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Regulating the Big Tech: Legal Workability & Dysfunction in Oversight Measures

Abhivardhan
Nov 10, 2022
15 min read

Digital technologies for sure are disruptive, and their potential to bring these unending changes, to be called as "disruptions" happen in threads. This means that even minute and subtle changes into any sub-segment of a class of technology's subset, can affect global markets at a considerable rate. Some disruptions may be considered natural and gradual, while some might be orchestrated to affect multiple sectors. Let us take a simple example. People may be aware of various kinds of IoT-based devices, which include sensors. Take an electric toothbrush. What are the factors or considerations that may surround the purpose of such a product? So, a commonsensical understanding says that the product is portable, the tracking system within the product provides a lot of data about the consumers who are using the toothbrush. If the toothbrush has some components that can also assess the condition of the teeth and the gums, then even that can be monetised and reduced into data. The understanding is this: when digital technologies cause disruption, it is obvious that the multi-sector, multi-circumstantial impact the disruption brings resembles interconnectedness. This is interesting because lawyers and policy thinkers rarely focus on the interconnectedness of technologies. Now, in the same case of the electric toothbrush, let us suppose you get the data and use algorithms to analyse the patterns, then the whole "responsible AI" paradigm comes in where you have to be compliant with some self-regulatory standards or a regulatory sandbox to assess the effectiveness of the algorithms. Then, the explainability of the algorithms also has to be checked because that determines the business model behind selling and manufacturing the electric toothbrushes beyond consumer law issues.