Listening to regulators about the challenges in regulating emerging disruptive technologies
José Antônio Gouvêa Galhardo, César Alexandre de Souza · Transforming Government People Process and Policy · 2024
Purpose This study aims to investigate the regulatory challenges of emerging disruptive Information and Communication Technologies (ICT) in Brazil and the strategies regulators use to address them. Design/methodology/approach It is an empirical qualitative research on Brazil’s three administrative levels, focusing on the legislative houses’ specialised Science and Technology Committees. It combines archival analysis of public meeting records with elite interviews of parliamentarians and technocrats who participated in Public Hearings in 2019, which results in this paper analysed through the Theory of Communicative Action with a critical stance. Findings The research reveals that regulatory challenges gain new dimensions by involving discussions about emerging ICT. Factors such as time constraints, rapid technological evolution and widespread adoption compound these challenges, straining the preference for the incremental pace of regulation and the traditional model of specialised regulatory agencies. The research captures some regulators’ values, underlying concerns and perceived necessities for surmounting these challenges. It also outlines the preferred process for ICT regulation, revealing parliamentary assistants and executive intermediate-level specialists as gateways for interest groups’ action. Social implications The study's findings highlight the crucial role of specific actors as gateways to the covert action of interest groups, particularly Big Tech firms. This contribution is significant as it empowers civil society and academia to monitor and mitigate the risk of regulatory capture, thereby promoting a more transparent and equitable regulatory environment. Originality/value This research is original in directly engaging with the key figures (lawmakers, legislative assistants and specialised bureaucrats) involved in the critical and timely issue of regulating emerging disruptive technologies.