LEGAL LIMITATIONS OF THE

GROWING MEDIA
TECHNOLOGY (PART 3)
Legal challenges to regulating technology

If we can summarize the legal challenges in regulating technology it can be simply attributed
in the rigidity of legal system itself and the ever changing issues brought about by a rapidly
evolving technology. However, for purposes of discussion we will cite examples on the sectors
where the legal system is currently struggling.

Data privacy should be cited first since it has been existing as early as the first commercial
use of the internet. Privacy and data security breaches still makes it to the mainstream news.
Regulation thereof is very difficult due to the lack of awareness of users themselves with regard
to their rights and privileges despite policy disclaimers to which they must provide their
consent thereto. The key here is to legislate a law that will institutionalize data privacy in the
education system to promote awareness. 1

Service providers who are operating and taking advantage of the gaps left by regulation are
also a challenge. Uber for example has been notoriously uncompliant with regard to local laws
relating on the carriage or passengers of countries where it is operating. Despite the bans
imposed against its operations, Uber has remained popular and gained support among
commuters defying the regulations set for the latter’s protection. 2

Tax is also difficult to implement. The challenge lies on the tax treatment of international
businesses on how the tax policies should be applied. Tax laws especially in the European Union
countries appears to have lag behind the current business models and structures proliferating
over the internet. 3

The popular cryptocurrency has also poised a major challenge across the legal system of
many countries. Its hype has caused so much excitement for the public that there have been
concerns of possible risks such as money laundering, scams, and hacks. The treatment and
reaction of different countries are varied. Russia and China has already effected a tough stance
against the use of cryptocurrency while other countries are examining how they will regulate it
in their jurisdiction. U.S. has not imposed any regulations yet but is issuing warning on the
potential dangers of its use. Much has still to be learned and deliberated upon its regulation.
For now, stricter countries like Russia and China has taken the shortcut of implementing a ban. 4

1
Rossi, B. (2014, November 27) Legal issues currently affecting the tech sector. Information Age. Retrieved from
http://www.information-age.com/legal-issues-currently-affecting-tech-sector-123458694/ accessed 20 April 2018
2
Rossi, B. (2014, November 27) Legal issues currently affecting the tech sector. Information Age. Retrieved from
http://www.information-age.com/legal-issues-currently-affecting-tech-sector-123458694/ accessed 20 April 2018
3
Rossi, B. (2014, November 27) Legal issues currently affecting the tech sector. Information Age. Retrieved from
http://www.information-age.com/legal-issues-currently-affecting-tech-sector-123458694/ accessed 20 April 2018
4
Rossi, B. (2014, November 27) Legal issues currently affecting the tech sector. Information Age. Retrieved from
http://www.information-age.com/legal-issues-currently-affecting-tech-sector-123458694/ accessed 20 April 2018
Limitations we should put on technology

Identity and age verification methods to regulate content are among the limitations set on
the use and access of the internet. However, the said method is not fool proof as it can be
easily bypassed by not providing the correct information with regard to identification if
required.

Parents set time limits to their children with regard to the use of the internet and social
media. These time limits are technology enabled themselves to which only the parents can
access and modify.

But can we really limit technology? Perhaps as to its use the authorities may intervene and
regulate it for the greater good of the public. But it is the public and users themselves who
dictates what is good for them.

Technology can never be limited. Current platforms allow technology to thrive and
proliferate. This is evident in the use of open source software where anyone may access, copy
and distribute its content for whatever purposes, legitimate or not.

Patents have protected inventors in their creations. But with the rate that the technology is
progressing, it would appear that patent would soon become rendered useless. Critics argue
that intellectual property restrictions hold back technology’s pace of advancement.

In what appears to be a revolution against the restriction imposed by patents, the electric car
company and one of today’s most innovative companies, Tesla, on June 2014, made the
unorthodox decision to open its patents to the public for use. The idea from Elon Musk is that
fewer restrictions will promote innovation at an even faster rate. Tesla’s decision may set a
precedent for the future, and when it does, we can expect a higher rate of advancement in
technology, faster than what is predicted by Moore 50 years ago. 5

The only limit that can be imposed in technology is when we start limiting ourselves to
progress. A limit is not what technology needs, but rather a balanced regulation that protects
the rights and at the same time allow freedom of use. Nonetheless if limits will be imposed,
technology will always find an innovative way to make a workaround these limits and create
more opportunity.

Legal expectations from companies and technology giants

5
“How Fast Is Technology Accelerating?” The Atlantic. Retrieved from
http://www.theatlantic.com/sponsored/prudential-great-expectations/how-fast-is-technology-accelerating/360/
Accessed 20 April 2018
 Technological giants practically control our present daily activities. From our livelihood and
the services, we enjoy, these are now reliant to the use of technology. Government regulations
have always been frowned upon by most internet companies because the latter believes that
they have the right tool that can sort out the world’s problems, hence should not be interfered
upon. This notion is correct and cannot be argued, but the use of such powerful tools would be
subject to abuse if left unchecked.

Many technological companies continue to operate with the assumption that the law does
not apply to them. Companies like Napster which was shut down after a court decision has
been rendered that it was guilty of piracy, TV re-broadcaster Aereo which was also shut down
in a US decision, Airbnb who found a work around lease regulations, and Uber which despite
regulation and bans from different parts of the globe for violating transportation and carriage
laws, continues to enjoy support from its users.

Laws were present before these disruptors came into play offering convenience and
solutions to global problems. Whether they are the ones causing the problem or it’s the
outdated laws which are keeping us from progressing is of no matter.

The goal is to reach a compromise between these tech giants and the government to address
what is truly relevant to the needs of the majority. It is therefore expected that these
companies and technological giants work closely with authorities in formulating regulations
that would be both favorable to these service providers, the public, and the government.

Until then, the governments will just continue on passing stricter laws and the technological
service providers will just continue to find an innovative way to go around these regulations or
completely ignore them while they enjoy the support from the consumers and public in
general.

So, what is truly relevant to drive our governments and the technological giants to work
together? Is it profits and higher taxes, or the path to achieving world peace and eliminating the
world’s problems like hunger and poverty?