Regulating technology
Who, where, what, when and why
Gabriel de Lange
Just like software needs updates, our policies and regulations on technology need to be readdressed. But how exactly should one apply new regulations? What kind of regulation is appropriate and safe? How can regulation strike a balance between the rights and welfare of individuals, and those of companies?
Let’s be honest, the tech industry is booming. We are on the verge of the 4th industrial revolution, the landscape of work is changing dramatically, and people are more connected and able to spread information faster than any other time in human history. But what may be cause for excitement for many also brings in an equal amount of concern for others. Innovation has come rapidly in ways that may be rendering previous laws and policies obsolete in regulating new technologies. Could anyone have predicted the power of AI, or the massive wealth and influence of companies like Facebook or Amazon?
In last months, we have seen news about new digital laws, as well as lawsuits against tech companies. Regulation of this industry causes much debate among policy-makers, experts, lobbyists, and individuals. But before we can properly make proposals, we need to understand exactly what we are talking about, which factors may come into play, and most importantly, why we need new regulation and what is the legal basis behind these arguments.
Who?
Best to start off with the simplest question. When talking about the principal actor in producing regulations, the first and most obvious answer is the government. It is the overarching structure that can place regulations through laws and policies. This does not mean that the government is the sole actor. In fact, different organizations and institutions are capable of regulating technology in different ways, be it fact-checking entities on social media, worker unions to combat the introduction of technology that replaces jobs, or educational programs that help lower inequality gaps.
Another key player in regulating technology that many initially overlook is the individual. Each and every person can be responsible for the amount of exposure to the internet, devices, information, and in some instances education, which can be used to counter the influence that technology has on oneself. As the Centre for Humane Technology shows, we can regulate our device use and screen time, thereby taking back control of our attention, which many companies compete so hard for nowadays.
Companies will go as far as the law lets them to compete for our attention; but at the end of the day we can make the conscious effort to decide where it goes.
Going back to our main answer, we said that the principal or overarching regulator for tech should be the government. However it is important to note that although the term “government” may be universal, different governments have different values, principles, and laws which limit/influence their ability to place regulations of technology. These difference will lead us to the importance of understanding the question of “where.”
Where?
Government’s ability to regulate tech varies in different countries, so the question of “where” is important to later understand why and how a particular government could and should regulate tech.
For example in the United States there is an extremely strong defense for freedom of speech, and any action taken by the government to try and regulate or censor what individuals can produce on social media platforms immediately would receive heavy push back. In addition, the US has CDA230, which is a section of the Communications Decency Act that provides immunity of liability for the content on platforms such as Facebook or YouTube. Meaning that no one can hold Facebook accountable or change them for what a user may post.
However in Germany there is already a law that prohibits and censors certain content deemed illegal by the Network Enforcement Act NetzDG. This refers to forms of hate speech ranging from insults of public office to actual threats of violence and requires social media platforms to censor and take down such content.
In addition, the question of “where” also changes the overall effect that technology can have on people’s lifestyles, what may be good in one country may not be good in another. Take the gig economy for example, in Spain and Britain, delivery companies like Glovo or Deliveroo face criticism for how they treat their workers when questions about Social Security come up, many questioning the legitimacy of their employment. However in Malaysia and low income countries, the gig economy is very beneficial for providing jobs and increasing productivity and salaries for those who otherwise may not have other opportunities. Other examples such as in the case of Uber show how the difference in governments values and interests. For example in 2017 Uber was banned from the Philippines to protect taxi drivers and local ride-sharing apps, however in countries like Singapore, apps like Uber have special protection laws.
What?
What do we mean when we talk about tech? This question is likely the most general we will face here, since the term “tech” is extremely vague and general. This can range from information technology, networks, robotics, AI, energy, transport (self-driving cars), and many others, really the possibilities could be endless. At the very least for the 4th industrial revolution, some of the areas that will transform the global economy in the next few years could be mobile internet, virtual and augmented reality, cloud technology, internet of things, and the list goes on.
When?
The question of “when” in the regulation of technology is important because technology is rapidly growing and developing. The last decade saw the advancement and spread of technology and connection that anyone could have predicted, and we are already on the verge of the next industrial revolution (AI, robotic, cloud technology, cryptocurrency, and blockchain). The landscape for policies addressing technology are outdated, and some such as the US’s CDA230 were created even before platforms like Facebook and YouTube began to dominate the industry.
That is why the question of when is so important. As mentioned earlier, just like we update our system software’s every so often, we will need to begin to update our policies and regulations for particular kinds of technology.
The landscape is constantly changing. Innovation is inevitable. With each game changer in tech, there will be a need for governments to review the rules.
Policies need to evolve and be revised routinely, perhaps annually or biannually. The tradition system of creating a law and leaving it later for the courts to revise or overrule may no longer work in regards to tech regulation.
Why?
Why is it so important to regulate? What are the arguments for and against regulation and why are there points important? What are the legal bases for these types of regulations?
1. Protecting Democracy
One of the more trending reasons that have resulted in calls for regulation is in the name of protecting democracy and preventing political manipulation and polarization. Since the 2016 US presidential elections and the amount of “fake news” that circulated along with the scandal of Cambridge Analytica, many have lost trust in social media platforms and have made calls for their heavy regulation. The primary target here being Facebook, with CEO Mark Zuckerberg having been called to testify for congressional hearings twice in 2019. As Tristan Harris testified in front of the Subcommittee on Consumer Protection and Commerce of the US Senate:
“Freedom of speech is not the same as freedom of reach. Everyone has a right to speak, but not a right to a megaphone that reaches billions of people. Social platforms amplify salacious speech without upholding any of the standards and practices required for traditional media and broadcasters”
— Tristan Harris. Center for Humane Technology.
This implies that, although individuals may have a right to say whatever they want, the foundation of these principles could never have predicted the extent of connection and communication we have today, and as research shows, the spread of strong ideas and opinions online and the increase of what some term “hate speech” has resulted in the increase of political polarization.
2. Mental Health and Addiction
Another important point that calls for regulation would be mental health and addiction. As an interesting Harvard article explains:
“Studies are beginning to show links between smartphone usage and increased levels of anxiety and depression, poor sleep quality, and increased risk of car injury or death.”
— Trevor Haynes. Department of Neurobiology, Harvard Medical School.
This is an addiction that is subtle and may seem harmless. However slowly, we are relying on our smartphones for dopamine and other forms of stress relief. Just the other day after my 14 year old brother got into a brief argument with my parents, I could see him immediately reaching to his phone, sliding through different windows and apps despite not having any notifications, desperately searching for a distraction to cope with his distress.
How many times have you found yourself doing this after a frustrating situation, or when stressed by work and need the relief of dopamine released when using out phones, or even just looking to avoid an awkward interaction?
As Mandy Saligary says in this article by The Independent, “giving your child a smartphone is like giving them a gram of cocaine”. If this is the case, or even something slightly similar because online addiction could be gateway to addiction of other substances, shouldn’t government step in?
If countries set an age limit to smoking, drinking, driving, and other activities, shouldn’t the use of addictive technology be restricted as well?
3. Inequality
Recently some of the loudest calls for regulation have been aimed at the Big Four tech companies (Amazon, Facebook, Google, and Apple) due to their vast influence and wealth. Many point out the large inequality in the distribution of wealth between CEOs like Jeff Bezos in comparison to the average worker.
In addition many times companies with a lot of capital can have a questionable amount of power over people due to their ability to pay for ads and access that allows them to extend their reach on online platforms. In addition these companies conduct research and development on advanced technology such as AI, which could dramatically change the work landscape or create an unfair advantage, dominating the market.
4. Companies pushing limits
Finally one of the reasons it is so important to set regulations on companies is because due to competition with one another, companies will always take it to the limit of what is legal in order to compete for people’s attention. This results in companies dancing on the line between what is and isn’t legal, leading to the increase in likelihood for abuse of power.
These are some of the dimensions and difficulties policy makers will face regulating technology. The simple questions of Who, What, When, Where, and Why need to first be addressed before we are able to jump into the idea of How.
Gabriel de Lange studies International Relations at the University of Navarre| LinkedIn
