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Technical and legal solutions are not complementary, they're relatively unrelated. Legal rules addressing behavior are about what we "should" do. Technical rule
by speedplane 8y ago
Technical and legal solutions are not complementary, they're relatively unrelated. Legal rules addressing behavior are about what we "should" do. Technical rules are about what we "can" do. Technology is about implementation and enforcement, law is about what we consider to be the correct result.
But the main place where law and tech come together is enforcement. For law to work at all, it has to be enforced relatively evenly. Technology may make a law's enforcement impossible or easy, but it does not make it more or less "right" in the abstract.
- drdaeman 8y ago> Technical rules are about what we "can" do. And legal is about what recourse we can seek afterwards, when we understand we've messed up the implementation and security had failed. Relying on legal protections alone is absurd. Relying on technology without any legal recourse for failures maybe somewhat less so, but still not suitable for this "real" world we live in. Not without reconsidering our approaches and attitudes to way too many things.
- speedplane 8y ago> And legal is about what recourse we can seek afterwards, when we understand we've messed up the implementation and security had failed. Not at all. Legal rules are about what we "should" do, what's right and what's wrong. However, legal rules need to be enforced to be effective. If you create a legal rule that's impossible to enforce and everyone flouts it, not only does your rule not get enforced, but it also creates doubt in the entire legal system. So legal rules ought to consult with what's possible and impossible, but they should not be dictated by them.