Technologies of Risk?: Regulating Online Investing in Canada

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Law and Policy. Volume 26, Number 3-4 (2004), p. 411-437.


This paper places the development of regulatory strategies dealing with the growth of online investing in Canada in the context of theoretical debates about governance through risk. It examines aspects of this emerging regulation relating to (i) use of the Internet by issuers for document delivery, (ii) application of investment suitability rules to online trading, (iii) emergence of new electronic-trading markets. These regulatory developments are considered in terms of the extent to which they exhibit features suggesting: (a) an increased decentring of the state, (b) a shift to risk governance as an end of regulating. The paper argues for the need to pay careful attention to the politics of decentring and risk governance in assessing the emerging regulation of online investing.

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