By creating new items, empowering new actors, and enabling new activities or rendering them newly easy, technological development upends legal assumptions and raises a host of questions. How do legal systems resolve them? This chapter reviews the two main approaches to resolving techlaw uncertainties. The first is looking back and using analogy to stretch existing law to new situations; the second is looking forward and crafting new laws or reassessing the regulatory regime.
Bibliographic Citation
BJ Ard & Rebecca Crootof, Legal Responses to Techlaw Uncertainties, in Research Handbook on Law and Technology (Bartosz Brozek, Olia Kanevskaia & Pryzemstaw Patka eds. 2024).
