Introduction
Technological neutrality provides many governance advantages. It ensures the continuing relevance of governance regardless of future technological developments and likely convergence of the main technologies (telecommunication, media, the Internet, etc.). Technological neutrality is different from network neutrality: the former indicates that particular policy is independent of the technology which it regulates; the latter focuses mainly on the neutrality of Internet traffic. Make tacit technological solutions explicit policy principles It is a view commonly held within the Internet community that certain social values, such as free communication, are facilitated by the way in which the Internet is technologically designed. For instance, the principle of network neutrality, according to which the network should merely transmit data between two endpoints rather than introduce intermediaries, is often acclaimed as a guarantee of free speech on the Internet. This view could lead to the erroneous conclusion that technological solutions are sufficient for promoting and protecting social values. The latest developments in the Internet, such as the use of firewall technologies for restricting the flow of information, prove that technology can be used in many, seemingly contradictory, ways. Whenever possible, principles such as free communication should be clearly stated at policy level, not tacitly presumed at technical level. Technological solutions should strengthen policy principles, but should not be the only way to promote them. Avoid the risk of running society through programmers’ code One key aspect of the relationship between technology and policy was identified by Lawrence Lessig, who observed that with its growing reliance on the Internet, modern society may end up being regulated by software code instead of legal rules. Ultimately, some legislative functions of parliament and government could de facto be taken over by computer companies and software developers. Through a combination of software and technical solutions, they would be able to influence life in increasingly Internet-based societies. Should the running of society through code instead of laws ever happen, it would substantially challenge the very basis of the political and legal organisation of modern society.
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