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Manipulating the governance characteristics of code

Rajiv C. Shah (Rajiv C. Shah is a Doctoral Candidate at the Institute of Communications Research, University of Illinois at Urbana‐Champaign, 228 Gregory Hall, 8105, Wright Street, Urbana, Illinois, USA. Tel: +1 217 444 2549; E‐mail:r‐shah4@uiuc.edu)
Jay P. Kesan (Jay P. Kesan is an Associate Professor at the College of Law and the Institute of Government and Public Affairs, University of Illinois at Urbana‐Champaign, 504 East Pennsylvannia Avenue, Champaign, Illinois, USA. Tel: +1 217 333 7887; E‐mail: kesan@law.muc.edu)

info

ISSN: 1463-6697

Article publication date: 1 August 2003

376

Abstract

Regulation through “code,” i.e. the hardware and software of communication technologies, is growing in importance. Policymakers are addressing societal concerns such as privacy, freedom of speech, and intellectual property protection with code‐based solutions. While scholars have noted the role of code, there is little analysis of the various features or characteristics of code that have significance in regulating behavior. This paper examines three universal governance characteristics that policymakers may use to ensure code comports with societal concerns. The characteristics are transparency, defaults, and standards. For each characteristic, the paper discusses the salient regulatory issues for manipulating code. Additionally, the paper provides normative proposals for modifying some characteristics, such as defaults. In sum, our analysis should aid policymakers seeking to manipulate code to ensure that code comports with our societal values and addresses our societal concerns.

Keywords

Citation

Shah, R.C. and Kesan, J.P. (2003), "Manipulating the governance characteristics of code", info, Vol. 5 No. 4, pp. 3-9. https://doi.org/10.1108/14636690310495184

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MCB UP Ltd

Copyright © 2003, MCB UP Limited

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