Code is Law

The code gives life to digital reality, constructing it and forming it. During the pandemic, the digital world expanded, becoming the destination of an unprecedented mass migration from the analogue world, acquiring the features of a workplace, education, culture, leisure, life. Consequently, in the contemporary era of transformation, the computer code is called upon to dialogue with other types of codes, the legal rules, that guide our society. “Code is law”, Lessig suggested; but which characteristics must the code and technology have in order to have the strength to be a rule themselves without contradicting the regulations set by the system? The legal session intends to address precisely the relationship that links law and information technology, examining several crucial antinomies in our contemporary world. Technology, in fact, allows unprecedented freedom, but at the same time opens up new monitoring and control risks, which the law must be able to deal with. The pandemic highlights the potential of technology for the benefit of the community with tools such as contact tracing apps, but it is necessary to respect the rights of individuals and the protection of their personal data. The enormous possibilities promised by emerging technologies, such as big data, IoT, AI, blockchain, augmented reality and quantum computing, must deal with complex new legal challenges that need to be addressed. Lastly, legal design is a frontier to be explored, in order to make the law more accessible and the code more fathomable.