“A procedural theory of technology neutrality”, Marco Almada
PLAMADISO Talk by Marco Almada (University of Luxembourg) – 27 February 2025 || Organized by the Research Group “Digital Economy, Internet Ecosystem & Internet Policy” @Weizenbaum Institute for the Networked Society
Title: “A procedural theory of technology neutrality”
Abstract
Technology-neutral regulation is a popular slogan in digital lawmaking. Present in the European Commission’s Better Regulation Guidelines and name-checked in instruments such as the #DSA and the #AIAct, #technologyneutrality is touted as a way to regulate innovative technologies while fostering innovation. However, the operationalization of this concepts suffers from various challenges, not least a lack of consensus about what neutrality means in the first place. In this presentation, I argue that technology neutrality is better understood as a process for the delegation of the power to determine the technical contents of regulation. This procedural theory of technology neutrality reflects how the term is used in debates about regulation, finding common ground between the different meanings given to the concept in regulation. More importantly, it suggests the need to focus on the trade-offs associated with this delegation of power. By viewing technology neutrality as a process rather than a static property of legal text, one can assess its value in practice rather than taking it for granted. To that effect, the presentation concludes with a discussion of how the procedural theory of technology neutrality can help with the evaluation of whether a technology-neutral approach is fit for purpose.
Short Bio
Marco Almada is a postdoctoral researcher in law at the University of Luxembourg. Working under the Chair of Cyber Policy, his research deals with the regulation of artificial intelligence in the European Union (EU), with special attention to cybersecurity and the global impact of EU policy on AI. Almada holds a PhD in law from the European University Institute and postgraduate degrees in both law and computer science, having professional experience in both fields.
More info about Marco Almada:
Google Scholar: https://scholar.google.com/citations?...
Website: https://www.marcoalmada.com
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