SMART Law: Regulating by Big Data and Algorithms

Law-jobs in the algorithmic society

“…Additionally, there is the law-job of preventing conflict that is inimical to group survival through effective channelling, preventively and in advance of people's conduct towards one another (Llewellyn and Hoebel, 1941). One of the important characteristics of algorithmic decisions systems is their capacity to exercise power and control human behaviour through the normative architecture embedded in the code (Gordon et al, 2022;Restrepo Amariles and Lewkowicz, 2017), which becomes functionally equivalent to the law in Lawrence Lessig's classical statement that 'code is law' (Lessig, 2012). Therefore, the architects of digital devices and algorithmic systems in our society should be considered key actors in the performance of this law-job as they codify the institutional rules of the game in a way that redefines the effective content of the law and as they implement compliance by design for humans and algorithms.…”

“…Among the interesting initiatives in our contemporary algorithmic society, 'Code for America' provides support for government services by enlisting technology and design professionals to build open-source applications and promote openness, participation and efficiency. Information technology may also facilitate the task of controlling taxation through algorithmic checks of taxpayers' records, as revealed by the experiences of France, the UK and the Netherlands (Ranchordás and Scarcella, 2021;Restrepo Amariles and Lewkowicz, 2017). Financial markets are also embedded in a particular algorithmic cycle with the triangular structure of 'fintech' regulated by 'regtech' and supervised by 'suptech', so that information technology enables financial services, supports regulatory regimes and carries out financial supervision functions (Restrepo Amariles and Lewkowicz, 2020; Arner et al, 2016).…”