How Technologists Can Aid State Regulators and Enforcers

The Need for Technologists in Regulation

• 💡 Regulators often face complex technical systems where answers to crucial questions are embedded, requiring specialized expertise like the ability to read source code or test machine learning models.
• ⚠️ Without in-house technical staff, regulators risk entrenching problematic patterns, as seen with the delayed response to early Web 2.0 technologies.
• 🎯 Technologists can help bridge the gap, ensuring regulators can effectively investigate, understand market dynamics, and design appropriate remedies.

Functions of Technologists in Enforcement

• 🔍 Technologists are vital for data acquisition, moving beyond simple sampling to acquiring comprehensive datasets for investigations.
• 🛠️ They can assist in implementing government programs, such as improving systems for public reporting of antitrust violations or consumer complaints.
• ✍️ In policy development, technologists help create clear, actionable rules that startups can follow, preventing overly complex regulations that only benefit large firms.
• 📈 They can also lead technology modernization plans for agencies, enhancing their capacity to handle data-intensive cases in an increasingly digital world.

Key Skills and Contributions

• 🧩 Technologists bring diverse skills, including understanding product management, design methodologies, and A/B testing, to analyze how products are produced, not just what is produced.
• 🗣️ A critical function is decoding tech jargon, enabling clearer communication and more effective document requests from regulated entities.
• 🧠 They help identify and counter "BS" tactics used in sales presentations or to obscure conduct, empowering government teams to ask better follow-up questions.
• 🚀 Technologists can also help discover potential cases by identifying systemic issues, rather than relying solely on individual complaints.

Bridging the Communication Gap

• 💬 Technologists must learn to communicate core intuitions to non-technical audiences, focusing on relevance rather than technical minutiae.
• 🤝 They need to actively encourage dialogue, prompting others to confirm understanding and ask clarifying questions, as this is not always a natural norm for legal professionals.
• 🔄 This involves code-switching and adapting language to ensure effective collaboration between technical and legal/policy teams.

Attracting Technologists to Public Service

• 🌟 Many technologists are desperate to do impactful work that benefits the public, such as protecting consumers or defending civil rights, finding it more fulfilling than some private sector roles.
• 🎯 The draw of making a positive difference for Americans is a powerful motivator, even if salaries are not as high as in the private sector.
• 💰 While government salaries may not compete directly, technologists are cost-efficient and deliver significant value, making them a worthwhile investment.

AI and the Regulatory Frontier

• 🤖 With the rapid development of generative AI and large language models, regulators are at a disadvantage without in-house technical expertise to understand these systems.
• ⚠️ Regulators must avoid repeating past mistakes of delaying action on new technologies, as this can lead to entrenched problematic or illegal practices.
• 📞 Proactive steps include integrating technologists into enforcement teams, creating job openings, and fostering collaboration with universities to understand AI's intersection with regulatory mandates.

A Call for Resources

• 💰 The primary recommendation for policymakers is to resource enforcement teams with in-house technologists, as this is more cost-effective than facing well-funded corporations without technical support.
• 🗺️ It's important to think broadly about where technologists can contribute, as their roles can extend beyond initial expectations to organizational modernization and strategic planning.