The Age of Smart Devices

The smartphone revolutionized communication, paving the way for smart watches, smart refrigerators, and even smart homes. Soon, some of us may find ourselves residing in smart cities. Yet, it begs the question—how truly 'smart' are these devices?

Despite the rapid integration of technology into our lives, legal frameworks and their enforcement lag behind. A striking example is the emergence of contact tracing applications during the coronavirus pandemic. Currently, there exists no cohesive legal framework governing the requirements these apps must meet. Some are produced by large multinational corporations, while others are local initiatives. The extent of personal data collected varies significantly, yet there appears to be a lack of consensus on how to regulate these applications.

This situation is not isolated; it reflects broader issues, such as targeted advertising on platforms like Facebook, the rules surrounding free speech on Twitter, and the data collection practices employed by Google. Nations and the EU are racing to create regulations for artificial intelligence, even though the technology is already entrenched in our daily lives.

The Legal Quagmire

The challenges posed by these technology-driven issues have left us in a legal quagmire. The primary reason? There are no existing precedents or laws tailored for these novel circumstances.

We see a similar predicament with CRISPR technology, which enables rapid genetic modifications. Regulations vary significantly across different regions. For instance, the United States does not impose specific regulations on crops modified through mutations that could naturally occur, while the European Union categorizes all CRISPR-edited crops under stringent GMO regulations.

In both instances, policymakers revert to existing regulations—whether for conventional or GMO crops. Unfortunately, no laws specifically address CRISPR technology. A tentative example of this is the introduction of safety guidelines for DIY gene therapy kits.

Our legal systems are intricate and often outdated, reflecting a bygone era. They were designed for a world that has now changed dramatically. With roots extending back centuries or even millennia, legislation has traditionally adapted to change, but the current pace of transformation is unprecedented. Increasing population density, deeper connectivity, and advancements in data collection technology are all contributing factors.

The Need for Evolving Legislation

As a result of these rapid developments, regulatory challenges are multiplying at an alarming rate. Current legislative frameworks are struggling to keep pace.

This issue is complex and does not present a simple solution. Nonetheless, shouldn’t regulations be as adaptable as the technologies they govern? Core values—such as liberty, justice, and equality—are essential and should remain steadfast within our legal systems. However, the regulatory mechanisms designed to protect these values could benefit from increased flexibility.

One potential avenue for improvement involves leveraging the very unpredictability that legislators aim to regulate. Initiatives such as 'hackathons' focused on identifying legal loopholes could harness the insights of experts in science and technology alongside the experiences of everyday individuals impacted by these changes.

By transforming legal frameworks into accessible 'commons', lawmakers could monitor the evolution of legal codes in real time, allowing them to adopt the most effective regulatory adjustments—essentially fostering evolutionary legislation. While this concept warrants more in-depth exploration, it holds promise for creating a more responsive legal system capable of balancing scientific advancements with appropriate regulations.

We must proactively consider how to foster such a system before the law becomes an obsolete relic that hinders progress rather than promoting it.