Technology and Regulation https://techreg.org/index.php/techreg <p>An interdisciplinary journal of law, technology, and society</p> en-US <p>Technology and Regulation (TechReg) is an open access journal which means that all content is freely available without charge to the user or his or her institution. Users are permitted to read, download, copy, distribute, print, search, or link to the full texts of the articles, or to use them for any other lawful purpose, without asking prior permission from the publisher or the author.&nbsp;Submissions are published under a <a href="https://creativecommons.org/licenses/by-nc-nd/4.0/">Creative Commons BY-NC-ND license</a>.</p> r.e.leenes@tilburguniversity.edu (Ronald Leenes) a.k.martin@uvt.nl (Aaron Martin) Wed, 31 Mar 2021 00:00:00 -0700 OJS 3.1.2.0 http://blogs.law.harvard.edu/tech/rss 60 Keeping up with cryptocurrencies https://techreg.org/index.php/techreg/article/view/65 <p><span lang="EN-GB">Invented in 2008 with Bitcoin, cryptocurrencies represent a radical technological innovation in finance and banking; one which threatened to disrupt the existing regulatory regimes governing those sectors. This article examines, from a reputation management perspective, how regulatory agencies framed their response. Through a content analysis, we compare communications from financial conduct regulators in the UK, US, and Australia. </span><span lang="EN-US">Despite the risks, challenges, and uncertainties involved</span><span lang="EN-GB"> in cryptocurrency supervision, we find regulators treat the technology as an opportunity to bolster their reputation in the immediate wake of the Global Financial Crisis. <a name="_Hlk59614435"></a>Regulators frame their response to cryptocurrencies in ways which reinforce the agency’s ingenuity and societal importance. We discuss differences in framing between agencies, illustrating how historical, political, and legal differences between regulators can shape their responses to radical innovations. </span></p> Lauren Fahy, Scott Douglas, Judith van Erp Copyright (c) 2021 Lauren Fahy, Scott Douglas, Judith van Erp https://creativecommons.org/licenses/by-nc-nd/4.0/ https://techreg.org/index.php/techreg/article/view/65 Wed, 31 Mar 2021 01:05:35 -0700 Not Hardcoding but Softcoding Data Protection https://techreg.org/index.php/techreg/article/view/59 <p><span lang="EN-US">The delegation of decisions to machines has revived the debate on whether and how technology should and can embed fundamental legal values within its design. While these debates have predominantly been occurring within the philosophical and legal communities, the computer science community has been eager to provide tools to overcome some challenges that arise from ‘hardwiring’ law into code. What emerged is the formation of different approaches to code that adapts to legal parameters. Within this article, we discuss the translational, system-related, and moral issues raised by implementing legal principles in software. While our findings focus on data protection law, they apply to the interlinking of code and law across legal domains. These issues point towards the need to rethink our current approach to design-oriented regulation and to prefer ‘soft’ implementations, where decision parameters are decoupled from program code and can be inspected and modified by users, over ‘hard’ approaches, where decisions are taken by opaque pieces of program code. </span></p> Aurelia Tamò-Larrieux, Simon Mayer, Zaïra Zihlmann Copyright (c) 2021 Aurelia Tamò-Larrieux, Simon Mayer, Zaïra Zihlmann https://creativecommons.org/licenses/by-nc-nd/4.0/ https://techreg.org/index.php/techreg/article/view/59 Thu, 06 May 2021 02:34:12 -0700