I wrote a new essay entitled “Code, Nudge, or Notice?” that might interest CIS readers. The essay compares side-by-side three ways that the government tries to influence citizen behavior short of making it illegal. It uses contemporary examples, like the graphic warnings the FDA wants to put on cigarettes, to make the point that it sometimes hard to sort regulations into neat categories like “architecture,” “libertarian paternalism,” or “mandatory disclosure” (code, nudge, or notice). Instead, I argue that regulators should focus on the more fundamental difference between helping people and hindering them. Along the way, I make the point that all of forensics may be a kind of “code” that turns an ordinary location into a crime scene—sort of like putting a traffic camera up at an intersection only after someone runs the red light. Thoughts warmly welcome. Here is the abstract:
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