Navigating the Future: How Emerging Technologies Are Impacting the Legal Landscape

Artificial intelligence (AI), blockchain and rapidly evolving cybersecurity threats are not just changing daily operations—they are transforming legal risk. From data privacy and discrimination to authorship and liability, emerging technologies are testing the limits of traditional legal frameworks.

As AI-related incidents and high-profile data breaches make headlines, regulators, courts and companies are all grappling with the same question: How should the law respond?^1,2 The future of technology law will depend on professionals who understand both the underlying technologies and the legal rules that govern them.

This post explores how trends in AI, machine learning and cybersecurity are reshaping the legal landscape and why literacy around these issues matters for lawyers and non-lawyers alike.

AI and Machine Learning in the Legal World

New forms of AI are changing how the public, organizations and governments use and view technology, which raises several issues and questions.

AI and Data Privacy

AI solutions rely on data for training, and much of that information is sensitive and may come from public sources, such as social media.³ Other data may include information regarding healthcare, finances or biometrics.³ In many jurisdictions, this type of information is protected by data privacy and consumer protection laws, which set rules for how organizations can collect, use and share it. However, some users claim organizations have used data in a dataset without permission.³

For legal and compliance professionals, the key questions are: Was valid consent obtained? Is the use of data for AI training compatible with the original purpose for which it was collected? And how should organizations respond when individuals assert rights to access, correct or delete data that has already been used to train AI models?

Bias and Algorithms

When it comes to AI and law, a lack of transparency and accountability for algorithms is a major concern. AI-based tools can open up organizations to discrimination suits or claims related to unfair trade practices or violations of civil rights laws. In one headline case, patients filed a lawsuit against UnitedHealth, alleging the company used an AI tool to discriminatorily deny insurance claims.⁴ The tool identified patients likely to cost the company more, including older adults and people with disabilities, and routinely denied claims without physician oversight.⁴

Ownership and Authorship

As AI tools access and generate content, questions around ownership and intellectual property rights become more complex. Namely, who owns the dataset? Can it be owned if it is a collection of other people’s public data? Is AI-generated content protected by copyright, and if so, who is the author?⁵

Lawyers who specialize in technology, copyright and intellectual property law are helping organizations draft clearer contracts around data use, address infringement risks and interpret emerging case law on AI-generated works.

Regulatory and Ethical Challenges

The rapid evolution and widespread adoption of AI have outpaced the development of regulatory frameworks. As a result, governments are often left responding reactively to emerging risks and face challenges in determining how best to align AI innovation with legal and ethical standards.⁶

Some data privacy laws require data to be used for the original collection purpose, but AI tools and the application of AI may conflict with these laws.⁶ It’s challenging to know which data AI solutions need and which ones it doesn’t, inadvertently leading to noncompliance and violation of rights.⁶

Cybersecurity and Data Protection as Legal Boundaries

As technology advances, digital security and data protection are moving to the center of legal strategy. High-profile cyber incidents and data breaches have pushed lawmakers and regulators to reconsider how existing laws apply to AI systems, critical infrastructure and cross-border data flows.

Federal policymakers have proposed various frameworks for responsible AI and data privacy, but comprehensive legislation remains uncertain, leaving much of the practical guidance to agencies, courts and state legislatures.⁷ For legal and compliance professionals, this patchwork of rules creates ongoing questions about jurisdiction, incident-response obligations and liability.

This shifting legal landscape and cybersecurity law trends underscore the need for professionals who can interpret new guidance, monitor evolving standards and translate technical risks into legal and regulatory obligations.

Enhancing Legal Fluency in a Digital Economy

The future of technology law is not just a concern for lawyers. Professionals in technology, healthcare, finance, government and other sectors increasingly need to understand how AI and cybersecurity issues intersect with data privacy, regulatory compliance and risk management.

The online Master of Legal Studies (MLS) in Law with a concentration in Law and Emerging Technologies through William & Mary Law School is designed for non-lawyers who want to build that legal fluency. Students explore legal and regulatory concepts with a diverse faculty of practicing lawyers and doctorally trained professors.

In as few as two years, you can earn your online MLS and learn to apply legal concepts to better position yourself to lead conversations and make decisions about emerging technology and legal risk at your organization. Apply lessons directly to your current role or build the skills required to advance into a new career.

Contact an admissions outreach advisor to learn more about how to apply.