Innovation policy vacuum: Navigating unmarked paths

Technology innovation enables the adoption of practices at a much faster pace than society codifies norms and adopts policies for its appropriate use. Sometimes what an organization “can do” is not what the organization “ought to do.” The gap between a practice made possible by innovation and the lagging expressed norms creates a policy vacuum. The actions of Google, Apple, and others have been widely reported and often challenged, yet many times these actions are not in violation of laws. Even when the conduct is “legal”, the strong public reaction indicates that the practice crosses some line. This paper explores how a deeper analysis of unexpressed norms – hypernorms, unexpressed social norms, cultural values, and the spirit of the law – provides direction through the perceived policy vacuum. We compare the traditional approach to policy vacuum analysis focused on expressed norms, with the broader approach comparing Germany’s and the United States’ norms of privacy. The comparison reveals that the perceived policy vacuums are navigable when the organization intentionally identifies relevant social norms and cultural values.