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Which generation decides how technology will advance?

By Eric J. Sinrod
December 29, 2004
USAToday.com

Which generation decides how technology will advance?

By Eric J. Sinrod
December 29, 2004
USAToday.com

Read below

We now are at another year's end. Looking back, we see once again that while technological advances move forward at times at warp speed, the law struggles to catch up. The focus of this week's column is to raise a particular generational issue when it comes to the legal regulation of technological innovation.

Technological innovation at first is an unbridled force, exploding on the scene and in the context of pre-existing laws that do not always fully envision and encompass the newly arriving technology.

The point of this column is not to survey the various technological advances and resulting legal developments of 2004. To get a sense of those advances and developments, please go to my Web site, where my prior columns are posted.

Rather, the narrow focus of this week's column is to raise a particular generational issue when it comes to the legal regulation of technological innovation.

Often, and especially when it comes to the Internet, innovations and advances are created by young adults, and sometimes even by teenagers and children. There can be little doubt that children, teenagers and young adults, who have spent relatively more of their lives than older generations in the new information technological age, are tremendous users and beneficiaries of innovations.

But as the law grapples with regulation of technological advances, generally speaking, much older legislators and judges are called upon to make important decisions as to where the law should go and what it should provide.

For example, the Supreme Court currently is populated with justices who are in their 60's, 70s, and 80's. During the vast majority of their lives, the Internet was not on the scene as a commercial medium.

While President Bush likely will appoint several new members to the Supreme Court during his next term, and while legislators frequently stand for re-election, it is unlikely that we will see very young justices or legislators taking office. At least historically, it takes many years to develop judicial, political, party and/or sufficient economic clout for an individual to rise to true judicial and political leadership positions.

Whose knows? Perhaps at least in the political context, the ability of the Internet to allow individuals to convey their messages to millions of others at little cost may some day change the rules of the game in terms of obtaining political office. But that day probably is not upon us.

Until then, it likely will remain the case that the older generation will continue to decide how the law will regulate technological innovation. That generation should be careful to listen to younger generations in so doing, as the youth often knows the technology better and it is they who will live with it longer into the future. Children, teach your parents well!

Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at . To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to .

Reprinted here with permission from USAToday.com.