Legal Administrability Undermines Digital Regulation Effectiveness

The author argues that administrability—the ease of enforcing a law—determines whether rules remain meaningful in the digital era, using copyright and online hate-speech moderation as primary examples. He explains that high transaction frequency and fact-intensive determinations render many traditional doctrines impractical online, leading to reliance on broad contracts and unenforceable threats. He proposes legal refactoring, such as exempting non-media activities from copyright, to reduce enforcement costs and litigation risk.