Tag: legal anthropology

Unpredictable Technologies: The need for thick description in regulatory decision-making

I call myself a scholar of information, communication, and technology with a view toward influencing law and policy. To that end, my motto over that last few years has been “Social Science matters!” And by that, I really mean that qualitative research, or research aimed at understanding how people and organizations actually use technology, is important for creating good law. To this end, ethnographic study, the kind that produces thick descriptions of people and culture, should be MO of any body tasked with writing regulations. Recently I was asked to participate in training a group of telecommunications regulators who want to conduct a regulatory impact assessment (RIA). A RIA is a thorough investigation of the possible impacts of a proposed or revised regulation. In the most basic sense, the investigation is used to forecast whether the new rule will achieve what it’s supposed to, and what else could happen. Countries around the world use RIAs to evaluate regulatory needs and possible interventions. US federal agencies have been required to conduct and submit RIAs since the early 1980s, and President Bill Clinton codified this requirement in 1993 with Executive Order 12866. A second executive order, 13563, requires that agencies use “the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.” (read more...)