Law and issues of regulating emerging technological innovations
Join a cohort of our global student community to explore some of the key legal issues arising from the changes in our world.
Speaker: Dr. Rajbeer Singh Basera, Assistant Professor, Jawaharlaw Nehru University, New Delhi
The appetite for new knowledge and innovation is ferociously shaping the present human civilization by not only sheltering immense advantages and opportunities but also at times causing challenges and risks. Technologies and innovations produce not only the understanding, knowledge, and values (economic, social, environmental) but also questions, dilemmas, and unintended (and sometimes undesirable) impacts. Sometimes the negative effects of technology outweigh its positive impacts. In this situation, the ruling authorities in democracies have no other options but to ban those new technologies which could become very complex tasks to regulate in the absence of contemporary and futuristic laws.
There is also a risk of technological lock-in which implies that innovation is highly embedded in society, and controlling it may inflict a huge cost and can be resisted by vested or genuine interests. This leads to disparities between two points in time, firstly, legislation or law-making and secondly, the need for law for new technologies. Since the principle of responsibility is the foundation in any democracy to legislate and regulate through a sound rule of law based legal system. Such problems lead to interesting questions and debate about law, new technologies and innovation for students of law and technology.
The first question is, how to deal with the requirement for law, regulation and governance of new emerging technologies and innovations or how the law responds to the challenges of regulating new technology and innovation world? The second question is, how to address the principle of responsibility by creating a sound rule of law based legal systems. The third question is, why law and experts of law need a different approach to deal with the demand for anticipatory risk mitigating and participatory process of law-making and technological innovation. To address, these questions, two case studies are discussed. The first case study is in the area of E-mobility. The second case is the use of Civilian Drones’. Both cases studies attempt to answer these questions by reflecting on all the problems and issues raised earlier.