Digital distortions and interpretive choices: A cartographic perspective on encoding regulation

Abstract

Rules as Code (RaC), which encompasses the conversion of legal and regulatory rules into computer code, is gaining traction internationally. This article analyses ‘digital distortions’ in RaC, which refer to disconnects between regulation and code that arise from interpretive choices in the encoding process. We contend that Boaventura de Sousa Santos’ ‘symbolic cartography of law’ provides valuable concepts for understanding digital distortions in encoding regulation. Specifically, we argue that the cartographic concepts of scale, projection, symbolisation and orientation highlight distortions that can arise from choices involving the documentation to code, logics to follow, languages to use and coded outputs to present. We demonstrate how these distortions arose in our attempt to convert the ePayments Code, an Australian voluntary code of conduct for consumer electronic payment transactions, into machine-executable code. The article concludes by underscoring the importance of greater awareness of interpretive coding choices and their implications for diverse users of digitised regulation.