Law and technology

This article explains why technology and network architecture are the subject of law and regulation, can have law-like effects on society, and can be used as tools of the law. It includes historical examples from the predigital world, to heighten appreciation of the difference the transition from analogue to digital has made in this domain. These are technical standards for encryption and Peer-to-Peer (P2P) technologies, Deep Packet Inspection (DPI) as an element of the traffic management/ net neutrality debate, computer security and content censorship as issues which illustrate the relationship between technical issues and other regulatory matters (including digital rights management DRM), and emerging legal issues. It analyzes the spectrum of approaches taken by governments around the world, with examples of specific legal, regulatory, or policy approaches or tools from USA, UK and Europe. These areas are chosen as the most sophisticated and formally democratically accountable regions, whose lessons generally apply to other regions of the world.