Por que, quando e como regular as novas tecnologias?: os desafios trazidos pelas inovações disruptivas

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The article discusses some of the key debates on the regulation of new disruptive digital technologies. Disruptive innovations face governments with the challenges of deciding when, why and how to regulate, as well as designing the best regulatory framework for each case. Besides the traditional justifications for state intervention, regulation of new technologies should serve especially to promote and preserve innovation while ensuring free competition, a requirement for innovation to occur. In this sense, the initial regulation of new technologies must be detained to the areas regarding the guarantee of user’s safety and the respect of fundamental freedoms. As to when to regulate, it appears that the intervention that occurs as soon as the new technology emerges may be proved premature; on the other hand, allowing the innovation’s stabilization may be proved delayed, especially in the face of a consolidated market’s resistance to regulation (Collingridge dilemma). The regulatory framework to be adopted should be able to combine stronger and weaker regulatory tools, allowing adaptation to and learning from a fast changing reality.

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