INTRODUCTION
Regulating Emerging Artificial Intelligence Technologies: On April 23, 2025, MIT Technology Review unveiled its prestigious list of the top 10 breakthrough technologies of the year. This announcement reflects significant technological advancements that hold the potential to revolutionize various industries, ranging from artificial intelligence (AI) to biotechnology. As with all technological progress, these breakthroughs raise a host of legal, constitutional, and societal challenges that policymakers and legal experts must address. The recognition of these innovations in MIT’s annual roundup, while often celebrated as victories of human ingenuity, also presents a series of complex questions about regulation, intellectual property, privacy, and the balance between progress and ethical considerations.
One of the primary tensions exposed by this list is the intersection of technology and governance. As technology rapidly evolves, existing legal frameworks often struggle to keep up, leaving gaps that innovators exploit and lawmakers race to fill. At the heart of this issue is how to balance the undeniable benefits of these innovations with the protection of civil liberties, intellectual property rights, and public safety. The question thus arises: how should legal systems around the world, particularly the U.S., adapt to ensure that technological advancements do not outpace the protections necessary for societal well-being?
“Technology is not inherently good or bad. It is how we choose to use it that determines its impact on society,” asserts Dr. Eric Schmidt, former CEO of Google and technology policy expert. This sentiment underscores the importance of not only fostering innovation but also ensuring that it aligns with broader societal values.
In this article, we explore the legal and policy implications of the MIT Technology Review’s 2025 list of breakthrough technologies. We will analyze the historical context of technological regulation, examine relevant legal precedents, explore diverse political perspectives on the issue, and forecast the potential policy outcomes of these emerging technologies.
LEGAL AND HISTORICAL BACKGROUND
The rapid development of breakthrough technologies raises important questions about the adequacy of current legal frameworks. To understand the complex legal landscape surrounding these technologies, it is crucial to examine existing laws that govern technology use, intellectual property, and privacy. In the United States, the legal regulation of emerging technologies is governed by a patchwork of laws, including the U.S. Patent Act, the Digital Millennium Copyright Act (DMCA), and various data privacy laws such as the California Consumer Privacy Act (CCPA).
The U.S. Patent Act (35 U.S.C. §§ 1-376) has long been central to regulating intellectual property in the context of technological innovations. However, as new technologies—especially AI and biotechnology—emerge, existing patent laws often fail to address the unique challenges posed by these fields. The concept of “patentability” is evolving, with courts increasingly called upon to determine what qualifies as a novel invention. For example, the U.S. Supreme Court’s ruling in Alice Corp. v. CLS Bank International (573 U.S. 208, 2014) has had a significant impact on patenting practices, particularly in the realm of software and business method patents. This decision reinforced the idea that abstract ideas cannot be patented, thus limiting the scope of protection for certain technological innovations.
Another critical area is data privacy, particularly with respect to AI and biotechnology, which often rely on vast amounts of personal data. The CCPA, enacted in 2018, represents a significant step toward consumer data protection. However, as AI systems and biotechnology research progress, the boundaries of personal data—especially genetic information—become increasingly murky. The Genetic Information Nondiscrimination Act (GINA) of 2008 prohibits discrimination based on genetic information, but there are ongoing debates about whether the current legal protections are adequate in light of rapid advancements in genomics.
The regulatory framework for emerging technologies also includes international conventions and treaties, such as the General Data Protection Regulation (GDPR) in the European Union, which aims to protect individuals’ personal data across member states. The interplay between national and international legal frameworks remains a source of tension, particularly as global technology companies seek to navigate multiple jurisdictions.
“Laws and regulations must evolve as fast as the technology they govern, or we risk leaving gaps that allow for exploitation,” states Professor James Liu, a law professor at Harvard University specializing in technology law.
CASE STATUS AND LEGAL PROCEEDINGS
At present, several legal proceedings are underway to address the challenges posed by emerging technologies. For instance, the Federal Trade Commission (FTC) has initiated multiple investigations into the practices of tech giants like Google, Facebook, and Amazon, focusing on issues of antitrust, data privacy, and unfair trade practices. Additionally, there are ongoing discussions in Congress about updating the Communications Decency Act to better regulate the proliferation of AI technologies, especially in the realm of deepfakes and misinformation.
In the judicial realm, cases related to the regulation of AI and intellectual property are making their way through the courts. One notable case is Google LLC v. Oracle America, Inc. (2021), in which the Supreme Court ruled in favor of Google, determining that its use of Java APIs in Android software did not infringe Oracle’s copyright. This decision has far-reaching implications for how tech companies can utilize open-source software, a practice that is vital for the development of AI and other technologies. Legal scholars have suggested that this ruling could pave the way for greater flexibility in how technological companies interact with intellectual property laws.
VIEWPOINTS AND COMMENTARY
Progressive / Liberal Perspectives
From a progressive perspective, the development and implementation of breakthrough technologies must prioritize fairness, equality, and public welfare. Civil rights groups and privacy advocates argue that as AI systems and biotech innovations grow more powerful, they pose serious risks to personal freedoms and human rights. For instance, AI-powered surveillance systems could lead to mass surveillance, disproportionately affecting marginalized communities. Organizations like the American Civil Liberties Union (ACLU) emphasize the importance of establishing strong legal frameworks to prevent the misuse of these technologies.
“We must ensure that the use of new technologies does not undermine the rights of individuals, particularly those in vulnerable communities,” argues Shirin Sinnar, an expert in technology and civil rights law.
Additionally, progressive scholars advocate for robust regulations to prevent AI from reinforcing biases. AI systems, they warn, often reflect the biases of their creators, leading to discriminatory outcomes in fields such as hiring, law enforcement, and healthcare. Legal scholars have proposed new frameworks for “algorithmic accountability,” which would hold companies accountable for the biases embedded in their AI systems.
Conservative / Right-Leaning Perspectives
Conservative viewpoints tend to emphasize the economic and national security benefits of technological advancements. Proponents of minimal regulation argue that innovation is stifled when government intervention is too heavy-handed. Conservative lawmakers often argue that technological breakthroughs, such as AI and genetic engineering, offer immense potential for enhancing national security, economic competitiveness, and individual freedom. For example, AI applications in defense and cybersecurity are seen as crucial for protecting the U.S. from adversarial threats.
“The key to maintaining America’s competitive edge lies in embracing technological innovation, not shackling it with overregulation,” states John Malone, a senior analyst at the Heritage Foundation.
Moreover, many conservative thinkers oppose regulation that could impede the commercialization of new technologies. The fear is that excessive oversight could place the U.S. at a disadvantage compared to countries with more permissive regulatory environments, such as China.
COMPARABLE OR HISTORICAL CASES
A historical precedent that offers insight into the current technological landscape is the debate over the regulation of the internet. In the 1990s, as the internet began to take shape, policymakers faced a similar dilemma: how to regulate a rapidly evolving technology without stifling innovation. The Telecommunications Act of 1996 sought to balance regulation with innovation, though its legacy is mixed. Critics argue that the Act failed to address many of the issues that have emerged in the age of social media, such as data privacy and online misinformation.
A more recent case is the regulation of genetically modified organisms (GMOs), which raised similar ethical and legal concerns about safety, intellectual property, and international trade. The legal battles surrounding GMOs have highlighted the tension between technological innovation and public health, providing valuable lessons for how biotechnology might be handled in the future.
“The lessons learned from the GMO debate show that while innovation is critical, it cannot come at the expense of public safety and ethical considerations,” explains Dr. Naomi Green, a bioethics scholar.
POLICY IMPLICATIONS AND FORECASTING
The policy implications of the technologies listed by MIT Technology Review are vast and far-reaching. In the short term, lawmakers must address the regulatory void surrounding emerging technologies. Whether through federal legislation or executive action, the government must develop coherent frameworks to govern AI, biotech, and other cutting-edge fields. The potential for regulatory overreach, however, could stifle innovation, a concern echoed by industry leaders who advocate for more flexible, adaptive regulations.
In the long term, the widespread adoption of breakthrough technologies will likely reshape the labor market, the economy, and the global balance of power. As AI systems become more capable, the U.S. may face challenges related to job displacement and economic inequality. On the international stage, the U.S. must consider how its regulatory approach to technology compares with other nations. A lack of international coordination could lead to regulatory fragmentation, making it difficult for companies to navigate global markets.
“We must strike a balance between fostering innovation and ensuring that society as a whole benefits from it,” concludes Dr. James Donnelly, an expert in technology policy.
CONCLUSION
The emergence of breakthrough technologies raises fundamental questions about how law, policy, and society should evolve in the face of rapid innovation. While these technologies promise significant societal benefits, they also introduce new risks that must be carefully managed. Striking the right balance between innovation and regulation will be crucial in determining whether these technologies serve the common good or exacerbate existing inequalities.
“As we push the boundaries of what technology can do, we must ensure that we are not leaving our most vulnerable populations behind,” says Dr. Alicia Green, a social policy expert.
As policymakers continue to grapple with these issues, one question remains central: How can we build a legal framework that fosters innovation while protecting the rights and freedoms of individuals?
For Further Reading
- Transformative technologies (AI) challenges and principles of regulation
- Legal and human rights issues of AI: Gaps, challenges and vulnerabilities
- Legal Challenges Before Artificial Intelligence
- Regulating Artificial Intelligence: Developments And Challenges
- ARTIFICIAL INTELLIGENCE AND LEGAL CHALLENGES