#30 It is the Regulator's Problem To Deal With Technology-Neutral Regulation w/ Dr. Marco Almada

This interview explores the complex concept of technology-neutral regulation, its benefits, challenges, and hidden costs. Expert Marco Almada discusses how neutrality can obscure technical details, lead to delegation of power, and create legal and practical issues in AI, cybersecurity, and digital markets.Find Marco's LinkedIn profile, where you'll find all of his publications and work on technology neutrality: https://www.linkedin.com/in/marcoalmada/. Marco and I mentioned a few scholarly works and developments surrounding technology neutrality. Click on them directly here: - 03:45, Rebecca Crootof's and B.J. Ard's work on 'Structuring Techlaw': https://scholarship.richmond.edu/law-faculty-publications/1622/. - 05:43, Marco's publication, 'Two Dogmas of Technology-Neutral Regulation': https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4953377. - 06:48, South Korean experience with the adoption of ActiveX in its cybersecurity standards: https://www.forbes.com/sites/elaineramirez/2016/11/30/south-koreas-online-banking-system-is-stuck-in-1996/. - 07:40, South Korea repeals its cybersecurity mandate in 2013: https://carnegieendowment.org/research/2021/08/the-korean-way-with-data-how-the-worlds-most-wired-country-is-forging-a-third-way.- 08:29, The Court of Justice's case law on automated decisions applying the GDPR (Case C-203/22 on the right to explanation): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62022CJ0203.- 11:19, Laura Aade's research on drastic changes to social media platforms: https://law.stanford.edu/transatlantic-technology-law-forum/projects/defining-social-media-platforms-with-e-commerce-features-under-eu-and-us-consumer-law-a-tiktok-case-study/. - 12:35, The European Commission's DMA Article 6(11) proceedings on access to search data: https://digital-markets-act.ec.europa.eu/commission-opens-proceedings-assist-google-complying-interoperability-and-online-search-data-sharing-2026-01-27_en. - 15:08, The proposed reform of the Cybersecurity Act: https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-eu-cybersecurity-act. - 16:30, Recital 15 GDPR reads as follows "In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used". - 19:20, Paul Ohm's research on the US' surveillance apparatus and technology neutrality: https://www.researchgate.net/publication/256007763_The_Argument_Against_Technology-Neutral_Surveillance_Laws. To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.