Emerging Technologies and the Law: from “Catch Me if You Can” to “Law by Design”

This article examines the interplay between emerging technologies and law. In recent years, identifying an appropriate regulatory framework for technological advancements has been a significant scholarly debate. Various theories and approaches have been proposed, ranging from soft law to hard law. We explore emerging technologies from both legal and regulatory perspectives, emphasizing the risks associated with them. We discuss how the relationship between law and technology has been approached, including the challenges of emerging technologies, factors influencing the adoption of laws, and strategies for regulation. We challenge the existing reactive approach to regulation in response to technological advancements. Instead, we advocate for a ‘law by design’ approach, which incorporates legal principles during the early stages of technological development, rather than trying to catch up with technology through legislation.