Over the course of the year, I collect some of my favorite (and least favorite) tech policy essays and put them together in an end-of-year blog post so I will remember notable essays in the future. (Here’s my list from 2013.) Here are some of the best tech policy essays I read in 2014 (in chronological order).
- Joel Mokyr – “The Next Age of Invention,” City Journal, Winter 2014. (An absolutely beautiful refutation of the technological pessimism that haunts our age. Mokry concludes by noting that, “technology will continue to develop and change human life and society at a rate that may well dwarf even the dazzling developments of the twentieth century. Not everyone will like the disruptions that this progress will bring. The concern that what we gain as consumers, viewers, patients, and citizens, we may lose as workers is fair. The fear that this progress will create problems that no one can envisage is equally realistic. Yet technological progress still beats the alternatives; we cannot do without it.” Mokyr followed it up with a terrific August 8 Wall Street Journal oped, “What Today’s Economic Gloomsayers Are Missing.“)
- Michael Moynihan – “Can a Tweet Put You in Prison? It Certainly Will in the UK,” The Daily Beast, January 23, 2014. (Great essay on the right and wrong way to fight online hate. Here’s the kicker: “There is a presumption that ugly ideas are contagious and if the already overburdened police force could only disinfect the Internet, racism would dissipate. This is arrant nonsense.”)
- Hanni Fakhoury – “The U.S. Crackdown on Hackers Is Our New War on Drugs,” Wired, January 23, 2014. (“We shouldn’t let the government’s fear of computers justify disproportionate punishment. . . . It’s time for the government to learn from its failed 20th century experiment over-punishing drugs and start making sensible decisions about high-tech punishment in the 21st century.”)
- Carole Cadwalladr – “Meet Cody Wilson, Creator of the 3D-gun, Anarchist, Libertarian,” Guardian/Observer, February 8, 2014. (Entertaining profile of one of the modern digital age’s most fascinating characters. “There are enough headlines out there which ask: Is Cody Wilson a terrorist? Though my favourite is the one that asks: ‘Cody Wilson: troll, genius, patriot, provocateur, anarchist, attention whore, gun nut or Second Amendment champion.’ Though it could have added, ‘Or b) all of the above?'”)
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Evan Selinger, a super-sharp philosopher of technology up at the Rochester Institute of Technology, is always alerting me to interesting new essays and articles and this week he brought another important piece to my attention. It’s a short new article by Arturo Casadevall, Don Howard, and Michael J. Imperiale, entitled, “The Apocalypse as a Rhetorical Device in the Influenza Virus Gain-of-Function Debate.” The essay touches on something near and dear to my own heart: the misuse of rhetoric in debates over the risk trade-offs associated with new technology and inventions. Casadevall, Howard, and Imperiale seek to “focus on the rhetorical devices used in the debate [over infectious disease experiments] with the hope that an analysis of how the arguments are being framed can help the discussion.”
They note that “humans are notoriously poor at assessing future benefits and risks” and that this makes many people susceptible to rhetorical ploys based on the artificial inflation of risks. Their particular focus in this essay is the debate over so-called “gain-of-function” (GOF) experiments involving influenza virus, but what they have to say here about how rhetoric is being misused in that field is equally applicable to many other fields of science and the policy debates surrounding various issues. The last two paragraphs of their essay are masterful and deserve everyone’s attention: Continue reading →
Last week, it was my pleasure to speak at a Cato Institute event on “The End of Transit and the Beginning of the New Mobility: Policy Implications of Self-Driving Cars.” I followed Cato Institute Senior Fellow Randal O’Toole and Marc Scribner, a Research Fellow at the Competitive Enterprise Institute. They provided a broad and quite excellent overview of all the major issues at play in the debate over driverless cars. I highly recommend you read the excellent papers that Randal and Marc have published on these issues.
My role on the panel was to do a deeper dive into the privacy and security implications of not just the autonomous vehicles of our future, but also the intelligent vehicle technologies of the present. I discussed these issues in greater detail in my recent Mercatus Center working paper, “Removing Roadblocks to Intelligent Vehicles and Driverless Cars,” which was co-authored with Ryan Hagemann. (That article will appear in a forthcoming edition of the Wake Forest Journal of Law & Policy.) I’ve embedded the video of the event down below (my remarks begin at the 38:15 mark) as well as my speaking notes. Again, please consult the longer paper for details.
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If there are two general principles that unify my recent work on technology policy and innovation issues, they would be as follows. To the maximum extent possible:
- We should avoid preemptive and precautionary-based regulatory regimes for new innovation. Instead, our policy default should be innovation allowed (or “permissionless innovation”) and innovators should be considered “innocent until proven guilty” (unless, that is, a thorough benefit-cost analysis has been conducted that documents the clear need for immediate preemptive restraints).
- We should avoid rigid, “top-down” technology-specific or sector-specific regulatory regimes and/or regulatory agencies and instead opt for a broader array of more flexible, “bottom-up” solutions (education, empowerment, social norms, self-regulation, public pressure, etc.) as well as reliance on existing legal systems and standards (torts, product liability, contracts, property rights, etc.).
I was very interested, therefore, to come across two new essays that make opposing arguments and proposals. The first is this recent Slate oped by John Frank Weaver, “We Need to Pass Legislation on Artificial Intelligence Early and Often.” The second is Ryan Calo’s new Brookings Institution white paper, “The Case for a Federal Robotics Commission.”
Weaver argues that new robot technology “is going to develop fast, almost certainly faster than we can legislate it. That’s why we need to get ahead of it now.” In order to preemptively address concerns about new technologies such as driverless cars or commercial drones, “we need to legislate early and often,” Weaver says. Stated differently, Weaver is proposing “precautionary principle”-based regulation of these technologies. The precautionary principle generally refers to the belief that new innovations should be curtailed or disallowed until their developers can prove that they will not cause any harms to individuals, groups, specific entities, cultural norms, or various existing laws, norms, or traditions.
Calo argues that we need “the establishment of a new federal agency to deal with the novel experiences and harms robotics enables” since there exists “distinct but related challenges that would benefit from being examined and treated together.” These issues, he says, “require special expertise to understand and may require investment and coordination to thrive.
I’ll address both Weaver and Calo’s proposals in turn. Continue reading →
How is it that we humans have again and again figured out how to assimilate new technologies into our lives despite how much those technologies “unsettled” so many well-established personal, social, cultural, and legal norms?
In recent years, I’ve spent a fair amount of time thinking through that question in a variety of blog posts (“Are You An Internet Optimist or Pessimist? The Great Debate over Technology’s Impact on Society”), law review articles (“Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle”), opeds (“Why Do We Always Sell the Next Generation Short?”), and books (See chapter 4 of my new book, “Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom”).
It’s fair to say that this issue — how individuals, institutions, and cultures adjust to technological change — has become a personal obsession of mine and it is increasingly the unifying theme of much of my ongoing research agenda. The economic ramifications of technological change are part of this inquiry, of course, but those economic concerns have already been the subject of countless books and essays both today and throughout history. I find that the social issues associated with technological change — including safety, security, and privacy considerations — typically get somewhat less attention, but are equally interesting. That’s why my recent work and my new book narrow the focus to those issues. Continue reading →
My latest law review article is entitled, “Privacy Law’s Precautionary Principle Problem,” and it appears in Vol. 66, No. 2 of the Maine Law Review. You can download the article on my Mercatus Center page, on the Maine Law Review website, or via SSRN. Here’s the abstract for the article:
Privacy law today faces two interrelated problems. The first is an information control problem. Like so many other fields of modern cyberlaw—intellectual property, online safety, cybersecurity, etc.—privacy law is being challenged by intractable Information Age realities. Specifically, it is easier than ever before for information to circulate freely and harder than ever to bottle it up once it is released.
This has not slowed efforts to fashion new rules aimed at bottling up those information flows. If anything, the pace of privacy-related regulatory proposals has been steadily increasing in recent years even as these information control challenges multiply.
This has led to privacy law’s second major problem: the precautionary principle problem. The precautionary principle generally holds that new innovations should be curbed or even forbidden until they are proven safe. Fashioning privacy rules based on precautionary principle reasoning necessitates prophylactic regulation that makes new forms of digital innovation guilty until proven innocent.
This puts privacy law on a collision course with the general freedom to innovate that has thus far powered the Internet revolution, and privacy law threatens to limit innovations consumers have come to expect or even raise prices for services consumers currently receive free of charge. As a result, even if new regulations are pursued or imposed, there will likely be formidable push-back not just from affected industries but also from their consumers.
In light of both these information control and precautionary principle problems, new approaches to privacy protection are necessary. Continue reading →
I’ve spent a lot of time here through the years trying to identify the factors that fuel moral panics and “technopanics.” (Here’s a compendium of the dozens of essays I’ve written here on this topic.) I brought all this thinking together in a big law review article (“Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle”) and then also in my new booklet, “Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom.”
One factor I identify as contributing to panics is the fact that “bad news sells.” As I noted in the book, “Many media outlets and sensationalist authors sometimes use fear-based tactics to gain influence or sell books. Fear mongering and prophecies of doom are always effective media tactics; alarmism helps break through all the noise and get heard.”
In line with that, I want to highly recommend you check out this excellent new oped by John Stossel of Fox Business Network on “Good News vs. ‘Pessimism Porn‘.” Stossel correctly notes that “the media win by selling pessimism porn.” He says:
Are you worried about the future? It’s hard not to be. If you watch the news, you mostly see violence, disasters, danger. Some in my business call it “fear porn” or “pessimism porn.” People like the stuff; it makes them feel alive and informed.
Of course, it’s our job to tell you about problems. If a plane crashes — or disappears — that’s news. The fact that millions of planes arrive safely is a miracle, but it’s not news. So we soak in disasters — and warnings about the next one: bird flu, global warming, potential terrorism. I won Emmys hyping risks but stopped winning them when I wised up and started reporting on the overhyping of risks. My colleagues didn’t like that as much.
He continues on to note how, even though all the data clearly proves that humanity’s lot is improving, the press relentlessly push the “pessimism porn.” Continue reading →
Last December, it was my pleasure to take part in a great event, “The Disruptive Competition Policy Forum,” sponsored by Project DisCo (or The Disruptive Competition Project). It featured several excellent panels and keynotes and they’ve just posted the video of the panel I was on here and I have embedded it below. In my remarks, I discussed:
- benefit-cost analysis in digital privacy debates (building on this law review article);
- the contrast between Europe and America’s approach to data & privacy issues (referencing this testimony of mine);
- the problem of “technopanics” in information policy debates (building on this law review article);
- the difficulty of information control efforts in various tech policy debates (which I wrote about in this law review article and these two blog posts: 1, 2);
- the possibility of less-restrictive approaches to privacy & security concerns (which I have written about here as well in those other law review articles);
- the rise of the Internet of Things and the unique challenges it creates (see this and this as well as my new book); and,
- the possibility of a splintering of the Internet or the rise of “federated Internets.”
The panel was expertly moderated by Ross Schulman, Public Policy & Regulatory Counsel for CCIA, and also included remarks from John Boswell, SVP & Chief Legal Officer at SAS, and Josh Galper, Chief Policy Officer and General Counsel of Personal, Inc. (By the way, you should check out some of the cool things Personal is doing in this space to help consumers. Very innovative stuff.) The video lasts one hour. Here it is:
Last night, I appeared on a short segment on the PBS News Hour discussing, “What’s the future of privacy in a big data world?” I was also joined by Jules Polonetsky, executive director of the Future of Privacy Forum. If you’re interested, here’s the video. Transcript is here. Finally, down below the fold, I’ve listed a few law review articles and other essays of mine on this same subject.
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