Emerging technologies and problem definition uncertainty: The case of cybersecurity

Jonathan Lewallen

Regulation & Governance, 2021, vol. 15, issue 4, 1035-1052

Abstract: For governments to regulate, they must first define the problem and decide which policymakers have the authority to make decisions. Technological development can disrupt the authority‐allocation process by fostering uncertainty about which actors are responsible for making policy. This article examines the role that changing technology has played in the development of cybersecurity policy in the United States. New technologies have increased the type and scope of assets vulnerable to cyberthreats, and with them the number of governing units who can claim jurisdiction over cybersecurity‐related issues. Uncertainty about the nature of the problem has led the U.S. Congress to rely heavily on bureaucratic witnesses and focus on how existing regulations can be brought to bear. Emerging technologies create regulatory challenges for governance not only through unforeseen consequences but through uncertainty over who can regulate. Fragmented authority can produce piecemeal responses and a reliance on existing frameworks that benefit regulated industries.

Date: 2021
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