An Online Bill of Rights?

Just a quick note to let my readers here ― those, that is, who avoid my shameless self-promotion on social media ― know about my new post for the CBA National Magazine’s blog. Taking up Yves Faguy’s invitation (at Slaw) to discuss whether “we need a global digital bill of rights.” Drawing on a paper I wrote last year and presented (to mostly perplexed and sceptical audiences) at a couple of conferences, I make a Hayekian argument against this idea. In my view, an attempt to codify the rights that we ought to have online is unlikely to succeed for the foreseeable future. Both the technology and the social, contractual, and legal norms that define the online world change too quickly for any attempt to impose on them a rigid constitutional framework not to produce perverse, innovation-stifling consequences.

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