Addressing “Technological Ignorance” in Law & Tech Interdisciplinary Study
Qin (Sky) Ma [1]
The intersection of law and technology has emerged as a prominent interdisciplinary research area over the past decades. Unlike traditional interdisciplinary studies within the humanities and social sciences, the law and technology intersection present significant challenges due to the vast differences between these fields. A critical issue in this domain is the pervasive lack of fundamental understanding of cutting-edge technologies among legal scholars, which can be termed “technological ignorance.” This article explores the challenges and implications of this ignorance and proposes strategies to overcome it.
The Challenges and Implications of Technological Ignorance
Technological ignorance hampers the legal system’s ability to resolve disputes effectively in certain type of cases. For instance, in the realm of digital currencies and blockchain technology, the lack of understanding among legal practitioners has led to inconsistent and sometimes inadequate regulatory responses. A notable example is the 2016 Florida case where the judge ruled that Bitcoin is not “money,” leading to the dismissal of money-laundering charges. This decision prompted an appeal and a legislative amendment to include virtual currency in the Money Laundering Act. This incident underscores the necessity for legal professionals to grasp the basic principles of emerging technologies to ensure justice and proper legal processes.
Blockchain technology also poses challenges for financial regulation, complicating legal relationships in financial fraud cases. Policymakers also face greater regulatory challenges. For example, the 2024 case against Sam Bankman-Fried, founder of FTX and Alameda Research, who misappropriated billions in customer funds and defrauded investors and lenders of over $3 billion combined. Additionally, blockchain evidence complicates the judicial proof process, requiring new methods for authentication and verification. These complexities necessitate an advanced understanding of both legal and technological principles to effectively manage and regulate the use of blockchain in financial contexts.
The governance role of law is also affected by technological ignorance. The rapid advancement of generative artificial intelligence (AI) technologies poses significant risks, including ethical concerns about bias and privacy. The Chicago predictive policing program, criticized for disproportionately targeting minority communities due to algorithmic biases, illustrates the challenges faced when legal professionals are not adequately equipped to scrutinize and regulate AI systems. Besides, in AI regulation, many scholars advocate for the “human in the loop” approach. However, ensuring humans can effectively collaborate with and supervise AI on a technical level requires a thorough understanding of the technology. Without this, legal regulations may become impractical and fail to achieve their intended effect. Hence, technological literacy among legal professionals is crucial to the successful implementation of these laws.
Biotechnology, particularly gene editing and assisted reproduction, presents ethical dilemmas and legal challenges that are exacerbated by technological ignorance. The case of He Jiankui, who announced the birth of genetically edited babies, sparked global controversy and highlighted the urgent need for clear legal frameworks and ethical guidelines in biotechnology. Without a fundamental understanding of these technologies, legal responses may be delayed, inadequate, or misguided, failing to address the profound implications of such advancements.
Furthermore, environmental policy and governance are profoundly impacted by emerging ecological technologies. Geoengineering, for example, involves complex scientific principles that many legal scholars find challenging to comprehend. The adaptation strategies and turning points proposed by environmental science and technology significantly influence carbon emission policies and related environmental laws. Without understanding the underlying principles, reliability, and safety of these technologies, legal regulations may be delayed or inadequate. The limited regulatory measures in this domain highlight the broader issue of legal systems struggling to keep pace with technological innovations.
Strategies to Overcome Technological Ignorance
Reforming Educational Curricula: One of the most effective ways to bridge the knowledge gap is through educational reform. Law schools should integrate technology-focused modules into their curricula to ensure that future legal professionals have a basic understanding of emerging technologies. Successful models from institutions like Stanford and MIT, which have introduced interdisciplinary courses, demonstrate the potential benefits of such an approach. These programs help law students grasp the principles, theories, and methods of cutting-edge technologies, preparing them to navigate the complexities of the digital age.
Establishing Dedicated Research Centers: Creating dedicated research centers and think tanks can facilitate continuous dialogue and collaboration between legal scholars and technology experts. These centers could bring together professionals from diverse fields to tackle complex issues at the intersection of law and technology. Such centers promote interdisciplinary research, providing a platform for developing informed and effective legal responses to technological advancements.
In addition to formal education and research centers, encouraging self-directed learning through online platforms can help legal professionals stay updated with technological advancements. Online courses, webinars, and workshops can provide flexible learning opportunities, enabling scholars to acquire essential technological knowledge at their own pace. This approach is particularly useful for mid-career professionals who may not have the time or resources to pursue formal education.
The interdisciplinary study of law and technology is crucial for addressing the challenges of the digital era. Overcoming “technological ignorance” requires collaboration and self-directed learning. By bridging this knowledge gap, the legal system can more effectively regulate and adapt to technological advancements, ensuring balanced and effective governance. These strategies offer a path forward, empowering legal professionals to navigate the complexities of emerging technologies and uphold justice in an increasingly digital world.
[1] Qin (Sky) Ma, Hauser Postdoctoral Global Fellow at NYU School of Law.