Marco Almada (European U Institute) has posted “Two Dogmas of Technology-neutral Regulation” on SSRN. Here is the abstract:
Technology neutrality is a popular concept in regulation. Laws targeted at new technologies, such as the European Union’s new Artificial Intelligence Act, are often designed as technology-neutral regulations, and scholars and stakeholders often praise (or criticize) instruments in light of their (lack of) neutrality towards different technical arrangements. Yet, those assessments rely on various-and potentially conflicting-understandings of what technology neutrality is and what it entails for regulation. This article argues that the ambiguity surrounding “technology neutrality” and related concepts follows, in no small part, from two unquestioned assumptions permeating debates on the topic: that technology neutrality is a simple concept and that it is always an effective form of regulation. Based on a narrative review of scholarly literatures, legal instruments, and policy documents, this article unpacks those two dogmas, making the case that technology neutrality involves complex institutional choices that might or not be adequate in certain contexts. As a result, technology neutrality should not be taken as a default assumption for regulation; instead, its suitability should be examined on a case-to-case basis.