Game theory and the legal regulation of technology: in search of equilibrium
Game theory and the legal regulation of technology: in search of equilibrium

Summary/Abstract: Applying legal principles and values to specific, rapidly evolving technologies presents a challenge that traditional legal methods (such as syllogistic reasoning) cannot resolve. A new methodology is needed—one that involves balancing competing legal principles and interests in shaping the content of specific principles to achieve a legal equilibrium. The future of regulation in this agile technological space points toward general, abstract rules that require the active participation of those subject to the law, effectively making them co-regulators in a kind of a coordination game known as the game theory. This new method needs to be further studied and developed, as it is crucial for predictability in court decisions and for ensuring legal certainty for technology producers, developers and users.

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