What are the aims of technological neutrality?

The aims of technological neutrality and the related concept of functional equivalence could be seen as extensions of a more general goal applicable to any form of regulation; that is, all laws must be drafted at a suitable level of abstraction. In other words, laws must aim to be applicable where such application is desirable, but not applicable where the application is undesirable. Despite this foundation in an indisputable goal of legal drafting, and despite the fact that functional equivalence and technological neutrality have become widespread guiding principles for how legal drafters approach Internet regulation, the two concepts have not been free of criticism. A reason for technological neutrality is to be able to ensure that new laws do not need to be passed every time a new technology is invented. However, technology-neutral language may be used to ignore, willful or not, the challenges, risks, and costs to applying powers to different infrastructures.

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