Challenges of regulating new technologies

There is a natural tendency for lawyers to search for solutions to new problems in existing institutes. The consequence is that these tactics are almost never successful – notably when the impasses to which the Law is called to resolve come from the so-called disruptive technologies. Even though Law, as a regulatory instrument for relations in society, is obliged to act in this environment, new technologies require a proper and adequate reading, since they do not fit into the traditional legal categories. Given this scenario, it is necessary to rethink the economic regulation that is linked to the territorial aspect, since globalization has already evidenced the crisis of the state model. However, the current gap between norm and reality brings three challenges (our barriers) that regulators must overcome in order to have an efficient regulation of new technologies: a (i) regulatory connection, (ii) pacing problem; and (iii) Collingridge's dilemma.