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

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.

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Publication Details

Journal
Athena – Critical Inquiries in Law Philosophy and Globalization
Published
2025-12-22
DOI
https://doi.org/10.60923/issn.2724-6299/22490
Primary Topic
Ethics and Social Impacts of AI
Type
article
Field-Weighted Citation Impact
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article

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

Marta Taroni
Athena – Critical Inquiries in Law Philosophy and Globalization
Ethics and Social Impacts of AI
article

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

Marta Taroni
article en

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.

Athena – Critical Inquiries in Law Philosophy and GlobalizationVol. 5(2)
University of Chieti-Pescara (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 29%
Ethics and Social Impacts of AI
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Law and Surveillance in the Digital Age: The Role of Orientation — Marta Taroni · Athena – Critical Inquiries in Law Philosophy and Globalization (2025) | TGRS Research Map | TGRS