A call for a doctrine of 'information justice'

Abstract

There is a requirement to apply a doctrine of “information justice.” The nature of information is changing, with information becoming quantum in its form. There is a need to move away from a focus on property to a focus upon the nature of information - not just as a physical manifestation but also as a flow of information. This change poses regulatory challenges. It is argued that to regulate information as a flow will ultimately lead to regulation that closely follows the use of that information. This will lead to regulation taking on the flow-like character of the information that it regulates. This will result in inevitable inequalities due to technological convergence. To counter this, it is suggested that a principle of “information justice” is required.