Much of my recent research and writing has been focused on the contrast between “permissionless innovation” (the notion that innovation should generally be allowed by default) versus its antithesis, the “precautionary principle” (the idea that new innovations should be discouraged or even disallowed until their developers can prove that they won’t cause any harms). I have discussed this dichotomy in three recent law review articles, a couple of major agency filings, and several blog posts. Those essays are listed at the end of this post.
In this essay, I want to discuss a recent speech by Federal Trade Commission (FTC) Chairwoman Edith Ramirez and show how precautionary principle thinking is increasingly creeping into modern information technology policy discussions, prompted by the various privacy concerns surrounding “big data” and the “Internet of Things” among other information innovations and digital developments.
First, let me recap the core argument I make in my recent articles and filings. It can be summarized as follows: Continue reading →