The technology triad: disruptive AI, regulatory gaps and value change

Disruptive technologies can have far-reaching impacts on society. They may challenge or destabilize cherished ethical values and disrupt legal systems. There is a convergent interest among ethicists and legal scholars in such “second-order disruptions” to norm systems. Thus far, however, ethical and legal approaches to technological norm-disruption have remained largely siloed. In this paper, we propose to integrate the existing ‘dyadic’ models of disruptive change in the ethical and legal spheres, and shift focus to the relations between and mutual shaping of values, technology, and law. We argue that a ‘triadic’ values-technology-regulation model—“the technology triad”—is more descriptively accurate, as it allows a better mapping of second-order impacts of technological changes (on values and norms, through changes in legal systems—or on legal systems, through changes in values and norms). Simultaneously, a triadic model serves to highlight a broader portfolio of ethical, technical, or regulatory interventions that can enable effective ethical triage of—and a more resilient response to—such Socially Disruptive Technologies. We illustrate the application of the triadic framework with two cases, one historical (how the adoption of the GDPR channeled and redirected the evolution of the ethical value of ‘privacy’ when that had been put under pressure by digital markets), and one anticipatory (looking at anticipated disruptions caused by the ongoing wave of generative AI systems).