Tool Without a Handle: "Justified Regulation"
By Chuck Cosson on September 8, 2014 at 9:24 pm
This blog post picks up (finally) on the topic of regulation – in particular to discuss cases where the issue is universally understood as worthy of regulation, so much so that variation in regulatory approaches is less desirable. One example of tool use that is worthy of sanction is the non-consensual public distribution of private, sexually explicit images, particularly of children. Questions remain, though, as to whether regulation should apply to direct actors or also to intermediaries, and what specific requirements should apply.
In this post, I suggest some core criteria that should be present whenever any regulation of tool providers is considered: 1) strong social consensus there are concrete and significant harms to be addressed; 2) strong consensus that obligations should apply equally across all intermediaries and online providers; 3) strong consensus the regulation is appropriately tailored and enforceable as a technical and practical matter. Read more about Tool Without a Handle: "Justified Regulation"