As lawyers involved in telecom, media, and technology work, we’re always thinking not just about where the law is today, but where it’s going. Critical to that analysis is an understanding of how the information and communication technology (ICT) industry is changing, what innovations and paradigm shifts are coming, and what those developments might mean for legal frameworks that currently govern our industry.
That’s one reason I love attending tech-focused conferences like #MWC22: the chance to hear from experts, industry disruptors, and thought leaders about the change happening within – and because of – our industry. On Day 2 of this year’s MWC, the “Everything Policy” track and other conference programming put a bright spotlight on technological advancements and thinking about the future. While many of the speakers focused on innovations themselves, and how those changes present new opportunities for telecom and tech companies like our clients at Wiley, my focus was on what What these developments can mean from a legal and policy perspective.
Here are just a few of the innovations, trends, developments, and predictions that got my legal wheels turning this week:
- A shift towards business networks and partnerships. In the Day 2 morning Keynote, @AWSAdolfo Hernandez identified several relevant trends: growing consumer demand for private 5G networks, and the great opportunity for partnerships between telecommunications companies and enterprise customers. Hernandez cited market estimates that business use will comprise anywhere from 25-50% of the $5.6 trillion ICT industry. However, he said, enterprise customers don’t want standardized, cookie-cutter telecommunications services, but rather partnership and innovation. @ServiceNowChris Bauschka of Chris Bauschka emphasized this point on the Technology Shaping Our Future panel, explaining that to actually get the most out of 5G, “it will take more than connectivity” – telecommunications providers will need to solve the business problems with innovative solutions, and to create ecosystems with those business partners. Speakers in both these sessions highlighted the many existing and future use cases of these partnerships, including smart stadiums with optimized mobile payments and ticketing as well as more advanced offerings such as real-time game analytics in augmented reality (AR); advanced transportation hubs; and extensive service offerings in growing areas such as mobile gaming and social media, to name a few.
So, what does this mean from a legal perspective? A few things come to mind. First, if the future features mass adoption of private next-generation networks by private companies, but end users rely on those networks to access real-world businesses and experiences, the Does the private carriage / common carriage paradigm that has long dominated the telecommunications regulatory space continue to provide the right frame of thinking for regulatory obligations? Second, if telecommunications companies expand their capabilities beyond connectivity to meet different business needs, will my clients be subject to additional regulatory frameworks and legal obligations?
Adolfo Hernandez discusses the range of 5G use cases made possible by partnerships between service providers and enterprise customers.
- Augmented reality is becoming actual reality. During the Day 2 sessions, speakers highlighted the extent to which advances in technology and connectivity are converging on a new reality. Keynote speaker Zach Katz of @FaZeClan and panelists @MetaNoah Choi highlights the extent to which modern entertainment is interactive, whether it’s gaming (which is a bigger industry than the music and film industries combined!) or content creation, a new entertainment paradigm where individuals thrive that creators and fans seek to interact with. instead of passively watching the content. Choi, as well as Keynote speaker Alex Barkaloff of @XLA, heralded the social and economic promise of the metaverse (or for Barkaloff, metaverses, plural). Panelist Mischa Dohler of @Ericsson discussed the way in which technologies such as 3D lightfields, haptic wearables, and smart contact lenses will completely change our perception of reality. And Beverly Rider of @NEOM (whose mission includes building the ambitious OXAGON, a sustainable city the size of Belgium floating on the Red Sea) emphasized the need for “smart” technology to transform into “cognitive” technology, which means connected IoT products, sensors, and more. Solutions are not just tools at our disposal but the fabric of our daily lives.
The idea of living in a fundamentally different, technologically-transformed reality raises more legal issues than I can possibly address here (and I’m sure my colleagues engaged in privacy, fintech, and cybersecurity work have plenty to say in this topic). But one area heavily involved in these developments is accessibility to technology. Indeed, it is an open question in the courts whether even a basic website is subject to the Americans with Disabilities Act (ADA) as a “place” of public accommodation; how about a completely virtual place? And under the Communications and Video Accessibility Act (CVAA), an accessibility statute administered by the Federal Communications Commission (FCC), the most “advanced” technology included in the definition of “advanced communications services” is interoperable video conferencing. As AR continues to advance, it will be critical to consider how accessibility legislation should be adapted to ensure that everyone can navigate our new reality.
Meta’s Noah Choi gives part of his presentation from the Metaverse.
- Spectrum demand. The need for spectrum to keep pace with technological progress is by no means a new phenomenon. However, new technology brings a new iteration of that old problem. Several panelists and speakers emphasized the enormous amount of data transmission that emerging, expected, and aspirational technologies will require. As my colleague Scott Delacourt said in his blog post on 5G takeaways from Day 1 of MWC, “the spectrum coffers are empty. The spectrum pipeline needs replenishment and there is an urgent need for renewed authority to auction the FCC and identify frequency bands to fill the spectrum pipeline for the next 10 years.” Long-term thinking on spectrum and other potential barriers to technological development and deployment will be critical to realizing the bright future envisioned by MWC leaders.
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