Hard-coded law enforcement is possible but it needs some latitude too

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Key Points

Given that neither the laissez-faire approach to governance that the US pioneered nor the regulation-heavy approach taken by Europe has proven successful at regulating digital spaces, I am hopeful that this hybrid approach will offer us new ways in which we can extract the benefits of technology while safeguarding ourselves against its harms..

Even though car manufacturers know that it is illegal to drive cars at their top speed, and even though the technology exists to ensure strict compliance with the law, cars that are produced today are designed so they can operate in violation of the law..

If the intention is to ensure compliance with the law, why not impose strict obligations on manufacturers to ensure that the technology they sell operates strictly within the bounds of what is legally permitted?.

Not only would we no longer have to monitor vehicles to ensure they are operating within prescribed speed limits, we could programatically ensure compliance with other legally mandated behaviours as wellsuch as ensuring that all passengers are securely buckled in or that the driver is not operating a mobile phone while driving..

Speed limits were designed with safety in mind and if it can be demonstrated that other improvements in technology have made it possible for vehicles to safely function within the zone of mischief, this might serve as a reason for regulators to revisit the restrictions they had previously imposed..