The dangers of legislative nostalgia: the application of received legal categories to new tecnologies

This paper explores how received legal categories can hinder regulation of IT technology, by analyzing the debate regarding Uber in Chile, where its legislator is currently discussing a new legal regulation of the services provided by transportation network apps. The Chilean case provides an illustrative example, given the tendency of the bill under discussion to assimilate these new activities to pre-existing legal categories, which belong to old regulatory schemes.

From the Chilean experience, I will attempt to show the unsuitability of received legal categories through the analysis of the regulatory proposals of the draft bill that is being discussed.