A Sketch of “Information Law”

Abstract

“Information law” is a frontier field of legal study, whose content and boundaries cannot easily be deduced from the concept of “information”. One can gain a general image of information law from the contents and topics typically itemized in the textbooks and casebooks of “Information Law”. Basic concepts of information law include freedom of information, free flow of information, and the “right to information”, although the last might be contentious. The “right to information” is a strategic concept, which would enable individuals to engage autonomously and actively in improving “universal services” and forming information environments.

Through an overview of the contents and topics commonly discussed in information law, three characteristics can be extracted. The first is the “tough and naïve” nature of information. This encourages the discussion of ethics and particular regulatory methods, such as self-regulation and regulations based not on contents but on computer architecture. The second is the concept of “autonomy”. Besides being useful in discussing issues of data protection, autonomy is essential to the establishment of informational ecosystems and the theoretical foundations of the right to information. The third is “speed”. Law must catch up with rapid changes caused by the so-called “informatization” of society. This kind of speediness brings the study of information law into close proximity with policy studies and interdisciplinary research.

“Information law” is still an evolving frontier. It is required to cope with newly emerging technologies, environments, and phenomena related to information. The study of information needs to be flexible and creative. In addition to heavily debated issues under the framework of freedoms vs. regulations, the scope of information law must be widened to envision design features for future governance. Definitions, basic concepts, and regulatory methods of information law remain open for future discussion.