Technological Neutrality in Law and Politics A Political Reappraisal

Technological neutrality in law is, roughly, the idea that law should neither help nor hinder particular types of technological artefacts. It has been adopted as a fundamental principle by courts, legislatures, governmental and inter-governmental organizations around the world. Its guiding premises have been instantiated in important related debates, some of which have captured the global Internet policy mind-set, ranging from network neutrality to the neutrality of search engine operators, mobile application ecosystems and Internet platforms in general. This book offers a systematic examination of this principle, rigorously questioning whether technological neutrality is a sound principle for law and policy making in the information age.

Introduction

1. Origins and Contours of Technological Neutrality
2. Law, Vagueness and Technological Change
3. Technology and Political Neutrality: The Bracketing Strategy
4. Politics and the Information Environment: Articulation, Stratification and Recognition
5. The Neutralization of Otherness
6. Autonomy, Harmony and Personhood

Conclusion

Marcelo Thompson is an Assistant Professor of Law and Deputy Director of the Law and Technology Centre at the Faculty of Law, The University of Hong Kong