Loza Al Busaidi (Université́ de Bordeaux) has posted Coded Law: A Comparative Analysis of Lex Informatica and Lex Algorithmica on SSRN. Here is the abstract:
Contemporary digital law extends far beyond the earlier phases of computerisation. A large body of what is currently known as information technology law, digital law, robotics law, and related disciplines reflects the rapid pace of technological advancement. Traditional legal mechanisms often struggle to keep pace with adaptive technologies that can outstrip legislative processes. The primary challenge, therefore, is to determine how relevant legal principles such as lex informatica and lex algorithmica can regulate behaviours and ensure fairness in the absence of conventional legal structures. The main argument centres on how both lex informatica and lex algorithmica turn technology into a primary regulator by embedding normative expectations into code and algorithms. These technological ‘regulators’ enforce normative scenarios without legal text. The thrust of this analysis is to compare how lex informatica and lex algorithmica construct and enforce behavioural expectations, and to show that their context-dependent operation marks a significant departure from neutral or purely textual legal frameworks.