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Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.
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Law in an Era of “Smart” Technology This page intentionally left blank Law in an Era of “Smart” Technology By Susan W. Brenner 1 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Copyright © 2007 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oceana is a registered trademark of Oxford University Press, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press, Inc. Library of Congress Cataloging-in-Publication Data Brenner, Susan W., 1947Law in an era of “smart” technology / By Susan W. Brenner. p. cm. Includes bibliographical references and index. ISBN 978-0-19-533348-0 (clothbound : alk. paper) 1. Technology and law. 2. Justice, Administration of—Technological innovations. 3. Technological innovations—Law and legislation. 4. Computers—Law and legislation 5. High technology industries—Law and legislation. I. Title. K487.T4B74 2007 344′.095—dc22 2007023638 Note to Readers: This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press web site at www.oup.com Contents Chapter : Int