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.
Key Points
- 1Identifies administrability as core determinant of whether laws can be effectively enforced digitally.
- 2Explains fact-intensivity and high transaction frequency make traditional doctrines like copyright impractical online.
- 3Recommends legal refactoring, e.g., exempting non-media activities from copyright to reduce enforcement costs.
Scoring Rationale
Argues persuasively about enforcement challenges, but offers limited empirical evidence or actionable legal pathways for policymakers.
Sources
Public references used for this report.
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