La sfida tra il diritto e la tecnologia | Silvia Stefanelli | TEDxLink Campus University

Key Concepts

• Diritto e Tecnologia: The intersection of legal frameworks and technological advancement.
• Regolamentazione Digitale: The process of creating laws and rules for the digital realm.
• Approccio Basato sul Rischio (Risk-Based Approach): A regulatory strategy that prioritizes addressing the most significant risks.
• Sovranità Digitale: The ambition of a region (like the EU) to lead in setting digital regulations globally.
• Competitività Economica: The ability of an economy to compete in the global market.
• Tutela dei Diritti: The protection of individual rights and freedoms.
• Big Tech: Large technology companies.
• Digital Omnibus: A proposed legislative package aimed at simplifying and streamlining EU digital regulations.

The Challenge of Regulating Technology: A Legal Perspective

Silvia Stefanelli, a cassation lawyer and founder of Stefanelli e Stefanelli law firm, addresses the complex relationship between law and technology, particularly in the healthcare sector. She highlights a fundamental question: is current legislation capable of effectively managing the rapid evolution of technology, especially artificial intelligence (AI)?

The Pace of Technological Change vs. Legal Adaptation

Stefanelli emphasizes that technological development is occurring at an unprecedented speed, far outstripping the traditional pace of legal reform. She notes that legal frameworks, rooted in millennia of Roman law, have historically adapted by either attempting to transpose real-world rules into the digital sphere or by creating entirely new digital-specific regulations. However, the latter approach, particularly in the last 4-5 years, has proven challenging.

The European Union's Regulatory Ambition

The European Union has set a political and economic goal to become a global leader in digital technology regulation. This strategy aims to establish rules that, due to the EU's market size, will indirectly influence global standards for products and AI developed by companies seeking access to the European market. This ambition seeks to balance innovation and economic growth with the protection of fundamental rights, which Stefanelli stresses are not universally guaranteed and are a cornerstone of democratic societies. The EU aims for a fair, competitive, and sustainable digital economy.

The EU's "Risk-Based" Regulatory Approach and its Challenges

Between 2022 and 2025, the EU enacted a significant volume of regulations, totaling approximately 500 articles across various legislative acts. The chosen regulatory methodology is "risk-based," focusing on identifying and mitigating risks to citizens while strongly upholding their rights.

However, Stefanelli argues that this "hyper-legislation" and rigid adherence to rights have resulted in a complex and difficult-to-apply legal framework. Laws drafted quickly, often in response to the need to regulate emerging technologies rather than immediate social demand, are challenging to absorb culturally and implement effectively. She states that a significant portion of these regulations are currently "unenforced."

The Draghi Report and a Shift in Strategy

In 2024, the EU recognized a decline in competitiveness compared to other global players. Mario Draghi's report on European competitiveness highlighted issues with the current regulatory approach, citing excessive, incoherent, and fragmented legislation, as well as too many national authorities responsible for enforcement. The report suggested that while the objective of establishing rules is crucial to protect European citizens, the method of regulation needs to change.

The "Digital Omnibus" and a New Direction

Following the Draghi report, the EU has acknowledged potential missteps in its legislative process. The recently proposed "Digital Omnibus" aims to simplify and streamline the existing regulatory corpus, potentially re-evaluating the risk-based approach. This signifies a potential shift in the EU's strategy, acknowledging that while the objectives of protection remain, the methods of drafting laws need to evolve.

Re-evaluating the Balance: Rights vs. Competitiveness

Stefanelli reiterates the initial question: is prioritizing the protection of rights the only viable path? She argues that the current approach, while well-intentioned, is hindering economic competitiveness and the growth of businesses, particularly startups. The rigid, dogmatic, and abstract nature of current regulations is seen as a barrier to innovation and global competitiveness.

She poses a critical question to the younger audience: are they willing to potentially cede some legal protections to foster economic growth and enable their startups to compete effectively with those in the US and China?

Towards a More Concrete and Aware Regulatory Framework

Stefanelli suggests a move away from abstract legal principles towards a more concrete focus on the real risks that technology poses to individuals and society. This involves understanding when technology can be genuinely dangerous, especially for vulnerable populations. The focus should shift from abstract rights to concrete risks and practical realities.

Furthermore, she emphasizes the importance of increasing public awareness. If regulatory frameworks become less stringent in certain areas, it is crucial for individuals to be informed about the potential risks of technologies like AI, enabling them to manage these risks proactively.

Conclusion: The Need for a Pragmatic Approach

Stefanelli concludes that the current legal framework for technology is not working effectively. It is too rigid, dogmatic, and abstract. A more pragmatic approach is needed, one that acknowledges concrete risks and potentially involves a recalibration of certain rights to ensure economic competitiveness and foster innovation. The challenge lies in finding a balance that protects citizens without stifling economic progress and the ability of European businesses to thrive in a globalized digital landscape.