May 8, 2026 - 04:37

It has been nearly 30 years since the late Fordham Law Professor Joel Reidenberg published an article about rules enforced by technology rather than law. That seminal article, "Lex Informatica: The Formulation of Information Policy Rules through Technology," laid the groundwork for how we understand the relationship between code, commerce, and civil liberties.
The Sixth Annual Reidenberg Lecture, held recently, revisited these foundational ideas and explored their urgent relevance to modern privacy debates and the future of legal practice. Speakers examined how technological architectures now function as de facto regulators, often outpacing traditional legislative processes. The discussion highlighted the tension between innovation and individual rights, particularly as artificial intelligence and surveillance tools become more embedded in daily life.
Panelists noted that Reidenberg's concept of "code as law" has become a practical reality. From algorithmic content moderation to data collection by smart devices, technology now sets the boundaries of acceptable behavior. The lecture called for a renewed focus on legal frameworks that can adapt to rapid change without sacrificing privacy protections. Attendees were urged to consider how future laws must account for the invisible, automated enforcement of rules by machines, a challenge that remains as pressing today as it was three decades ago.
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