The evolving discipline of technology law and it’s relevance to modern businesses

Despite technological leadership and mastery of innovation across many parts of the globe, it can be said that there is a manifested lack of technological literacy among legal practitioners, businesses and joe public in general.

There are many reasons for this. For legal practitioners, at least, one reason may be that they already have to keep up with fast-changing norms in the law itself, and this keeps them busy, as will be the case for every business in every sector of the economy. Another may be that legal practitioners already have to cope with the impact of Artificial Intelligence on their business models and indeed upon their cash flow. Yet another may be that they conceive of cyber law as the final word about technology and the law. Note in this regard that we exclude the use of productivity tools such as email, word processing, social media, and indeed also generative AI when we refer to technological literacy.

Let’s now be clear about a proper definition of technology. Technology is more than the mobile phone on your desk, the medication you took for a chronic disease, the fibre to your home, the air fryer in your kitchen, the robot that landed on Mars, or the cruise missile shot off from one country to a next.

Technology is best defined as those functional capabilities extended beyond human capacity alone and expressed in hardware and software devices, procedures and skills. Think about this. A human alone does not constitute technology. Yet, put an axe in the hand of that human, then we should expect an outcome beyond human capacity alone, and while not driven by a microchip a certain level of skill and a certain procedure is called for to effectively (for the right reasons) and efficiently (in the right manner) use that axe.

To go back where I started. Given the increased convergence of humanity and technology, given the pace of technological progress, given the impact of technology on the economy, and given that these trends are going to cause more technology law questions to respond to, we have to improve our levels of technological literacy across all sectors of society.

For me, technology literacy then means among others the following:

• Having a good understanding of technological concepts, systems, and processes, combined with creative thinking and evaluation.
• The knowledge, skills, and self-efficacy required to critically engage with technological progress and its influences on daily life and commerce.
• An openness to techno-economic trends and internalization of insights.
• An ability towards a comprehensive and overarching view of technology.
• The chances upon improved technology-driven business strategies and company performance.

This series of submissions is meant to improve technological literacy in general so that we become empowered to at least recognize when our paths, whether privately or professionally, cross with a legal question that is rooted in technology.

For now, I want to conclude and demonstrate my reasoning with the following questions:

• Contract Law: In what ways might a lack of technological literacy among legal practitioners and businesses impact the formation, interpretation, and enforcement of contracts involving complex technological systems or processes?
• Property Law: How does the evolving nature of technology, such as advancements in artificial intelligence and robotics, inventions in software applications, and increased digital content, challenge traditional concepts of property rights and ownership, also intellectual property rights?
• Law of Delict: What liabilities might arise from the misuse or malfunction of technology due to a lack of technological comprehension, and how can legal practitioners effectively navigate and settle such cases to ensure appropriate compensation for damages?
• Law of Damages: Considering the complexities of technological systems and processes, how do legal practitioners accurately assess and quantify damages in cases involving technological failures or breaches, particularly when the parties involved may not fully comprehend the increasingly finer technical details?
• Privacy Law (Cyber Law): How does the lack of technological literacy among legal practitioners and the general public impact the development and enforcement of privacy laws, especially in the context of rapidly evolving digital technologies and data collection practices?
• Regulatory Compliance and Compliance Law: How does the lack of technological literacy among businesses and legal professionals affect their ability to understand and comply with regulations governing various technological sectors, such as data privacy regulations, cybersecurity standards, and product safety requirements?
• Consumer Protection Law: What challenges arise in ensuring adequate consumer protection in transactions involving technology products and services when consumers and legal practitioners may not possess sufficient technological literacy to evaluate risks, understand terms of service, or assert their rights in case of disputes?
• Space Law: With the increasing involvement of private companies in space exploration and utilization of space-based technologies, how do legal practitioners and others navigate the development of legal frameworks governing activities in outer space, including issues of liability, resource extraction, and space debris management?

Should you have any questions about these matters and others involving technology and the law, don’t hesitate to contact me for guidance and advice!

Ferdie offers to the market the unique professional proposition of combining a PhD in technology thought with an LLB and several other degrees, among others in business sciences, political sciences, social sciences and environmental sciences. Serving as director of fiduciary and legal services at @Indevaldi, Ferdie also leverages his accreditation as a mediator to help parties settle their differences early and over the years has built up a vast professional network offering access to attorneys and advocates for every problem necessitating specialist support beyond his own.

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