Skip to content

The Growing Complexity of Digital Economies over the GenAI Waterfall: Challenges and Policy Implications

Volker Stocker
Managing Director, Scientific Institute for Infrastructure and Communication Services (WIK)

William Lehr
Research Affiliate, MIT Computer Science and Artificial Intelligence Laboratory

Published
30 May 2025

Cite as Stocker, Volker, and William Lehr. “The Growing Complexity of Digital Economies over the GenAI Waterfall: Challenges and Policy Implications.” Network Law Review, Spring 2025, 45–63. https://www.networklawreview.org/stocker-lehr-ecosystem/.

Download PDF Add to your library

Abstract

The GenAI genie is out of the bottle. AI, and its vanguard GenAI, is a change agent that profoundly impacts the global transition to a digital economy. GenAI is already percolating through businesses and tasks, transforming how we create, innovate, and consume content (information), products, and services. Being deployed more widely across all layers and components of value chains, it brings new affordances that have transformed (or are slated to transform) nearly all conceivable social and economic contexts. Changes will affect online and offline worlds directly and indirectly. Users of AI models, tools, and services have been interacting with GenAI for some time already, but the indirect effects of GenAI are inherently less obvious and harder to assess, especially at this early stage. End users are often unaware of how the products and services they use are produced, and even for domain experts, the challenge of assessing the social and economic impact of ICTs has always proved difficult. Those challenges will only become more challenging with GenAI because its ability to operate in the background (a direct result of automation) means that many of those affected by GenAI will be unaware that—or how—GenAI is already impacting them.

In this article, we examine emerging policy challenges in two interrelated areas: the growing complexity of technical and business relationships in AI-driven digital ecosystems and changing concerns about asymmetric information and transparency. While GenAI should be viewed as part of a broader trajectory of ICT-based automation, our aim is to highlight how and why GenAI-related policy challenges differ. Although we cannot predict with any precision the post-waterfall future, it is clear that GenAI will be part of the landscape and will be a tool policymakers will need to use to address the future challenges. That makes two requirements for future policymaking clear. We need a much better and more capable multi-stakeholder measurement ecosystem, and we need to strengthen policymakers’ human multidisciplinary institutional capacity.

The Network Law Review is pleased to present you with a special issue curated by the Dynamic Competition Initiative (“DCI”). Co-sponsored by UC Berkeley and the EUI, the DCI seeks to develop and advance innovation-based dynamic competition theories, tools, and policy processes adapted to the nature and pace of innovation in the 21st century. This special issue brings together contributions from speakers and panelists who participated in DCI’s second annual conference in October 2024. This article is authored by Volker Stocker, economist who has been leading the multidisciplinary research group “Digital Economy, Internet Ecosystem, and Internet Policy” at the Weizenbaum Institute , and William Lehr, an MIT telecommunications and Internet industry economist.


1. Introduction

The GenAI genie is out of the bottle. AI, and its vanguard GenAI, is a change agent that profoundly impacts the global transition to a digital economy. Encompassing an evolving set of models, applications, and tools, GenAI offers unprecedented potential for adaptation and enhanced agentic potential. Its ability for automated self-improvement and potential to access and act upon new and real-time insights from unstructured data significantly expand the range of tasks amenable to digital automation.

GenAI is already percolating through businesses and tasks, transforming how we create, innovate, and consume content (information), products, and services.1 Being deployed more widely across all layers and components of value chains, it brings new affordances that have transformed (or are slated to transform) nearly all conceivable social and economic contexts. Changes will affect online and offline worlds directly and indirectly. Users of AI models, tools, and services have been interacting with GenAI for some time already, but the indirect effects of GenAI are inherently less obvious and harder to assess, especially at this early stage. End users are often unaware of how the products and services they use are produced, and even for domain experts, the challenge of assessing the social and economic impact of ICTs has always proved difficult.2 Those challenges will only become more challenging with GenAI because its ability to operate in the background (a direct result of automation) means that many of those affected by GenAI will be unaware that—or how—GenAI is already impacting them.

All of this adds to the recognition that the locus of digital technology-driven change is distributed and diffused. Adding the opacity of AI systems to the picture further amplifies the fundamental information and measurement challenges. Taken together, it is reasonable to assume that we are approaching an inflection point in human and economic history, a potential Fourth Industrial Revolution.3 This inflection point can be described as a ‘waterfall moment’—we see the falls but have no anticipation of what comes after it, how deep the fall is, and so on. Despite this considerable uncertainty characterized by ‘known unknowns’ and ‘unknowables’, it is worth considering what this means for GenAI policymaking, a question we explored in greater detail elsewhere.4

In this article, we expand on this work by examining emerging policy challenges in two interrelated areas: the growing complexity of technical and business relationships in AI-driven digital ecosystems and changing concerns about asymmetric information and transparency. While GenAI should be viewed as part of a broader trajectory of ICT-based automation, our aim is to highlight how and why GenAI-related policy challenges differ. Although we cannot predict with any precision the post-waterfall future, it is clear that GenAI will be part of the landscape and will be a tool policymakers will need to use to address the future challenges. That makes two requirements for future policymaking clear. We need a much better and more capable multi-stakeholder measurement ecosystem, and we need to strengthen policymakers’ human multidisciplinary institutional capacity.

2. The Growing Complexity of AI-driven Digital Ecosystems

Digital ecosystems are in flux. Digital technologies have been evolving rapidly, but so too have the business models, industry structures, and markets that provide and depend on those technologies. This is well-known and has informed various policies and regulations governing digital technologies and platforms. The progress toward GenAI amplifies and accelerates the disruptive potential of digital systems and the regulatory policy challenges those give rise to. It is a force-multiplier.

To address those challenges, a necessary first step is to acknowledge that service provision in today’s increasingly digital economy is based on a complex and evolving fabric of interconnected and complementary resources, or collectively, digital infrastructures. These include networked computing and communications resources and data that are organized into complex and overlapping stacks of hardware and software platforms.5

Many of those resources are owned, managed, and controlled by different entities, which have imperfectly aligned and sometimes opposing interests.6 AI technologies offer novel options for provisioning almost everything as a service (XaaS).7 Enabled by softwarization and modularization, AI has enhanced the options to seamlessly combine (i.e., mix-and-match) these resources, rendering industry value chains and system architectures more fluid and dynamically changeable. That implies changing dependencies and more complex inter-dependencies within and across firms and industries. These may not be always apparent or visible8 and further defy traditional efforts in economics to define clear boundaries between industries and markets or to classify inter-firm relations as vertical or horizontal. A first insight is that this calls for a more nuanced model of co-opetition rather than competition or coordination in the traditional sense.9

These developments have been coming for a long time. Well before ChatGPT ushered in mass recognition of the GenAI future in November 2022, leading tech firms like Google, Amazon, Microsoft, and Apple have been investing in digital infrastructures and developed multi-layered ecosystems that span various layers of service and network platforms.10Key elements of each of these ecosystems are highly manageable, extensible, and scalable ‘infrastructure substrates’ comprised of digital infrastructure resources that have supported the development and delivery of a widening variety of services. These make possible the rise of pervasive computing, where distributed sensing (IoT), communications (wireless everywhere) and robotic automation (actuators, computer vision, etc.) enshroud us in a digitally augmented world. A future where everything may be connectable to and augmented by digital technologies, often without direct human attention or even awareness, is coming. The capabilities of AI are determined by this infrastructure substrate, which in turn shapes AI’s potential for use and innovation, creating feedback loops that lead to further enhancements in the substrate. Investment, innovation spillovers, and feedback loops shape the trajectory of AI-driven ecosystems.11

In view of these co-dependencies, it is hardly surprising that leading tech platforms have emerged as key players in the GenAI sphere.12 Tech giants are engaged in a corporate arms race for AI supremacy, with several companies (e.g., from the US13 and China14) investing heavily in acquiring, building, and developing essential resources like data centers, AI chips, and AI models. A wave of novel collaborations and partnerships between leading tech companies and AI firms (e.g., providers of foundation models) have accompanied these investments. As a CMA report from 202415 showed, many of the leading tech companies now have multiple AI partners. Moreover, many companies are additionally building, developing, and using their own AI tools and resources.16 A second insight is that these developments emphasize the fluidity and complexity of the technical and business relationship fabric that underlies AI-driven digital ecosystems.

The launch of DeepSeek’s low-resource and low-cost R1 model and the shock wave it sent caused stock market prices of several key AI players,17 including AI chip giant NVIDIA, to plummet. While DeepSeek was reported to have fueled a rebound effect that boosted demand for NVIDIA chips,18 the launch of xAI’s Grok 3—a model that has garnered much attention as it was reportedly trained on the company’s Colossus supercluster (which offers up to 200,000 GPUs)19 and immediately ranked among the top-performing AI models—arguably sent the opposite signal.20 A third insight is that these developments, the continuous improvements of existing models (i.e., new releases and versions (including reasoning models) by players like OpenAI, Anthropic, Google, or Meta, but also DeepSeek and Alibaba Cloud),21 the rapidly growing variety of ‘open source’ models,22 and the fact that leading players like Google,23 OpenAI,24 Microsoft,25 Amazon,26 and others27 are ushering in the ‘agentic era’28 indicate that the future of GenAI is both highly uncertain and dynamic.29

As the above shows, the rise of GenAI as an engine for the Fourth Industrial Revolution further accelerates, complexifies, and renders more dynamic the interdependencies, competition challenges, and fluidity of industry relationships in the ICT sector. It may alter the power dynamics between ecosystem stakeholders (e.g., providers of telecoms infrastructure, cloud infrastructure, AI foundation models, and AI enhancements) and increase the prevalence of unintended consequences associated with ‘waterbed effects.’30 With GenAI, those effects are not limited to the ICT sectors that provide the infrastructure but impact wider parts of the (global) economy.

That being said, the co-opetition dynamics and the implications of those for contestability at different levels31 are harder to assess or manage with existing policy tools and institutions. Indeed, policymakers are challenged to identify appropriate interventions and organize consensus on how to implement them in ways that do not create problems that are worse than the ones they sought to mitigate.32 We need to acknowledge the inherent second-best efficiency of government interventions and the infeasibility of government micro-management outperforming market-competition directed industrial performance. At most, regulators can aspire to framing ex-ante guardrails and more targeted ex-post regulatory interventions to try and manage competition and remedy any market failures.

The key ecosystems contending for GenAI relevance, if not dominance, are global. The key technologies are software or algorithm based, and those are geographically footloose and increasingly difficult to regulate on any sovereign basis. Coordinating international policy interests is challenged by the divergent alignment of the ecosystems with national interests that are not collectively aligned. Each nation recognizes the risks of being left behind and some more than others see hope in potentially leading in the race to the digital future. This is illustrated by the significant support and investments national governments are devoting to AI development and industrial policy initiatives. For example, in the first two months of 2025, the US announced the 500 billion USD Stargate33 joint venture and the EU its 200 billion EUR InvestAI34 initiative. Amidst these initiatives, geopolitical tensions35 surrounding AI supremacy and tech regulation grow,36 with AI safety concerns looming larger.

3. Revisiting Asymmetric Information Challenges in the GenAI Era

If managing digital automation was a difficult problem before GenAI, it is a much more difficult challenge going forward. As the options for transferring agency and control to digital systems expand, these systems must be more directly involved in the management challenge. The future of the digital economy in the GenAI era will require using GenAI to oversee GenAI and coordinate human responses globally. If the model for effective policymaking in a complex society or nation-state aspires to the principles of sound Evidence-Based Decision Making (EBDM), that already difficult challenge becomes even more complex in a world of GenAI, especially if we want to keep humans in the loop.37

Beyond calling attention to this looming (maybe already too late) challenge, we want to be clear that neither we nor anyone else has a clear roadmap to direct an effective policy approach. Even if we could agree on the optimal legislative or regulatory policy frameworks or rules—whether ex ante or ex post—to govern GenAI, implementing and enforcing those rules will be extremely difficult. And, we see no general consensus on what regulatory interventions are needed or desirable, but hiding our heads in the sand is also not an option.

At a minimum, we offer thoughts about some first necessary steps. These include building the sort of measurement ecosystem that the GenAI future will require, as well as the (human) multidisciplinary institutional capacity required to interact with the measurement ecosystem.

To realize the potential of GenAI and to manage it effectively —regardless of who is in charge, whether policymakers, companies, or individual end-users—a much more advanced measurement ecosystem38 offering the capability for much more granular and detailed data collection, management, and interpretation (at scale) is needed. Only then can users be empowered to make informed decisions and GenAI be effectively used, managed, and regulated.

While much of this was true about ICTs before AI, the information needs and the challenges addressing those needs present in AI-driven ecosystems are more intense. As the scale and scope of content and product creation has already been expanded tremendously—just think about the glut of fake content that a single end user can already produce with limited skills and resources—so too has the potential (or even ability) to (mass) customize AI model outputs in real-time. Information needs change for all stakeholders, and measurement challenges must be addressed to enable informed decisions. In the following, we illustrate this based on two sets of issues.

Beware of AI Black Boxes and the Many Shades of Openness

A first set of issues relates to AI opacity and openness. AI systems rely on models built on neural networks and deep learning—technologies that are known to create explainability and auditing challenges.39 This is also true for GenAI and is arguably aggravated by agentic AI and workflows where (several) AI systems act (interact) autonomously.40Expanded options for human-AI collaborations and AI-to-AI interactions potentially offer many benefits, yet they come at the cost of transparency challenges.

When discussing AI transparency, examining foundation models is beneficial. Notably, the Foundation Model Transparency Index41 has indicated that several widely deployed AI foundation models are significantly opaque regarding various subdomains of transparency, such as data, human labor, compute, model training-related subdomains, and mitigations (e.g., guardrails). Similar issues have been highlighted by the AI Data Transparency Index.42 The transparency challenges examined here are closely intertwined with AI model openness, resulting from entrepreneurial decisions, which create a source of ‘avoidable’ opacity beyond what is inherent to the technology. That being said, contrary to some public discourse that promotes a dichotomy between closed and open models, this issue is not binary. A recent study identified and explored 14 dimensions of model openness. Beyond providing sobering results for leading AI models, it demonstrates that model openness should be characterized as “composite” and “gradient,” emphasizing how a binary understanding of openness can lead to misclassifications and “open-washing.”43 Schrepel and Potts critically review AI model openness, presenting a framework to assess model openness beyond purely technical perspectives. Notably, the authors illustrate how model openness and AI licenses influence competition and innovation.44

A first insight here is that binary discussions of whether AI models are open or closed, biased or unbiased, transparent or opaque seldom capture the dimensions and nuances needed to evaluate them meaningfully. Policies that treat the world as dichotomous are misguided and hardly enforceable because they are overly reductionist, polarizing, and susceptible to strategic circumvention.

A second insight is that the sources cited above point to technical, systematic, and structural hurdles for auditors (including academic researchers) to detect, evaluate, and mitigate the causes of model performance and potentially undesirable outcomes (including biases).45 The costs and benefits of collecting, sharing, and responding to such information at different time-scales vary across stakeholders for the AI systems to operate as expected and desired, which includes complying with industry regulations. It is clear that the providers of the digital infrastructure substrates will be tapping into the expanding (agentic) capabilities of GenAI to acquire the situational awareness needed to operate in the more fluid, dynamic, and complex market environments but with variable success. There is no presumption that industry value chains or platform ecosystem participants will collect or share the information needed for good system-level decision-making, let alone to address the challenges of enforcing digital governance. For instance, platform providers may be held liable for moderating content (e.g., combating fake news or preventing cybercrime), or if exempt from liability, may abuse their tools to modulate and manipulate consumer responses for private rather than their end-users’ or society’s benefit.46 Concurrently, regulators need to monitor and audit markets to detect and enforce violations and to promote industrial policies (e.g., competition, universal accessibility, prohibited use of copyrighted material in training data, etc.). The watchers and the watched do not and should not trust each other without care. Fundamental and strategic asymmetric and imperfect information challenges will persist.

The design and implementation (including enforcement) of digital governance policies depends on stakeholders having the right information, which requires a robust measurement ecosystem. Without the ability to access and act upon timely and accurate market intelligence, key policies and regulations (e.g., the DSA) cannot be effectively enforced. Lastly, without the ability to measure the usage of GenAI and the infrastructure resources it depends on, it will be impossible to effectively govern GenAI’s economic and social impact.47

The GenAI Digital Literacy Conundrum

A second set of issues relates to what can be subsumed under the term ‘GenAI digital literacy’. Here, we adopt a more human-centric perspective to asymmetric information challenges. The latter are aggravated by the fact that many GenAI tools and pre-trained AI models are easy to use and interact with, lowering skill-related adoption and innovation costs and barriers for end-users (e.g., individuals including prosumers as well as companies). On the one hand, the ease of use conceals much of the complexity inherent to these technical systems. While we explained above several transparency challenges, this is arguably causing a mismatch between the ability to use GenAI tools and models and the literacy required to understand these complex technologies fully and use them appropriately.48 The unprecedented pace of AI adoption and technology evolution (as the rise of AI agents demonstrates) further complicates the picture. Beyond privacy and security-related threats, it is hard for end-users to detect growing threats related to deception or manipulation (e.g., via synthetic content scams and fake news), or nudging through selective (i.e., biased) recommendations or AI-driven dark patterns.49 In many contexts, we will directly confront or interact with GenAI tools, fully aware of their involvement. Here, asymmetric information challenges are complex. However, in even more contexts, we may lack this same awareness and will indirectly confront or engage with products, services, and content that may, in some shape or form, be influenced by GenAI.50 Here, the challenges are even more complex.

GenAI systems are designed to be interactive with both the environment and users. Through this interactivity, they derive much of their potential power. Many GenAI tools are responsive and adaptive to user input, but not necessarily in ways that humans may understand or desire. We will illustrate this with a few examples. GenAI tools may be used to extract consumer surplus based on first-degree price discrimination. Additionally, in-context learning enables end-users to customize or personalize GenAI tools (such as ChatGPT) and/or their outputs, whether intentionally or unintentionally.51

The adaptation of AI systems may yield data feedback loops, attracting users, incentivizing engagement, and enabling data network effects through both cross-user learning and within-user learning, customization, and personalization.52This can influence end-user behavior and choices, based on nudging or manipulation,53 as mentioned earlier, and can raise switching costs. For some users, the acquisition of GenAI digital literacy may lower switching costs. For GenAI tools, how they are used may determine which of these countervailing effects will prevail.

From a policy perspective, the growing complexity of digital literacy issues raises questions about what it means to be an informed consumer (or user more broadly) and what measures are necessary to protect them effectively.54

A first insight is that our discussion suggests that information problems distort adoption and usage decisions, thereby affecting market outcomes. As GenAI expands the range of digital automation possibilities across the economy and human activities, it simultaneously lowers and increases literacy requirements in different contexts, with implications for civic and social engagement (informed citizenry) as well as employment options (such as shifting labor market prices due to skill-based changes and ICT capital substituting for human labor, etc.).

A second insight is that asymmetric information challenges evolve and manifest in a personalized manner, making effective auditing not only difficult to scale but also challenging to implement. Without the ability to detect, we cannot act or protect. GenAI-augmented measurement tools need to be available to the industry stakeholders providing the digital infrastructure substrates supporting the GenAI tools, the providers of the GenAI services, the regulatory institutions (both governmental and non-governmental), and the end-users. There is no alternative to a more capable measurement ecosystem.

4. The GenAI Waterfall – Addressing Digital Policy Challenges in the Age of GenAI

Returning to the GenAI ‘waterfall’ moment metaphor, we might ask how far we are from the precipice, whether we can avoid going over the falls, or how high the falls may be. Those are all interesting and important questions, but our focus here is on what policymakers need to do when they do not, or cannot, know the answers to those earlier questions and do not know whether they have the right tools to navigate the falls—but still have the responsibility to steer while going over it. The policy challenges can be divided into three focal areas and challenges: (i) the quality of the ship that is headed over the falls; (ii) the steerage over the falls; and (iii) planning for what to do when the ship emerges from the other side.

I. Pay Attention to the Ship You Are in Going over the Falls

The ship is defined by the status quo world that we find ourselves in. It is characterized by today’s complex mix of digital infrastructures and the industry structures that sustain them. It also includes the legacy regulatory institutions. There is no GenAI without digital infrastructure, and the continued advances in digital infrastructure depend on GenAI. Their joint evolution also implies that the interests of competition authorities and sector-specific infrastructure regulators tasked with industrial policy goals (e.g., universal access to critical digital infrastructures) are inextricably intertwined and co-dependent. If we are going over the falls, we have to temper our policy interventions and evaluate proposed modifications to our ship with respect to how well it will meet the challenges of surviving, recovering, and adapting following a trip over the falls.

II. Steerage Capabilities are Jointly Determined by the Captain, Crew, and the Ship’s Capabilities

We may wish for a better ship before going over the falls, but assuming we have done all we can to ensure the ship is as seaworthy as possible, we will have to rely on the captain and crew to steer the ship. The steerage challenge will call for a mix of muscle memory to stay the course as well as the ability to make whatever (quick) adjustments may be feasible and needed to best navigate the falls. The skill of the captains will need to be matched to the capabilities of the ship, and the desire to implement modifications needs to be balanced against the need to be seaworthy in the event those modifications cannot be successfully implemented before going over the falls. Importantly, if the captain and crew are fighting over how to steer the ship, the lack of consensus may prove disastrous. A captain with a ship with tight but agile controls may be able to effect rapid adjustments. In contrast, a captain with rigid controls may have limited ability to adjust steerage. And, a captain with flaky controls may need to be excessively cautious with steerage. As GenAI capabilities and real-time intelligence about the conditions will vary and remain uncertain and subject to significant information asymmetries, policymakers will need to resist the temptation of back-seat drivers to micro-manage responses, focusing instead on trying to improve the available information and ensuring appropriate guardrails are in place.

III. After the Falls, Policymakers will have an Important Role in Road mapping the Future

Finally, when the ship emerges from the falls, it will need capabilities to coordinate plans for where to go next. That will entail addressing the disruption and disparities in economic impacts resulting from the trip over the falls. For example, the trip over the falls may result in the need to rethink what services ought to be regarded as critical infrastructure and how public efforts to address gaps ought to be refocused. Beneficiaries of pre-falls support and those calling for support reforms may be expected to disagree and resolving those differences will require better ground-truth data on the new status quo. Advances in GenAI can be expected to impact the structure of the value chain relationships influencing calls for regulatory interventions, and the comparative cost/benefit tradeoffs for alternative data or infrastructure provisioning strategies (e.g., public-private partnerships, national-international policy coordination, evaluating market boundaries, etc.).

None of those are easy problems, but it is clear that solving them will require multi-stakeholder engagement. Waterbed effects will require consideration of system-level and component-level interventions; and those will be national and transnational in scope. To improve hopes of successful results, policymakers should aspire to the principles of sound EBDM.55 That requires information, which requires data, and its process and ingestion into the policy-making process. Measurement is the acquisition of that data, and undertaking the requisite measurements will require access to the measurement ecosystem discussed earlier.

Most of the measurement infrastructure and capabilities will be embedded in the digital infrastructures that will make GenAI possible as well as its management. Thus, the future of GenAI and the evolution of the measurement ecosystem and its infrastructure are also inextricably intertwined and co-dependent. For GenAI to realize its full potential, it will need access to the continuous stream of real-time measurements to enable it to learn and respond appropriately to its context. Those measurement capabilities will be embedded in the digital infrastructure that will support the GenAI. That infrastructure comprises the fabric of networked computing and communications, ‘on-demand’ resources provided within and across the interconnected platform ecosystems. The collection, sharing, and processing of the measurements will present a strategic governance challenge. GenAI can be both a tool to assist in addressing that challenge, as well as a demand driver for a solution. Just as there is no GenAI without infrastructure, and (less rather than no) infrastructure without GenAI, there is no GenAI without a measurement ecosystem and (a significantly less capable) measurement ecosystem without GenAI.

All of these GenAI, measurement, and infrastructure entanglements present a Gordian Knot that will require multidisciplinary, multistakeholder engagement to resolve. Policymaking needs to be international and engage a diverse collection of points-of-view across industry sectors, government agencies, and academic disciplines. Solutions will require quick-response action from appropriately skilled teams of lawyers, engineers/technologists, and social scientists (including economists) to make sense of the measurement data. While policymakers may not be able to forecast what the post-falls world will look like, they at least know that they will need more granular, detailed and complex measurements compiled from stakeholders (including GenAI) with imperfectly aligned incentives.

5. Concluding Thoughts

The essence of policy is to effectively shift the status quo toward a desired improvement. While we must acknowledge path dependencies in markets and governance, this requires a comprehensive understanding of the problem that policymakers seek to address. It also requires a clear idea about what would constitute an improvement and a desired future state. Having a better idea of where we are, where we want to go, and some sense of the obstacles and opportunities involved in getting there are essential to crafting appropriate and effective policy interventions. That being said, policies adding friction or grease are likely both needed – friction to move in the direction you want to move from, grease in the direction you want to move toward.

Although we do not see consensus (yet) on what the desired future should be and lack adequate ground-truth understanding of current and near-term-future conditions, we know that an engaged dialog informed by better information (measurement data) than is currently available needs to be part of any path forward. We will also need institutions that are more capable and flexible than the legacy regulatory authorities. However, discarding existing frameworks and starting anew based on a clean slate approach is a bad idea and certainly not the way forward to enable and empower ecosystem stakeholders to effectively navigate towards a desirable digital future.

Potential threats to competition or policy goals in the face of GenAI can change rapidly. Legacy notions of vertical or horizontal competition are outmoded. We need more agile policies. GenAI can help deliver that agility to policymakers and industry stakeholders interested in advancing toward a better future. Yet, GenAI may concurrently serve as a tool for stakeholders seeking to evade regulatory constraints—or worse, derail collective improvement efforts. For example, expanded capabilities that offer more dynamic flexibility that enables XaaS may create new bottlenecks or eliminate old ones. Such challenges bring infrastructure and data policies to the fore and cause them to overlap for GenAI policy. While we know after the falls we will be forced to confront “unknown unknowns” and that the GenAI tools that give rise to the threats of harms will be available to bad actors, unless we work to ensure that policymakers also have access to those tools, the likelihood of bad outcomes will be enhanced. Those bad outcomes may be the result of malicious activity or simply the failure to coordinate. To oppose the bad actors and to coordinate the good actors, a more capable measurement ecosystem is needed. That is true today, before the AI waterfall, but will be even more true after the AI waterfall if humans want to be able to ensure automation keeps humans in the control loop.

As an example of the need for more agile, better-(measurement)-informed policymaking, consider the growing relevance of contestability, which is more important in a world of XaaS where a greater range of infrastructure and resources are shared. Contestability increases the relevance of assessing potential competition and shifts competition policy concerns from ex post reactions to ex ante risk management. In the face of a faster, more complex world, with more distributed innovation enabled by GenAI, asymmetric information challenges will loom larger. While GenAI can accentuate or ameliorate those problems, policymakers will have to cooperate in building the sort of measurement ecosystem that the GenAI future will require. Moreover, they will need the human multidisciplinary institutional capacity that will be required to interact with the measurement ecosystem. As curators, gatekeepers, and regulators, policymakers will need to craft transparency and disclosure policies and invest in government and third-party measurements to sustain a robust and dynamic measurement ecosystem.


References:

Notes

  1. In a joint paper with Zachary Cooper, we described this in the context of the law and economics of copyright in the GenAI era with a focus on music creation. Cooper, Z., Lehr, W.H., & Stocker, V. (2025, 23 January). The New Age: Legal & Economic Challenges to Copyright and Creative Economies in the Era of Generative AI. The Digital Constitutionalist. Available at: https://digi-con.org/the-new-age-legal-economic-challenges-to-copyright-and-creative-economies-in-the-era-of-generative-ai/. See also Cooper, Z. (2024). The AI Authorship Distraction: Why Copyright Should Not Be Dichotomised Based on Generative AI Use. Available at: https://ssrn.com/abstract=4932612.

References

Subscribe to the Network Law Review

Over 18,000 subscribers. Many of our readers are academics, policymakers and enforcers.