Novel Entanglements of Law and Technology
Chapter 10: The end of law or Legal Protection by Design
This book ends with Legal Protection by Design (LPbD) in a data-driven environment, weaving together some of the open endings of previous chapters. The argument is that without LPbD we face the end of law as we know it, though – paradoxically – engaging with LPbD will inevitably end the hegemony of modern law as we know it. There is no way back, we can only move forward. However, we have different options; either law turns into administration or techno-regulation, or it re-asserts its ‘regime of veridiction’ in novel ways. Moreover, I will briefly develop two types of design solutions that are not – yet – implementations of legal conditions; though I will argue that once they become operational they should be integrated into the legal framework. This would qualify them as instances of LPbD. That is how socio-technical innovation should drive legal protection and vice versa. In this chapter I will briefly discuss why technology neutral law is a necessity, while technologically neutral law is an impossibility. This paves the way for a demonstration of how the upcoming obligation of Data Protection by Design (DPbD) qualifies as a form of LPbD that validates the fundamental right to data protection. This will be followed by two ways of engaging with the architecture of the onlife world that go beyond data protection: counter-profiling as a general strategy to figure out how one is targeted; and morphological computation in robotics to diminish dependence on central control models of intelligence. I will argue that counter-profiling
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