In What Ways Might the Technologisation of Security Present Challenge to the Legal Authority?

In what ways might the technologisation of security present challenge to the legal authority?


In what ways might the technologisation of security present challenge to legal authority?
          Technology plays a crucial role in the function of the Criminal Justice System. In some contexts, technology appears to have divined its’ own ‘regulatory ’power, one which extends beyond legal recourse. Society itself can be viewed as the docile body ‘that may be subjected, used, transformed and improved’ (Foucault, 1977, p.136). The reinforcement technology is twinned with punishment, ‘a primary means by which power is deployed, networked and regulated’ is a normative construct in the contemporary world (Thomas & Loader, 2000, p.22). Lawrence Lessig’s ‘Code and other laws of Cyberspace’ argues society is ‘regulated’ through: Social Norms; The Market and The Law. He stipulated a forth ‘Code’ or ‘Architecture’ dictates technology can shape behaviour in unprecedented ways in the computer environment. Further to this Lessig begs the question, ‘How do we protect liberty when the architectures of control are managed as much by the government as by the private sector?’(Lessig, 1999, p.3). The ‘architectures of control’ implicitly refers to the alliance of power between cyberspace (including commerce) and the government. This is known as ‘technomia’, a reference which is a sound basis for exploring the concept that technology can be seen as an extension of the law, a discourse by which the law is governed.                                                                                                                                                               The intention of this essay is to analyse popular technological securities and to explore their relationship to the criminal justice system. Questions to be raised within this essay include:
  * On what basis is ‘technomia’ legitimated?
  * What are the implications for justice?
  * Can technology be... [continues]

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