Technology: Transforming the Regulatory Endeavor
Thursday, March 3, 2011
Held at the UC Berkeley School of Law, Booth Auditorium
This Symposium, to be held on Thursday, March 3, 2011 will address the ways that technological developments are transforming the task of regulation.
The two morning panels will provide a discussion of the broad issues affecting this transformation. The first panel will consider the increasing attempts to use technology to enhance regulatory capacity, both by using it to improve government capacity for decision-making and monitoring, and by employing “code” as a regulatory tool in addition to formal law. It will address both the powerful potential of this development, as well as some of the concerns it raises. The second panel will consider the challenges posed for legislation and regulatory promulgation by the rapid technological change.
The keynote address by New York University Technology Scholar Helen Nissenbaum will consider the question of pre-emption and circumvention—if technology regulates, why do we need regulation (and vice versa). This will set the stage for the three afternoon panels, which will address that question in three different substantive contexts: environmental regulation, privacy regulation, and risk management.