I’ve uploaded a new working paper onto SSRN. This is with Prof Tom Rodden and draws on work from the theoretical part of my PhD. The paper is called “A Legal Turn in HCI: Towards Regulation by Design for Internet of Things”. There is a lot in this paper so I’m going to pull out some of the key arguments over a series of blog posts – please get in touch with any thoughts
Here is the abstract:
This paper consolidates and assimilates work from the fields of human-computer interaction and technology regulation. It is framed within the context of privacy by design and the Internet of Things. It lays out theoretical tools and conceptual frameworks available to each community and explores barriers and commonalities between them, proposing a route forward.
It contends five main points: 1) regulation by design involves prospective, as opposed to just retrospective, application of law; 2) HCI methods need to be repurposed to engage with legal and regulatory aspects of a system; 3) the legal framing of regulation and design is still anchored in systems theory but human computer interaction has a range of rich approaches for understanding the social, and ‘regulation by design’ needs to use these; 4) designers are now regulators and this brings a range of responsibilities; and lastly, 5) design and human values perspectives in HCI need to be extended to legal values and participatory design is a strong candidate for doing this.
Please get in touch with thoughts and feedback. Email address in paper.