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Law and Surveillance in the Digital Age: The Role of Orientation

Year: 2025
Type: article
Abstract: Behavioural science-based regulatory techniques are increasingly pervasive across both public and private sectors. The influence strategies employed by digital platforms exemplify a shift toward behavioural governance - one that legitimizes techno-regulation in the name of collective well-being. This paper argues that nudging may serve as a tentative response to online manipulation: policymakers can deploy counter-nudges to resist the behavioural tactics of digital giants and promote more autonomous decision-making. At the same time, this paper explores how the philosophy of orientation can offer individuals tools to cultivate awareness, recognise influence, and preserve autonomy in algorithmically mediated environments. Taken together, these two approaches - institutional nudging and individual orientation - may work in tandem to support agency and in-formed decision-making. The paper concludes by suggesting that everyday practices of attention and routine can serve as subtle forms of resistance in an age increasingly defined by digital disorientation.
Author: Marta Taroni
Language: English
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7116749513
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