes into technologies to make certain behaviors impossible and stimulate others. By hard-coding rules into digital technologies and networked environments, people and organizations subjected to regulation will automatically comply, rather than being asked to make a choice on whether or not to follow these rules.
Course objectives
Understand that the behaviors of citizens, businesses and governments can be regulated through many different means, and that regulators must choose the best regulatory strategy (or ‘tool’) for each regulatory challenge.
Understand that technology can be used to regulate human behavior, and what the merits, pitfalls and side-effects of this regulatory strategy are.
Understand the origins of regulators’ increasing propensity to choose techno-regulation or nudging in an attempt to tackle difficult regulatory challenges, for example in relation to the internet.
Understand the complexities of regulating technology, and using technology to regulate.
Be able to point out the pros and cons of using various regulatory strategies for different regulatory challenges, and will be able to choose the best strategy for each challenge, to argue why this tool is the best and how they have weighed the aforementioned pros and cons.
Achievement levels
Acquiring knowledge of, and insight into, the fundamentals of the concept of regulation.
Getting to know the many different forms and types of regulation that exist, and being able to choose specific forms of regulation for specific regulatory challenges (cases).
Gaining in-depth knowledge of the strengths, weakness, and applicability of one specific strategy for regulation, viz. 'regulation by technology’ or ‘technological influencing’.
Mode of instruction
8 interactive classes
During the clasess, course materials will be discussed
Group exercises and discussions during class
Course Requirement
Master Degree
Timetable
The timetable of this course will be available for students in MyTimetable
Brightspace
More information on this course is offered in Brightspace
Attendance
Attendance is mandatory as specified in Article 5.1 of the Course and Examination Regulations of the Master of Laws Advanced Studies Programmes
Examination Method
- Written exam (100%)
Required reading list
See Brightspace
Contact information
Programme Coordinator
Ms Patricia Garcia Fernandez
Telephone number: 0031- 71 527 4228
E-mail: lawanddigitaltechnologies@law.leidenuniv.nl
Course Coordinator
Prof Bart Custers
b.h.m.custers@law.leidenuniv.nl
“Disclaimer:
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.