The pace of science and technology has greatly accelerated in recent decades, whereas the capability of regulatory frameworks to adapt to these changing technologies has, if anything, slowed down. The problem this creates is that our laws are increasingly out-of-date for regulating new technologies, and as this gap between technology and the law grows, so too does the likelihood of inadequate or inappropriate regulation of new technologies. Since it is unlikely to be feasible or perhaps even desirable to significantly slow the pace of science and technology, the only way to keep regulation up-to-date with technology is to speed up the adaptive capability of law and regulation. The goal of this project will therefore be to identify and evaluate new legal regulatory approaches that will be more adaptive and flexible to better keep pace with rapidly evolving technologies. The problems and limitations encountered by regulatory systems to keep pace with technology will be evaluated for six emerging technology case studies: (1) military robotics; (2) direct-to-consumer genetic testing; (3) nanotechnology health risks; (4) fMRI Lie Detection; (5) criminal activities in virtual worlds; and (6) surveillance technologies. Based on the shortcomings of present regulatory systems identified for these six emerging technologies, the project will develop and evaluate five new regulatory models to provide more adaptive oversight that are better able to keep pace with emerging technologies. The five regulatory models to be considered are provisionally identified in general terms as (1) real time adaptive management; (2) principles-based regulation; (3) collaborative voluntary programs; (4) framework agreements; and (5) institutional innovations such as cybercourts or independent commissions. The project will conclude by assessing the potential of these or alternative models for keeping law and regulation in synch with science and technology.
