- The Oxford Handbook of Law, Regulation, and Technology
- List of Contributors
- Law, Regulation, and Technology: The Field, Frame, and Focal Questions
- Law, Liberty, and Technology
- Equality: Old Debates, New Technologies
- Liberal Democratic Regulation and Technological Advance
- The Common Good
- Law, Responsibility, and the Sciences of the Brain/Mind
- Human Dignity and the Ethics and Regulation of Technology
- Human Rights and Human Tissue: The Case of Sperm as Property
- Legal Evolution in Response to Technological Change
- Law and Technology in Civil Judicial Procedures
- Conflict of Laws and the Internet
- Technology and the American Constitution
- Contract Law and the Challenges of Computer Technology
- Criminal Law and the Evolving Technological Understanding of Behaviour
- Imagining Technology and Environmental Law
- From Improvement Towards Enhancement: A Regenesis of EU Environmental Law at the Dawn of the Anthropocene
- Parental Responsibility, Hyper-parenting, and the Role of Technology
- Human Rights and Information Technologies
- The CoExistence of Copyright and Patent Laws to Protect InnovationA Case Study of 3D Printing in UK and Australian Law
- Regulating Workplace Technology: Extending the Agenda
- Public International Law and the Regulation of Emerging Technologies
- Torts and Technology
- Tax Law and Technological Change
- Automatic Justice?: Technology, Crime, and Social Control
- Surveillance Theory and its Implications for Law
- Hardwiring Privacy
- Data Mining as Global Governance
- Solar Climate Engineering, Law, and Regulation
- Are Human Biomedical Interventions Legitimate Regulatory Policy Instruments?
- Challenges from the Future of Human Enhancement
- Race and the Law in the Genomic Age: A Problem for Equal Treatment Under the Law
Abstract and Keywords
This chapter provides an overview of key surveillance theories and their implications for law and regulation. It presents three stages of theories that characterize changes in thinking about surveillance in society and the disciplining, controlling, and entertaining functions of surveillance. Beginning with Bentham’s Panopticons and Foucault’s panopticism to discipline surveillees, surveillance theory then develops accounts of surveillant assemblages and networked surveillance that control consumers and their data doubles, to finally branch out to theorizing current modes of surveillance, such as sousveillance and participatory surveillance. Next, surveillance technologies and practices associated with these stages are discussed. The chapter concludes by highlighting the implications for regulators and lawmakers who face the challenge of regulating converging, hybrid surveillant infrastructures and assemblages, both in their context-dependent specificity and in their cumulative effect on citizen/consumers.
Tjerk Timan is postdoc researcher, PhD researcher and Professor of Regulation & Technology at TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, the Netherlands.
Maša Galič is postdoc researcher, PhD researcher and Professor of Regulation & Technology at TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, the Netherlands.
Bert-Jaap Koops is postdoc researcher, PhD researcher and Professor of Regulation & Technology at TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, the Netherlands.
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