How Technology Disrupts Private Law: An Exploratory Study of California and Switzerland as Innovative Jurisdictions

2018 is the first year in history when more than half of the world’s population is online. Since its dawn, the Internet has changed many aspects of daily life. The first wave of the Internet saw a change in communication: the use of e-mails and the rise of Internet browsers facilitated online transactions and marked the beginning of global access to goods. Then came wider access to services, in what is by now called the ‘gig’ economy: Internet platforms started matching demand and supply in sectors such as transportation, tourism and even entertainment. More recently, a new wave of decentralization through cryptography developments in distributed ledger technologies has challenged the fitness of established legal rules and practices and disrupted disrupting the law.

Legal systems have always had adapt to modernity. What is new, however, is that all aspects of human development are moving faster than ever and at an unprecedented scale, with unmatched complexity. By contrast, regulatory solutions for legal questions arising out of technology innovation have been rather slow and random. The legal status of Uber drivers as independent employees has been established in different jurisdictions around the world, but will it also apply to Youtubers? Such case-by-case approaches tend to increase legal uncertainty rather than reduce it. In a recent working paper I completed for the Stanford Transatlantic Technology Law Forum, I looked at a number of private law issues raised by disruptive technologies in two particular jurisdictions: California and Switzerland. The goal of the paper is to map and analyse regulatory responses.

This is an excerpt from a post on the Oxford Business Law Blog. Read the full blog post here.