The regulatory gap in technology policy, both in India and abroad, reflects the struggle to keep pace with rapid advancements in technology. In India, this gap is evident in areas such as data privacy, cybersecurity, and emerging technologies like artificial intelligence (AI) and blockchain. While efforts like the Digital Personal Data Protection Act, 2023, Digital Competition Bill 2024 aim to address some of these concerns, there remains a need for comprehensive legislation and enforcement mechanisms to safeguard individuals’ digital rights and mitigate risks associated with technology use.
The Government of India had earlier unveiled an IndiaAI initiative, allocating 10,000 crore rupees to foster the development and deployment of AI systems in the country. As a component of this initiative, authorities aimed to pinpoint specific sectors or procedures where AI could be integrated into essential government functions. While the Digital Competition Bill lacks regulations on AI, the upcoming Digital India Bill, which is slated to be released after the elections, is believed to have dedicated chapters on AI, blockchain and quantum computing. A committee of representatives from various ministries has advised the government to adopt an inter-ministerial approach to governing Artificial Intelligence (AI). Their recent report suggests a ‘whole-of-government’ strategy, involving every ministry in deploying and regulating AI through an inter-ministerial body. Members of the committee included representatives from ministries like MeitY, DST, DoT, and NITI Aayog.
Similarly, abroad, countries face challenges in adapting regulatory frameworks to effectively govern rapidly evolving technologies. Issues such as platform liability, content moderation, and competition in digital markets pose complex regulatory dilemmas.
The United States government’s appointed Chief AI officers across all federal agencies, tasked with overseeing the safe deployment of AI. The directive mandates agencies to recognize and address potential AI safety hazards, implement protective measures, promote transparency in AI utilization, and eliminate unwarranted obstacles to innovation.
Efforts such as the European Union’s General Data Protection Regulation (GDPR) and antitrust actions against tech giants demonstrate attempts to bridge these regulatory gaps, yet challenges persist in ensuring effective implementation and enforcement across borders.
Universities worldwide are actively engaged in groundbreaking research on Artificial Intelligence (AI). The Fletcher School of Tufts University, developed a Digital Intelligence Index, which provides a comprehensive assessment of digital trust and security across 42 countries.
The index evaluates four key components within economies:
A. the digital environment, user experience, user attitudes, and user behavior. Through extensive analysis, it explores the effectiveness of policies in ensuring secure online ecosystems, the quality of user experiences, public trust in government and business leaders regarding data handling, and patterns of user engagement with digital technologies.
The index highlights : the delicate balance between technological progress and regulatory oversight and underscores the need for collaborative efforts to address emerging challenges in the digital landscape.
Firstly, the study examined the digital environment, probing the effectiveness of policies in ensuring secure online ecosystems. This encompasses a range of measures, from regulatory frameworks to platform responsibility initiatives, designed to uphold data privacy and security while combating misinformation on social media and implementing cybersecurity best practices.
User experience emerged as another critical aspect, encompassing both productive and unproductive friction. While elements like security protocols may cause frustration, they are essential for safeguarding privacy. Conversely, poor design in e-commerce platforms can hinder seamless and reliable interactions.
User attitudes towards digital ecosystems were also analyzed, reflecting the level of trust users place in government and business leaders to handle their data responsibly. Despite growing skepticism about information accuracy on social media, users continue to rely on these platforms for news, highlighting the need for improved governance and transparency.
Lastly, user behavior played a significant role, with economies exhibiting high digital momentum often facing greater privacy concerns. The study emphasized the importance of addressing privacy and security issues as economies ramp up their digital policies, emphasizing the shared responsibility among government, businesses, and individual users.
At TechBridges, our quest is around the focal point of the TechReg Gap
This encapsulates the evolving landscape of technology for consumers, encompassing both its usage and the solutions it offers. On one hand, technology continuously advances, introducing innovative solutions that redefine user experiences and capabilities. On the other hand, regulatory bodies scrutinize these advancements, assessing the associated risks and implications.
However, the rapid pace of technological advancement often outpaces regulatory adaptation, creating a significant challenge for policymakers and stakeholders alike.
The opportunity and challenges –
By bridging the TechReg Gap, stakeholders can cultivate a middle ground where technological innovation flourishes under responsible and informed governance.
This approach not only fosters trust and transparency but also encourages sustainable growth and development.
The solution to the TechReg Gap lies in finding common ground—a place where technological innovation and regulatory oversight converge to create a balanced ecosystem that benefits all stakeholders.
Through collaboration, dialogue, and proactive measures, we can harness the full potential of technology while addressing regulatory concerns, thereby shaping a future that is both innovative and responsible.
Despite the challenges, AI has the potential to do a lot of good. We just need to use it responsibly and keep an eye on how it’s being used. It’s not all rainbows and butterflies. There are concerns about AI being misused or causing harm. We believe the digital consumer would need more protection where regulation will play a key role in making digital commerce more trustworthy.
The way forward –
more that regulators, the proactive role of responsible AI developers and entrepreneurs who invest in it, would be crucial to ensure they design products and its functional design to be in the best interests of customers – to avoid reputational risks. Moreso, developing risk averse systems – early governance will save them from re-modeling their product design when regulations eventually arrive.
