Lex Reformatica: Five Principles of Policy Reform for the Technological Age

TL;DR

This paper revisits Reidenberg's concept of Lex Informatica, proposing five principles for policy reform to address the challenges of technological norms and minimal regulation in the digital age.

Contribution

It introduces the concept of Lex Reformatica, outlining five principles for updating policy reform in response to evolving technological and regulatory landscapes.

Findings

Highlights the shift from internet-era norms to current regulatory challenges.

Proposes five principles to guide policy reform in the technological age.

Emphasizes the importance of balancing public and private regulation.

Abstract

Twenty-five years ago, Joel Reidenberg argued that technology itself, not just law and regulation, imposes rules on communities in the Information Society. System design choices like network architecture and configurations create regulatory norms he termed "Lex Informatica"-referencing the merchant-driven medieval "Lex Mercatoria" that emerged independent of sovereign control. Today we face different challenges requiring us to revisit Reidenberg's insights and examine the consequences of that earlier era. While Lex Informatica provided a framework for analyzing the internet's birth, we now confront the aftereffects of decades of minimal or absent regulation. Critical questions emerge: When technological social norms develop outside clear legal restraints, who benefits and who suffers? This new era demands infrastructural reform focused on the interplay between public and private regulation and self-regulation, weighing both costs and benefits. Rather than showcasing the promise of yesterday's internet age, today's events reveal the pitfalls of information libertarianism and underscore the urgent need for new approaches to information regulation. This Issue presents articles from two symposiums-one on Lex Informatica and another on race and technology law. Their conversation is now essential. Together, these papers demonstrate what I call the "Lex Reformatica" of today's digital age. This collection shows why scholars, lawyers, and legislators must return to Reidenberg's foundational work and update its trajectory toward a reform-focused approach designed for our current era.