My courses dealt with
law and ICT and IT and public governance. My students were really excited by the
new opportunities offered by email and the World Wide Web. Social media did not
yet exist, and online music and video were of low quality. Yet, my students saw the
prospects of the emerging technologies and were eager to produce course papers
about e-commerce and e-government. They had to focus on the legal aspects of
these developments and many seemed to follow similar arguments: a new product
or service is emerging, such as online shopping, this (type of) service is not
mentioned in the law, hence we need new rules, new law. Law has to adapt to this
new reality.1 Oftentimes, this conclusion that the law needs to be updated as a result
of new technologies was presented as obvious.2 The argument, or rather the claim,
put forward by my students was as follows: “We face a new technology, in this case
the internet, or a service on the internet, such as e-commerce. The law is silent on
these topics, which makes total sense because it is likely outdated and lawyers are
old-fashioned anyway. Why? Well, let’s face it, the law is paper-based. Besides, it
was developed for other circumstances and other phenomena and is created by
people who don’t understand modern times. Hence, we almost certainly need new
law, new rules.”