Prencess Edwina Maun

1JD-B

I. Types of emerging technologies

Emerging technologies refer to either newly introduced technology or developments of our
current technology which plays a vital part in the modernization of industries. A few examples
of emerging technologies are as follows:

1. Virtual Reality
• Simulated digital landscape that can be accessed through a wearable device like VR
headsets and motion controllers.
2. Augmented Reality
• Augmented reality transports you to a virtual world, it takes digital images and layers
them on the real world around you through the use of either a clear visor or
smartphone.
3. 3D Printing
• 3D printing is a method of creating a three dimensional object layer-by-layer using a
computer created design. As of today, there are already houses, prosthetics, musical
instrument, and human organs that were created via 3D printing.
4. Autonomous Robotics
• These are semi-intelligent robots that are capable of accomplishing tasks and diverse
operations independent of human guidance.
5. AI Assistants
• “AI” or artificial intelligence is an umbrella term for various technologies capable of
accomplishing tasks that traditionally required human intelligence. It also refers to the
simulation of human intelligence in machines that are programmed to think like humans
and imitate their actions.
6. Metaverse
• Metaverse is an artificial universe where people can interact with one another through
avatars. People can meet up with friends, go shopping, play games, and do anything else
they would normally do offline.
7. Blockchain Technology
• Blockchain technology is a growing list of records that can never be modified or deleted
as time goes on. This distributed ledger makes it easier for information to be publicly
shared between parties without being copied or altered.
8. Autonomous Vehicle
• Self-driving cars as driving assistants have been in development for years and are
becoming increasingly mainstream. The technology is evolving quickly, but there are still
some issues that need solving like regulation and consumer acceptance.
9. Biotechnology
• Biotechnology refers to any technology that involves living organisms or substances
produced by them. This could include everything from new drugs to new food sources—
even materials we don’t normally think of as living, such as paper made from wood pulp
instead of trees. It also includes methods for genetic engineering (changing DNA) in
humans and animals, and plants.
10. 5G
• 5G networks may ultimately be 100 times faster than 4G, allowing many more devices
to connect, reducing latency to practically zero, and providing more reliable signals.
11. Cryptocurrencies
• Cryptocurrency is a digital currency in which encryption techniques are used to regulate
the generation of units of currency and verify the transfer of funds, operating
independently of a central bank.
12. Immersive Interfaces
• Immersive interfaces are the next frontier after voice interfaces. Now that we can talk to
our tech, the next step is using our senses and other perceptions to interact with it.
Immersive interfaces enable more natural and frictionless communications between
people, humans, computers and digital environments. These technologies take
advantage of human attributes, such as touch and emotion, to bring users closer to the
digital world by humanizing interactions with technology.
Prencess Edwina Maun
1JD-B
II. Regulation theories
Regulation is the process where the designated government authority gives oversight and
establishes rules for businesses in an industry. Regulation places restrictions on behavior,
establishes incentives, and manages issues that are politically contentious. Judgments are
implemented through a rule or order issued by an executive authority or regulatory agency of a
government and having the force of law.

The evolution and techniques of regulations have been the topic of academic study. There are
two types of regulatory policy, namely, positive theories of regulation and normative theories
of regulation.

Positive theories of regulations analyze the reason why regulation is needed. Examples of
positive theories of regulation are theories of market power, interest group theories that
describe stakeholders’ interests in regulation, and theories of government opportunism that
explain why restrictions on government discretion is necessary for the sector to supply efficient
services.

In general, these theories conclude that regulation occurs because 1) the government is
interested in overcoming information asymmetries with the operator and in aligning the
operator’s interest with the government’s interest, 2) customers desire protection from market
power when competition is non-existent or ineffective, 3) operators desire protection from
rivals, or 4) operators desire protection from government opportunism.

On the other hand, Normative theories of regulation generally conclude that regulators should
encourage competition where feasible, minimize the costs of information asymmetries by
obtaining information and providing operators with incentives to improve their performance,
provide price structures that enhance economic efficiency, and designate regulatory
procedures that provide for regulation under the law and independence, transparency,
predictability, legitimacy, and credibility for the regulatory method.

III. Emerging issues, special topics: AI and robotics, health, environment, justice

Issues on Artificial Intelligence and Robotics

a. Adverse Effect on Workers
The IBA Global Employment Institute report highlights the effect of AI and robotics on
the workplace. Some issues highlighted include modifications to the requirements for
future employees, lowering in demand for workers, labor relations, creation of new job
structures and new types of jobs, dismissal of employees, inequality in the ‘new’ job
market, integration of untrained workers in the ‘new’ job market, labor relations,
health, and safety issues, impact on working time, impact on remuneration (changes,
pensions), social security issues, etc. Significant is also the potential loss of
independence for workers. These problems have economic (e.g., poverty) and social
consequences (e.g., homelessness, displacement, despair).

b. Privacy Issues
Legal scholars and data protection enforcement authorities believe that AI poses
tremendous privacy and data protection challenges. These include informed consent,
surveillance, infringement of data, etc. A study by Wachter & Mittelstadt (2019)
emphasizes concerns about algorithmic accountability and underline that “individuals
are granted little control and oversight over how their personal data is used to draw
inferences about them”.

Issues on Artificial Intelligence

a. Data Security and Storage
Most artificial intelligence development services depend on the availability of extensive
amount of data to instruct the algorithms. Although generating large volumes of data
Prencess Edwina Maun
1JD-B
provides better business opportunities it also creates data storage and security issues.
The more data is generated and the more users have access, the higher the possibilities
of data leakage. Data security and data storage issues have reached a global scale, as
this data is generated from millions of users around the globe.

b. Legal Issues
There are a lot of legal concerns around the development and implementation of
artificial intelligence. The data the algorithms collect from users are very sensitive.
Hence, it is possible for AI to violate laws or regulations, putting businesses and private
persons in the trap of legal challenges.

Technological Issues in Healthcare

a. Breach of Protected Health Information
One of the biggest advantages of using technology in healthcare is the ease in how data
is generated, stored, and transferred between systems and parties. However, it also
opens up the potential threat for data to be accessed by third parties. Whether
intentionally breached by malicious actors or accidentally exposed, cases abound of
patient data making its way into the wrong hands. And by relying on external cloud
service providers to manage their data infrastructure, those without advanced expertise
in cybersecurity may be opening up the patients who use their systems to risk.

b. Incorrect Healthcare Decision

Altered Data may Inadvertently Lead to Incorrect Healthcare Decisions. Patients and
healthcare professionals that are relying on data to make treatment decisions depend
on correct and accurate datasets. If data is deleted or altered it can lead to a wrong
diagnosis or treatment plan, or other adverse events.

c. Risk of Miscommunication
Especially for the elderly and the most vulnerable patients, relying on technology as the
interface of care can cause confusion and frustration; and can result in confusion,
treatment plans not being understood properly, or patient non-compliance.

d. Accountability in Malpractice Claims

Medical professionals are increasingly required to use digital technologies as part of
care delivery and this may represent a risk for medical error and subsequent
malpractice liability. For example, if there is a medical error, should the error be
attributed to the clinician or the artificial intelligence-based clinical decision-making
system?

Technological Issues on Environment

a. Technology is Mineral Intensive
Around 35 different materials are used in smartphones. Plastic is, after silicon, the
second most-used material which is derived from fossil fuels. Production requires high-
emission techniques and poses a range of severe dangers to our environment. Iron,
aluminum, copper, lead, zinc, tin, nickel, and barium are the next most important
materials.

All these things have to be mined and result in the shortage of natural resources and the
destruction of natural habitats. Furthermore, miners undertaking industrial processes
exposed to noise pollution, and toxic chemicals such as sulfur dioxide, and many suffer
health problems.

b. Massive Energy Use and Carbon Footprint

Manufacturers require massive energy to turn materials into the complex electronic and
technological products we use. Transportation of these products worldwide, by planes
and automobiles, contributes to the greenhouse effect responsible for global warming
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and air pollution. In addition, the simple act of plugging an electronic device comes with
a carbon cost and contributes to greenhouse gases and our climate crisis.

c. Electronic Waste
A small proportion of old electronic devices are recycled. The vast majority end up in
landfill sites or burned in dumps. However, these dumps not only emit methane and
other carbon emissions but our discarded gadgets leak chemicals, including mercury,
that blend with other wastewater contaminants such as pesticides. A toxic mish-mash of
chemicals can leach into waterways, exacerbate environmental pollution and harm
wildlife.

Technological Issues Affecting Justice

a. Trolling threatens democracy and free expression
During the 2016 US presidential election, online trolls were credited with impacting
political discourse. This kind of trolling is also a global epidemic. Freedom House has
reported that across the world, state-sponsored trolling operations (aka “troll farms”)
attack government critics and independent media by posting thousands of comments at
a time, polluting online dialogue through hate speech and disinformation. Hampering
free speech, trolling is frequently aimed at journalists and activists, along with those
engaging in political protest and other forms of expression.

b. New Technologies and fake news

New technologies and means of communication allowed false information to spread at
a faster, more alarming rate.

The spread of fake news–be it intentional or unintentional–poses three significant

threats to our human rights. The UN Committee on Economic, Social and Cultural rights
determines that all humans have the right to a free and fair election, a right to health,
and a right to non-discrimination. However, the current blurring of fact and fiction
impacts people’s voting patterns and political views, and there is much evidence to
suggest that the spread of fake news through online media platforms is to blame.

c. Ethical Risk in Judicial Use of Social Media

In the 2017 case of United States v. Sierra Pacific Industries, Inc., 862 F.3d 1157 (9th Cir.
2017), a district court judge was presiding over a case of a wildfire in California. The
federal government, which blamed lumber producer Sierra Pacific, reached a settlement
that the lumber company sought to vacate. The judge denied Sierra Pacific’s motion. It
appealed, pointing out that not only was the judge a Twitter follower of the federal
prosecutors on the case, but he also received tweets about the merits of the case from
the prosecutors’ Twitter account, and that he also had tweeted about the case from his
then public Twitter account. Hence, the judge was almost recused.
Prencess Edwina Maun
1JD-B
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