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6 - Problems of Technological Management

On Automated Extraction of Mental Goods

from Part II - Discontent with Governance by Technological Management

Published online by Cambridge University Press:  aN Invalid Date NaN

Roger Brownsword
Affiliation:
King's College London
Larry A. DiMatteo
Affiliation:
University of Florida
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Summary

This chapter challenges the conventional wisdom of how users of social media platforms such as Instagram, X, or TikTok pay for service access. It argues that rather than merely exchanging data for services, users unknowingly barter their attention, emotions, and cognitive resources – mental goods that corporations exploit through technologically managed systems like targeted advertising and habit-forming design. The chapter explores how these transactions are facilitated not by legal contracts but by code, which allows social media companies to extract value in ways that traditional legal conceptual frameworks cannot capture. It further highlights the negative externalities of these exchanges, such as cognitive impairments and mental health issues, framing them as pollution byproducts of the attention economy. By examining both the visible and hidden dimensions of this technologically mediated exchange, the chapter calls for a deeper understanding of the mechanisms that govern our interactions with digital platforms rather than rushing to propose new legal solutions.

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Publisher: Cambridge University Press
Print publication year: 2025

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