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Abstract:
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This paper-based thesis attempts to answer the question how the
adoption and diffusion of RFID can be balanced successfully between
technological innovation and regulation by law. To answer this
question, an abductive reasoning perspective has been applied. The
first premise of abduction includes four sets of observations presented
in four articles; the second premise of abduction includes two
hypothetical claims, and the third premise of abduction builds the
case, i.e., concludes the thesis.
As first step, the definitional framework is established. Ten theories of
adoption and diffusion of technological innovation (TRA, TPB, MPCU,
SCT, TAM, TAM2, C-TAM-TPB, IDT, PCI, and UTAUT) and their
characteristics are investigated. They frame the technological
viewpoint. Then, the reasons for regulation (public interest theory,
private interest theory, and institutionalist theory) as well as the means
of regulation (regulation by law, norms, market, and architecture) and
their application are investigated. They frame the regulatory viewpoint.
As second step, four observations are made that constitute the first
premise of abduction based on the findings of four individual research
articles referred to as the Database Article, Marketing Article, Modality
Mix Article, and Survey Article:
Database Article: This research article evaluates the strategic
advantage of placing RFID databases in certain territorial and
jurisdictional regions based on database regulation. The analysis of
the database regulation by law in Europe and North America revealed
that, based on the creativity, skill and judgement, and investment
doctrine, they do not protect RFID data in databases. It is claimed that
protection of RFID data in databases should be regulated by other
means of regulation, for instance, by regulation by norms or
architecture. Observation 1 stipulates: Despite the amount of data
anticipated to be stored and the regulation by law in the different
countries where RFID is adopted and diffused, the location of the
databases containing RFID data does not seem to play an important
role for the technological innovator.
Marketing Article: This research article applies a legal use case for the
technological innovations marketed by the industry as active RFID
tags. The analysis of the RFID industry’s marketing efforts and the unfavourable regulation by law is possible, and likely. Adopting the
broad legal interpretation of self-emitting devices (short-range
devices) to RFID tags that need to transduce energy from an RFID
reader (active RFID tags) might allow the search and seizure of
transmitted RFID data without a warrant to be in line with the
constitutional rights. It is claimed that within the RFID industry there
should be more awareness of regulation by legislation and
adjudication. Observation 2 stipulates: Extending the doctrinal
definition of active RFID tags to include reader-independent and
indiscriminate signalling might lead to unfavourable regulation by law.
Modality Mix Article: This research article offers a reflection on how
law must manage the evolution of technological innovation. The
analysis of the Draft Recommendation (2008) by the European
Commission shows that the focus on regulation by law is inappropriate
for a manageable diffusion of RFID technology. An over-regulation of
RFID technology by regulation by law is possible if the Draft
Recommendation (2008) is implemented and comes into force. It is
claimed that a more diverse set of modalities (regulation by norms,
market, and architecture) is necessary to successfully regulate RFID
technology. Observation 3 stipulates: The current adoption and
diffusion of RFID technology do not seem to be following an
appropriate mix of regulation.
Survey Article: This research article provides a reverse perspective of
current RFID issues by examining the RFID industry’s view of
regulation by law and consumers. The analysis of the survey data of
the RFID industry shows three shortcomings by the RFID industry in
its engagement of legal experts, its knowledge of regulation by law for
RFID subject-matter, and its information policy to the general public. It
is claimed that the exchange between the RFID industry and the legal
regulator needs to improve. Observation 4 stipulates: The interaction
between, and consequently also the exchange of expert know-how
and standpoints of, (i) the RFID industry and the legal regulator and
(ii) the RFID industry and the consumers seem insufficient.
As third step, two hypothetical claims are made as second premise of
abduction based on a literature review of characteristics of adoption
and diffusion of technological innovation in IS research, namely IT,
EDI, and RFID. First, the research shows that in IS research there are only a few regulation-by-law characteristics (5 of 150 different
characteristics). Thus, a first hypothetical claim is made that in IS
research there is a lack of legal perspectives. Second, the research
shows that in IS research there are even fewer characteristics of other
regulatory means, such as for example, social norms, market or
architecture. Thus a second hypothetical claim is made that in IS
research there is a lack of diversity in regulation of technological
innovation.
Finally, a case is built as third premise of abduction. It seems possible
to conclude that (i) based on observation 1 and hypothetical claim 2,
increasing the diversity of regulation modalities might have a positive
effect on the strategic management decisions for the location of RFID
systems; (ii) based on observation 2 and hypothetical claim 1,
increasing the legal perspective in IS research might have a positive
effect on the RFID industry’s marketing strategy; (iii) based on
observation 3 and hypothetical claim 2, a more thorough and precise
review of essential regulation by law is necessary; and (iv) based on
observation 4 and hypothetical claim 1, increasing the legal
perspective in IS research might have a positive effect on the RFID
industry’s awareness of the legal challenges and their consequences.
It is suggested that the four cases (conclusions) built in this thesis
provide a solid foundation for the following four hypotheses that can
be further tested with additional empirical data:
1. Increasing the diversity of regulation modalities has a positive
effect on the strategic management decisions for the deployment
location of technological innovation.
2. Increasing the legal perspective in IS research has a positive
effect on the marketing strategy for technological innovation.
3. Increasing the thoroughness and precision in the review of
essential regulation by law has a positive effect on other
regulatory tools for technological innovation.
4. Increasing the legal perspective in IS research has a positive
effect on the industry’s awareness of the legal challenges and
their consequences.
Therefore, to prevent bits from falling once they have learned to walk,
the legal perspective of regulation in IS research as well as the
diverse implementation of regulation in IS research should probably be increased. Such an increase might augment the awareness for the
potential of regulation in technological innovation, which, in turn, might
foster the adoption and diffusion of RFID. |
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