Image: European Space Agency
Information and Communications
Technology and Environmental
Regulation: Criticcal Perspectives
Rónán Kennedy
ICTs and Be
ehaviour
Change
Ch
Reducing complex behaviourrs to simple tasks
Guiding users through a proccess or experience
Providing content tailored to individuals
Suggesting behaviour at opp
portune moments
Eliminating tedium of tracking
g
Observing the behaviour of o
others
P idi positive
Providing
i i reinforcem
i f
ment
Benefits of ICT for ER
New modes of regulation
n
Improved resource efficie
ency
Increased effectiveness
Applicationss of ICT
Information gathering
Remote sensors
Waste management
Land-use change
Fisheries protection
Remote harvest reportin
ng
V
Vessel
l monitoring
i i syste
ems
Applicationss of ICT
Analysis and modelling
Support for compliance a
and enforcement
MARPOL, Kyoto Proto
ocol
Managing markets for inttangible property
Water rights, emissions trading
Applicationss of ICT
Information dissemination and ‘reflexive’ regulation
Environmental Monitorin
ng for Public Access and
C
Community
it T
Tracking
ki (EMPACT)
E i f t (http://www.
Envirofacts
(htt //
epa.gov/enviro/)
/
i /)
Scorecard
(http://scorec
card.goodguide.com)
S
d (htt
//
d
d id
)
T i R
l
IInventorry (http://www.epa.gov/TRI/)
(h //
/TRI/)
Toxics
Release
Google Carbon Footprin
nt Calculator
Applicationss of ICT
‘Smart’ goods, servicess and processes:
Smart logistics
Smart buildings
Smart grids and sma
art meters
Smart products
Disclosure as
a a
R
Regulatory
l t
T l
Tool
Public distribution of information as a driver for
change (‘reflexive’ regula
ation)
History:
1930s: financial regula
ation
1960s/70s: environmen
ntal law,, health and safetyy
Now: widely used
Rationales for
f
Di l
Disclosure
Signal to stock markets
Social impact (‘naming and shaming’)
Benchmarking against pe
eers
Faster regulatory response
Overcoming individual bo
ounded rationality
Difficulties with
w
Di l
Disclosure
Replicating the weaknesses of command-and-control
Strategic reporting and gamin
ng the system
Accuracy of information
Intractable individual habits
Unpredictable results
Difficulties in analysing cost/b
benefit
M dd i the
Muddying
h rule
l off llaw
Improving Disclosure
D
B
Based
dR
Regiimes
Standardised methods and metrics
Making behaviour change a norm
Use as an element
U
l
t off or alternative
lt
ti tto conventional
ti
l
regulation?
g
Environmen
o e tal
ta
Regulation
Often flawed and incomp
plete
ICT expanding
p
g the scope
pe and span
p of control?
Measurement often imprecise
Costs difficult to estima
ate
Methodologies rarely p
produce useful figures
More information is not n
necessarily better
Science in the
t
R
Regulatory
l t
Process
Contested role:
Objective truth or unce
ertain knowledge?
Challenged as productt of ideology
‘Post-normal science’
Law and science: incomp
patible cultures?
Models in th
he Policy
M ki P
Making
Process
Fundamental to construccting policy context:
Catalyst for policy
Structure for regulatoryy decision-making
Mechanism for collabo
oration
Often codified in software
e
Difficulties w
with Models
Scientific literacy of audie
ence?
Accuracyy and currency
yo
of models?
Data: Accurate? Verifiable? Consistent?
Over-optimistic
Over
optimistic or over-s
over simplistic use
Models as proxy for real debate
Risk of manipulation
E governme
ent
P
Perspective
ti es
Focus on the citizens as consumer
Sees government activityy as single step decision
decisionmaking
Significant
gap
g
g
p in researcch on “e-regulation”
g
E Regulatio
E-Regulatio
on
“The
The use of ICT within re
egulators and those who
deal with them, such as N
NGOs, as an integral part
off the
th process off measurrement,
t assessmentt and
d
feedback which is centra
al to regulation.”
g
Cannot simply re-use
re use privvate sector experiences
ICT and Re
egulation
Benefits: cheaper, more, quicker, better, new
Improvements:
p
Better informed
More targeted
More iterative
More transparent and d
democratic
Difficulties with
w E
R
Regulation
l ti
ICT not neutral or determinisstic
Impact on existing imbalance
es?
Disempowering external acto
ors
Brake on change:
Institutional
Organisational
P
Procedural
d l
ICT and Leg
gal
Processes
Legal
g p
processes neither simple
p nor linear
Not easily modelled by lo
ogic or expert systems
Risk of destructive feedb
back cycle
ICT as embedded and en
ntrenched infrastructure
Rule of Law

‘all persons and authorities within
w
the state, whether
public or private,
private should be bound by and entitled to the
benefit of laws publicly and prospectively promulgated
and publicly administered in the courts’
courts (Lord Bingham)

Essential elements (Venice Commission):

Legality

Legal certainty

Prohibition of arbitrariness

Access to justice before independent and
d impartial courts

Respect
p
for human rights
g

Non-discrimination and equality before th
he law
ICT and the Rule of Law

A world of ‘ambient law’?
?

ICT as a tool for transparrency and open access

But ICT can be


Opaque and untranspa
arent

Biased

Wrong
Often ICT cannot be ignored or bypassed
Often,
“Get
Get It Right First Time
Time”
Awareness of ICT and po
ower relationships
Design
g p
principles:
p
Flexibility
Rule of law
Human rights
Open,
re-usable
Open re
usable data