The Growing Gap Between Emerging Technologies and the Law

Abstract

Emerging technologies are developing at an ever accelerating pace, whereas legal mechanisms for potential oversight are, if anything, slowing down. Legislation is often gridlocked, regulation is frequently ossified, and judicial proceedings are sometimes described as proceeding at a glacial pace. There are two consequences of this mismatch between the speeds of technology and law. First, some problems are overseen by regulatory frameworks that are increasingly obsolete and outdated. Second, other problems lack any meaningful oversight altogether. To address this growing gap between law and regulation, new legal tools, approaches and mechanisms will be needed. Business as usual will not suffice.