“Soft Law” & Emerging Tech Governance

These essays discuss governance mechanisms for emerging technologies and “soft law” systems in particular. Soft law refers to informal, collaborative, and constantly evolving governance mechanisms that differ from hard law in that they lack the same degree of enforceability. Soft law builds upon and operates in the shadow of hard law. But soft law lacks the same degree of formality that hard law possess. Despite many shortcomings and criticisms, compared with hard law, soft law can be more rapidly and flexibly adapted to suit new circumstances and address complex technological governance challenges. This is why many regulatory agencies are tapping soft law methods to address shortcomings in the traditional hard law governance systems.

Journal articles / working papers:

• Adam Thierer, Governing Emerging Technology in an Age of Policy Fragmentation and Disequilibrium, American Enterprise Institute, 2022.
• Ryan Hagemann, Jennifer Skees, and Adam D. Thierer, “Soft Law for Hard Problems: The Governance of Emerging Technologies in an Uncertain Future,” Colorado Technology Law Journal, Vol. 17, No. 1, (2018).
• Adam Thierer, “Soft Law in ICT Sectors: A Brief History,” forthcoming Jurimetrics, (2021).
• Ryan Hagemann, “New Rules for New Frontiers: Regulating Emerging Technologies in an Era of Soft Law,” Washburn Law Journal, Vol. 57, No. 2 (Spring 2018).

Essays:

• Adam Thierer & Trace Mitchell, “Technological “Governance” Requires a Balanced Approach,” The Bridge, March 12, 2019.
• Adam Thierer, “The Pacing Problem and the Future of Technology Regulation,” The Bridge, August 8, 2018.
• Adam Thierer, “Latest Soft Law Development: DoT’s NETT Council Report,” Technology Liberation Front, July 31, 2020.
• Ryan Hagemann, Jennifer Huddleston Skees & Adam Thierer, “‘Soft Law’ Is Eating the World: Driverless Car Edition,” The Bridge, Oct 11, 2018.
• Jennifer Huddleston & Trace Mitchell, “Continuing DOT’s Automated Vehicle Soft-Law Approach Will Encourage Innovation and Promote Safety,” Mercatus Center Public Comment, November 30, 2018.
• Jennifer Huddleston & Adam Thierer, “Pennsylvania’s Innovative Approach to Regulating Innovation,” The Bridge, September 5, 2018.
• Adam Thierer & Connor Haaland, “The Clinton-Bush-Obama-Trump Innovation Vision,” The Bridge, November 21, 2019.