Countries across the globe are reforming legal frameworks that were once greatly guided by protectionist policies. Countries are now embracing a more nuanced approach that incorporates multilateral collaboration to face the new era of digital technologies carefully, with an acute focus on guarding citizens’ fundamental rights. Countries seek an elusive and delicate balance—immense cooperation across boundaries, while concurrently maintaining independence to advance own their own community’s agenda.
Here, protectionism can be defined as defensive measures a country enacts to safeguard its own economy and citizens. Further, multilateral collaboration encourages cooperation at both the national and international level, where nation-centric agencies, or even sovereign countries work more closely together to achieve a broader goal. Numerous longstanding traditions and principles are now under scrutiny to help present-day regimes keep pace. For instance, the Brussel’s Effect—the European Union’s unilateral power to regulate markets, without the need to resort to international cooperation[1]—brings about a pseudo-paradox in this new era of technology because there is now a much larger dependance on other countries, whether it be regulations, resources, or legal liability. The juxtaposition of protectionism and sovereignty, creates a difficult tension.
The United States’s position has been to emphasize modernization to harmonize strategic interests, such as economic enrichment and utility to the public[2]. Further, US domestic policy is not created in a silo and closely considers international dependencies; this careful analysis is an example of historic strategies—such as the Brussel’s Effect—no longer being the most effective option to keep pace in today’s fast paced and integrated society. Whether it be incentivizing inventors, or regulating artificial intelligence, the umbrella of what is considered a priority is intricately and inextricably informed by what may be deemed critical to the nation’s policy objectives. Ultimately, this better enables a more robust national economy and benefit to citizens.
Similar sentiments resonate abroad. For example, the European Union emphasizes the populace’s fundamental rights. The EU intends to revolutionize its digital spaces while protecting its citizens. This is illustrated by several initiatives, including the Digital Services Act, Digital Markets Act, and AI Act. Their purpose is to more closely engage how new technology policy aligns with utility for its citizens. These initiatives are widespread and ambitious but do reveal a careful effort to prepare for the new era of digital evolution.[3]
Further, the narratives surrounding new technologies also inform why countries are more receptive to adopting these new legal regimes, which portray emerging technologies from different perspectives. On the one hand, there is a utopian vision of synergism, ease and growth. On the other hand, is dystopian fear, existential quandaries, social inequity, and catastrophe. Addressing each of the latter challenges is imperative because they inform the public’s sentiment on the permissibility of technology implementation in their daily lives. Moreover, that public influence will inevitably permeate the legislature’s ability to pass policy, governance agendas of future technological progress, and eventually affect global standard-setting.
Conceivable solutions to a balanced legal approach prioritizing technical innovation and protection of citizens’ right are difficult and interdependent. Countries now wrestle with a challenge to balance nation-centric policies with cross-border collaboration to ultimately best serve its’ citizens’. There can be adverse consequences in attempting to maintain a regulatory silo, due to the interconnectedness of new digital technology and its global footprint. Further, it is also likely that cooperation across the US, EU, and EU Member States, etc. will promote regulatory coalitions to help achieve consensus on how to move forward. Discovering effective, harmonized policies to achieve this paradigm shift will likely take time. In all, executability may be arduous but the outlook of achieving a successful balance seems optimistic.
[1] Bradford, Anu, The Brussels Effect: How the European Union Rules the World (New York, 2020; online edn, Oxford Academic, 19 Dec. 2019), https://doi.org/10.1093/oso/9780190088583.001.0001, accessed 25 Oct. 2024.
[2] MARTIN J. ADELMAN, RANDALL R. RADAR, JOHN R. THOMAS, CASES AND MATERIALS ON PATENT LAW 10 (West Academic Publishing et. Al. eds., 5th ed. 2018).
[3] European Council, Council of European Union, A digital future for Europe, https://www.consilium.europa.eu/en/policies/a-digital-future-for-europe/