Software as Governance

General January 25th, 2008

Too bad I have class then.

Center for Global Studies: Prisms of Globalization Series
and
Engineering, Technology, & Culture Lecture Series
(Engineering and Technology Studies at Illinois)

TITLE: “Software as Governance”

SPEAKER: Jay P. Kesan
UI College of Law

DATE: Wednesday, January 30, 2008, 4:00-5:00 p.m.

LOCATION: 2405 Siebel Center

ABSTRACT:

Regulation through “code,” i.e., the hardware and software of
communication technologies, is growing in importance. Software
programmers and policymakers are addressing individual issues and
societal concerns, such as privacy, security, freedom of speech, and
intellectual property protection with code-based solutions. While
scholars have noted the role of code in regulating choices/preferences,
there is little analysis of the various features or characteristics of
code that have significance in regulating behavior. This talk examines
two or three universal governance characteristics that policymakers may
use to design code that comports with societal concerns. These
characteristics include defaults, standards, transparency, and the
like. For each characteristic, Kesan will discuss the salient
regulatory issues for manipulating code. He will also present proposals
for modifying some characteristics, such as how to set software
defaults. This analysis should aid policymakers seeking to manipulate
code to vindicate societal values and concerns.

BIO:

Jay P. Kesan is Professor of Law, Director of the Program in
Intellectual Property & Technology Law, and Mildred Van Voorhis Jones
Faculty Scholar at the University of Illinois. His academic interests
are focused in the areas of intellectual property and law and
technology. He has written extensively in the areas of law and
regulation of cyberspace, intellectual property, and law and economics.
He received his J.D. summa cum laude from Georgetown University. Prior
to attending law school, Professor Kesan earned a Ph.D. in electrical
and computer engineering from the University of Texas at Austin, and he
worked as a research scientist at the IBM T.J. Watson Research Center in
New York.