Digital Entropy: Making Sense of the Disorder in Privacy, AI Governance, and Cybersecurity Law

• J. Trevor Hughes
• David Botero

Entropy is a term that emerges from the laws of thermodynamics, associated with a state of disorder. Broadly, the theory of entropy suggests that disorder increases over time. Unchecked or unmanaged, entropy begets more entropy. Throughout history, the speed and variety of ways in which new technologies are developed, integrated and deployed make for transformative and often destabilizing impacts to our societies and economies. This rapid change leaves lawmakers and regulators in a difficult position as they attempt to regulate technologies prospectively, often without staff yet trained in the new innovation. Further, policymakers are often placed in the conflicted posture of supporting technological innovation and growth, while at the same time creating effective guardrails to guide the safe use of a new technology. Put simply, technological innovation engenders entropy. Existing norms can be challenged. Traditional economic forces can be redirected. The institutions and structures that gird our societies can be brought down with astonishing speed.