Internet Newsletter for Lawyers |
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Richard Susskind has written some of the key books in the field of IT and the Law and he has advised several Government and Legal Departments, as well as the Courts, in this country and abroad, on how to use the Internet effectively for the law and government. Any talk of Richard's receives a large attendance and close attention from the legal community.
The overall theme of his talk on this occasion was about how the Internet is transforming the three branches of government - legislative, judicial and executive. He believes that the new types of interaction which the internet is making possible between the citizen and the state will change all of these functions in ways which we are only just beginning to understand.
He is very interested in the way in which any particular service or function needs to get the balance right between technology and human interaction - or between "Clicks and Mortals". This is the title of a new book which Richard is in the process of writing. The title involves a transformation from the phrase Bricks and Mortar (i.e. solid building and particularly solid businesses) through Clicks and Mortar (i.e. solid businesses developing Internet services) and now Clicks and Mortals, meaning that we need both technology and humans in the process.
Every service needs to be "decomposed" into what part can be automated (the click) and what part requires human interaction (the mortal). He also uses the word "disintermediation" for the process when the "middle man" is found no longer to be necessary and the consumer goes direct to the provider.
He gave two examples of decomposition. One is a travel agent - if the travel agent is just providing information in a way which could be replaced by "clicks", then he will soon be an ex travel agent. If, however, he is providing knowledge, confidence, advice, security or other "added value", then there is still a place for him in the overall travel "system".
The other example he gave is the Member of Parliament; what is the "added value" here? The MP has to be more than just a processing centre for opinions and requests and indeed it is not really obvious, in an electronic world, that dividing the country up into geographic constituencies brings any particular benefit. What about other "constituencies" built up of special interests and interacting online?
Richard discussed the nature of what technology can do - it can automate what is done already, or it can find new things to do. He further divides innovation into things which you have always wanted to do, but never been able to do before (humans had long wanted to put someone on the moon) and the sort of things you had not even considered that you might want to do (like having the whole world watching it in the their living rooms).
In terms of legislation, he was particularly interested in how legislation could be "promulgated" to reach the citizen - this is particularly difficult in the UK where there is no consolidated legislation. What will be the future equivalent of nailing a new edict on a tree in the centre of a village? Could there be a "daily me" covering legislation relevant to each person - and in a form which that person could actually understand?
In terms of the executive, he described the efforts being made by the government, and driven forward through the good offices of the e-envoy, to provide all services electronically by 2005. He was supportive of the efforts presently being made to fulfill this aim and he felt that even though it could probably not be met in full, the very attempt to meet it was of value. He particularly approved of the "life episodes" approach, whereby all requirements and information relating to "starting a business", or "being unemployed" can be brought together, rather than the person having to know about the several different arms of government which need to be contacted separately for any one of these.
For the judiciary, he asked the question "Is court a service (to resolve conflict) or a place (where people have to physically congregate)?" I think it was clear that he favoured the former definition! He described some of the many types of online conflict resolution currently being developed, including Square Trade, which has apparently resolved 30,000 disputes emanating from eBay conflicts.
He discussed some of the problems of "online government", not least the "Digital Divide", i.e., how can we prevent a section of society being disadvantaged since it does not have access to these new technologies? Broadly he felt that, whilst every effort should be made to help people get online, the progress of the "digital revolution" cannot be made to go at the speed of the slowest.
He also briefly referred to the problem of "hactivists" who deliberately destroy or undermine online services, and threats to privacy emanating from the increased presence of personal information on the internet. Both of these are very real problems, he believes.
Despite all the problems and indeed threats, he believes that the internet will transform the relationship between the state and its citizens and he is excited about the prospects for improved democracy and governance which are in prospect.
The meeting was chaired by Christopher Millard, Head of IT & Communications Group at Linklaters. After the meeting, the London Group AGM was held. Shanthini Satyendra, of Barlow Lyde & Gilbert, was re-elected chairman of the Group.
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