Policy-making requires an understanding of the reciprocal relationships inherent in regulation. Focusing on a policy outcome in a narrow area of specific intent will result in unintended consequences in reciprocally related areas. In these instances it is important to think about policy making as a dial. Tilting too much in one direction will cause harm elsewhere. It is about finding the right balance.
The pandemic forced us into a natural experiment that has given us valuable insights about the natural world in the absence of humans. It also allowed us to experiment with changing various regulations to continue to operate in a lockdown. We should use the learnings from this natural experiment to figure out how to implement empirical policy-making by implementing regulatory sandboxes for our policy endeavours.
Regulation can never keep up with technology. What we need to do is develop principles-based regulation and allow regulators discretion in its implementation through effective post-facto enforcement. We should presume that regulatory actions have been taken in good faith unless proven otherwise and build transparency into our systems to ensure that regulators do not exceed their authority. Regulators should list all applicable regulations on their website and not attempt to enforce anything outside those regulations.
In India, electronic records can only be brought into evidence if accompanied by a certificate signed by a responsible person describing how it was produced and details of the computer involved in its production. Unless we remove these offline measures and replace them with digital certificates and other forms of electronic authentication, digital dispute resolution will be crippled.
My reflections on my 2020 predictions about technological advancements. The pandemic emphasized technology’s central role in society, from remote working to vaccine development. New regulatory measures give hope for increased internet access and technology legislation in India, recognizing the need to adapt and engage with technology in new ways.
