A New Paradigm for Privacy

The Indian government’s recent mandate to link Aadhaar numbers with tax returns and mobile numbers highlights the urgent need for a privacy law. Current proposals suggest a law based on OECD principles, emphasizing consent. However, given the complexity of data use today, the responsibility should shift from individual consent to holding data controllers accountable, ensuring fair and non-discriminatory data processing. India has the chance to create a forward-thinking privacy framework suitable for today’s data-intensive world.

Insuring Previvors

The story of chess and rice illustrates exponential growth, paralleled in technology and genetics. Moore’s Law on computing power doubling every two years has led to advanced AI, machine learning, and virtual reality. Similarly, rapid advancements in genetics, outpacing Moore’s Law, are revolutionizing disease diagnosis and treatment, potentially transforming industries like insurance by redefining pre-existing conditions.

Collaborative AI

Law firms struggle with partner compensation models, balancing profit and collaboration. The “eat-what-you-kill” model, based on individual revenue generation, can lead to competition and reduced cooperation. In contrast, the lockstep system, rewarding tenure over performance, may not fully incentivize productivity. Similar challenges exist in finance, where hedge funds guard proprietary data. Numerai, an AI firm, addresses this by using homomorphic encryption and a public platform, allowing data scientists to contribute to a meta-model, democratizing data without compromising confidentiality, and rewarding contributions with bitcoin. This innovative approach could inspire similar solutions in the legal industry.

FOMO and the Law

Lawmaking, fraught with the challenge of foreseeing unintended consequences, often leads to statutes filled with broad, catch-all provisions. These residuary clauses, while providing regulatory flexibility, create uncertainty and potential for overreach. The Other Service Providers (OSPs) regulations in telecom exemplify this, with vague definitions extending regulatory reach to unintended sectors. Precise, purpose-built legislation is advocated over open-ended definitions to avoid such regulatory ambiguities.

Uberisation of National Transport

Early e-commerce companies in India had to create their own infrastructure, leading to the development of advanced logistics services within cities. However, inter-state transport has not seen the same technological transformation, largely due to regulatory constraints. Revisiting these regulations could lead to significant improvements in the national transportation infrastructure.

GPS is a Time Machine

In a world rejecting globalization, the critical role of synchronized time, essential for modern civilization, is often overlooked. Medieval Europe’s independent timekeeping evolved with industrialization, requiring precise coordination. Today, technologies like mobile networks, electricity grids, and GPS rely on exact time synchronization. GPS, a US Department of Defense system, underpins these technologies, highlighting the interconnectedness of global systems amidst rising nationalism.

Colluding Algorithms

Auto rickshaw drivers often charge more than the metered fare in response to market dynamics, similar to surge pricing in ride-hailing apps. This raises competition law concerns, as algorithm-driven pricing could lead to unintentional collusion, setting higher equilibrium prices. The challenge for regulators is to adapt antitrust laws to address potential collusion by autonomous algorithms, which can independently develop strategies for profit maximization, including tacit collusion, without overt intent or agreement.

Regulatory Sandbox

The Indian government’s approach to using imprecise language in law-making - particularly in technology regulation - can lead to unintended consequences. If we can use regulatory “sandboxes” to safely test new technologies to be tested within controlled environments it would foster innovation and create more precise and effective regulations.

Rare Diseases: Orphan Drugs

Those with rare diseases face tremendous challenges given that pharmaceutical companies have little incentive to produce the necessary drugs, and the high costs often make treatment unaffordable. Karnataka became the first state to release a Rare Diseases and Orphan Drugs Policy, recommending preventive testing, education, tax breaks, and insurance coverage for rare diseases. If other states follow suit, it could offer hope for those like Mohammed to lead longer and more dignified lives.

Big Bad Data

Statistician Fredrick Hoffman, known for identifying health risks like asbestos and tobacco, is also remembered for his flawed 1896 study claiming African Americans were inherently sicker than whites. This study, influenced by prejudice, had lasting negative impacts. As we increasingly rely on data and predictive algorithms, it’s crucial to avoid such biases and ensure fair, accurate interpretations to prevent perpetuating discrimination and injustice.