Technological Determinism in ‘Code’

Technological Determinism in ‘Code’

Andrés GuadamuzAHRB Research Centre for Studies

in IP and Technology Law

Andrés GuadamuzAHRB Research Centre for Studies

in IP and Technology Law

Is Code new?Is Code new?

• Lessig emphasises that computer code is as important as legal code in defining the possibilities of cyberspace.

• Duh! • The impact of technology on the

development of human society and its laws is a commonly explored theme.

• Mary Shelley to the Matrix.

• Lessig emphasises that computer code is as important as legal code in defining the possibilities of cyberspace.

• Duh! • The impact of technology on the

development of human society and its laws is a commonly explored theme.

• Mary Shelley to the Matrix.

An old debateAn old debate

Free will Determinism

Nurture Nature

Social determinism Technological

determinism

Technological determinismTechnological determinism

Hard technological determinism?

Hard technological determinism?

“Technology is a driving force of history: a technical innovation suddenly appears and causes important things to happen.”

Marx and Smith, “Does Technology Drive History?”

“Technology is a driving force of history: a technical innovation suddenly appears and causes important things to happen.”

Marx and Smith, “Does Technology Drive History?”

Soft technological determinism

Soft technological determinism

“A technological system can be both a cause and an effect; it can shape or be shaped by society. As they grow larger and more complex, systems tend to be more shaping of society and less shaped by it.”

Hughes, “Technological Momentum”

“A technological system can be both a cause and an effect; it can shape or be shaped by society. As they grow larger and more complex, systems tend to be more shaping of society and less shaped by it.”

Hughes, “Technological Momentum”

CriticismsCriticisms

• “A theory of technological determinism must contend with the fact that the very activity of invention and innovation is an attribute of some societies and not of others.” Heilbroner, “Do Machines Make History?”

• Social determinism: Technology is just another social construct.

• “A theory of technological determinism must contend with the fact that the very activity of invention and innovation is an attribute of some societies and not of others.” Heilbroner, “Do Machines Make History?”

• Social determinism: Technology is just another social construct.

So what?So what?

• Determinism has some unwanted results (control).

• Unlike other forms of determinism, the object itself is the one driving history.

• Nebulous, unidentified entity called technology modifies culture.

• The object itself is the driver. • “The bomb”, “the computer”, “the internet”

• Determinism has some unwanted results (control).

• Unlike other forms of determinism, the object itself is the one driving history.

• Nebulous, unidentified entity called technology modifies culture.

• The object itself is the driver. • “The bomb”, “the computer”, “the internet”

TechnophiliaTechnophilia

TechnophobiaTechnophobia

What’s Code gotta do with it?

What’s Code gotta do with it?

• Code can be read in many levels. • “There is regulation of behaviour in cyberspace,

but that regulation is imposed primarily through code.”

• Code is about regulation, but who imposes that regulation of technology?

• The implications of the work are far reaching, but do they imply a deterministic future for cyberspace?

• Code can be read in many levels. • “There is regulation of behaviour in cyberspace,

but that regulation is imposed primarily through code.”

• Code is about regulation, but who imposes that regulation of technology?

• The implications of the work are far reaching, but do they imply a deterministic future for cyberspace?

Is Code deterministic?Is Code deterministic?

• “Too many miss how different architectures embed different values, and that only by selecting these different architectures – these different codes – can we establish and promote our values.”, p.58.

• This reduces the problem of regulation to one of finding the right (deterministic) code; predicting the resulting social, economical and ethical issues of a certain kind of computer use.

• “Too many miss how different architectures embed different values, and that only by selecting these different architectures – these different codes – can we establish and promote our values.”, p.58.

• This reduces the problem of regulation to one of finding the right (deterministic) code; predicting the resulting social, economical and ethical issues of a certain kind of computer use.

ControlControl

• Control is foundational, architectural, constitutional.

• “Control will be coded, by commerce, with the backing of the government.”

• “We can build or architect or code cyberspace to protect values that we believe are fundamental.”

• Control is foundational, architectural, constitutional.

• “Control will be coded, by commerce, with the backing of the government.”

• “We can build or architect or code cyberspace to protect values that we believe are fundamental.”

Whose control?Whose control?

• “How do we guarantee self-determination when the architectures of control are perpetually determined elsewhere?”

• “The invisible hand of cyberspace is building an architecture that perfects control and makes possible highly efficient regulation.”

• “How do we guarantee self-determination when the architectures of control are perpetually determined elsewhere?”

• “The invisible hand of cyberspace is building an architecture that perfects control and makes possible highly efficient regulation.”

Who writes the code?Who writes the code?

• Government?

• Market?

• Society?

• Hackers?

• The invisible hand of cyberspace?

• All of the above?

• Government?

• Market?

• Society?

• Hackers?

• The invisible hand of cyberspace?

• All of the above?

Taking controlTaking control

“Nature doesn’t determine cyberspace. Code does. It changes […] How it changes depends on code writers. How code writers change it could depend on us.

If we do nothing the code of cyberspace will change. The invisible hand will change it in a predictable way.”

“Nature doesn’t determine cyberspace. Code does. It changes […] How it changes depends on code writers. How code writers change it could depend on us.

If we do nothing the code of cyberspace will change. The invisible hand will change it in a predictable way.”

Open codeOpen code

Solution to determinismSolution to determinism

Thank youThank you