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By Adam Thierer & Jennifer Huddleston Skees

He’s making a list and checking it twice. Gonna find out who’s naughty and nice .”

With the Christmas season approaching, apparently it’s not just Santa who is making a list. The Trump Administration has just asked whether a long list of emerging technologies are naughty or nice — as in whether they should be heavily regulated or allowed to be developed and traded freely.

If they land on the naughty list, these technologies could be subjected to complex export control regulations, which would limit research and development efforts in many emerging tech fields and inadvertently undermine U.S. innovation and competitiveness. Worse yet, it isn’t even clear there would be any national security benefit associated with such restrictions.  

From Light-Touch to a Long List

Generally speaking, the Trump Administration has adopted a “light-touch” approach to the regulation of emerging technology and relied on more flexible “soft law” approaches to high-tech policy matters. That’s what makes the move to impose restrictions on the trade and usage of these emerging technologies somewhat counter-intuitive. On November 19, the Department of Commerce’s Bureau of Industry and Security launched a “ Review of Controls for Certain Emerging Technologies .” The notice seeks public comment on “criteria for identifying emerging technologies that are essential to U.S. national security, for example because they have potential conventional weapons, intelligence collection, weapons of mass destruction, or terrorist applications or could provide the United States with a qualitative military or intelligence advantage.” Continue reading →

Whatever you want to call them–autonomous vehicles, driverless cars, automated systems, unmanned systems, connected cars, piloteless vehicles, etc.–the life-saving potential of this new class of technologies has been shown to be potentially enormous. I’ve spent a lot of time researching and writing about these issues, and I have yet to see any study forecast the opposite (i.e., a net loss of lives due to these technologies.) While the estimated life savings vary, the numbers are uniformly positive across the board, and not just in terms of lives saved, but also for reductions in other injuries, property damage, and aggregate social costs associated with vehicular accidents more generally.

To highlight these important and consistent findings, I asked my research assistant Melody Calkins to help me compile a list of recent studies on this issue and summarize the key takeaways of each one regarding at least the potential for lives saved. The studies and findings are listed below in reverse chronological order of publication. I may try to add to this over time, so please feel free to shoot me suggested updates as they become available.

Needless to say, these findings would hopefully have some bearing on public policy toward these technologies. Namely, we should be taking steps to accelerate this transition and removing roadblocks to the driverless car revolution because we could be talking about the biggest public health success story of our lifetime if we get policy right here. Every day matters because each day we delay this transition is another day during which 90 people die in car crashes and more than 6,500 will be injured. And sadly, those numbers are going up, not down. According to the National Highway Traffic Safety Administration (NHTSA), auto crashes and the roadway death toll is climbing for the first time in decades. Meanwhile, the agency estimated that 94 percent of all crashes are attributable to human error. We have the potential to do something about this tragedy, but we have to get public policy right. Delay is not an option.

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A new bipartisan “sense of the Senate” resolution was introduced today calling for “a national strategy for the Internet of Things to promote economic growth and consumer empowerment.” [PDF is here.] The resolution was cosponsored by U.S. Senators Deb Fischer (R-Neb.), Cory A. Booker (D-N.J.), Kelly Ayotte (R-N.H.), and Brian Schatz (D-Hawaii), who are all members of the Senate Commerce Committee, which oversees these issues. Just last month, on February 11th, the full Commerce Committee held a hearing titled “The Connected World: Examining the Internet of Things,” which examined the policy issues surrounding this exciting new space.

[ Update:  The U.S. Senate unanimously approved the resolution on the evening of March 24th, 2015.]

The new Senate resolution begins by stressing the many current or potential benefits associate with the Internet of Things (IoT), which, it notes, “currently connects tens of billions of devices worldwide and has the potential to generate trillions of dollars in economic opportunity.” It continues on to note how average consumers will benefit because “increased connectivity can empower consumers in nearly every aspect of [our] daily lives, including in the fields of agriculture, education, energy, healthcare, public safety, security, and transportation, to name just a few.” And then the resolution also discussed the commercial benefits, noting, “businesses across our economy can simplify logistics, cut costs in supply chains, and pass savings on to consumers because of the Internet of Things and innovations derived from it.” More generally, the Senators argue “the United States should strive to be a world leader in smart cities and smart infrastructure to ensure its citizens and businesses, in both rural and urban parts of the country, have access to the safest and most resilient communities in the world.”

In light of those amazing potential benefits, the resolution continues on to argue that while “the United States is the world leader in developing the Internet of Things technology,” an even more focused and dedicated policy vision is needed to promote continued success. “[W]ith a national strategy guiding both public and private entities,” it argues, “the United States will continue to produce breakthrough technologies and lead the world in innovation.”  Continue reading →

Give us our drone-delivered beer!

That’s how the conversation got started between John Stossel and me on his show this week. I appeared on Stossel’s Fox Business TV show to discuss the many beneficial uses of private drones. The problem is that drones — which are more appropriately called unmanned aircraft systems — have an image problem. When we think about drones today, they often conjure up images of nefarious military machines dealing death and destruction from above in a far-off land. And certainly plenty of that happens today (far, far too much in my personal opinion, but that’s a rant best left for another day!).

But any technology can be put to both good and bad uses, and drones are merely the latest in a long list of “dual-use technologies,” which have both military uses and peaceful private uses. Other examples of dual-use technologies include: automobiles, airplanes, ships, rockets and propulsion systems, chemicals, computers and electronic systems, lasers, sensors, and so on. Put simply, almost any technology that can be used to wage war can also be used to wage peace and commerce. And that’s equally true for drones, which come in many sizes and have many peaceful, non-military uses. Thus, it would be wrong to judge them based upon their early military history or how they are currently perceived. (After all, let’s not forget that the Internet’s early origins were militaristic in character, too!)

Some of the other beneficial uses and applications of unmanned aircraft systems include: agricultural (crop inspection & management, surveying); environmental (geological, forest management, tornado & hurricane research); industrial (site & service inspection, surveying); infrastructure management (traffic and accident monitoring); public safety (search & rescue, post-natural disaster services, other law enforcement); and delivery services (goods & parcels, food & beverages, flowers, medicines, etc.), just to name a few.

http://video.foxbusiness.com/v/embed.js?id=3402036832001&w=466&h=263 Watch the latest video at video.foxbusiness.com

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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 →

I’ve already Tweeted about it, but if you are following Internet privacy debates and have not yet had the chance to read Lauren Weinstein‘s new paper, “Do-Not-Track, Doctor Who, and a Constellation of Confusion,” it is definitely worth a look.  Weinstein, founder of the Privacy Forum, zeroes in on two related issue that I have made the focus of much of my work on this issue: (1) the fact that Do Not Track is seemingly viewed by some as a silver-bullet quick fix to online privacy concerns but will really be far more complicated in practice to enforce, and (2) that Do Not Track regulation will likely have many unintended consequences, most of which are going unexplored by proponents.

For example, Weinstein says:

Do-not-track in actuality encompasses an immensely heterogeneous mosaic of issues and considerations, not appropriately subject to simplistic approaches or “quick fix” solutions.   Approaching this area without a realistic appreciation of such facts is fraught with risks and the potential for major undesirable collateral damages to businesses, organizations, and individuals. Attempts to portray these controversies as “black or white” topics subject to rapid or in some cases even unilaterally imposed resolutions may be politically expedient, but are ultimately both childish and dangerous. […] Above all, we should endeavor to remember that tracking issues both on and off the Internet are in reality part of a complicated whole, a multifaceted  set of problems — and very importantly — potentials as well. The decisions that we make now regarding these issues will likely have far-ranging implications and effects on the Internet for many years to come, perhaps for decades.

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The comic geniuses at CollegeHumor.com have really hit the nail on the head with this musical romp through the (mostly ad-supported) web, a take-off on “Maria” from the musical West Side Story.  Besides showcasing a number of great ad-supported services, the clip really hits the nail on the head by acknowledging that “There is No Free Lunch“: The quid pro quo of advertising supports the plethora of online content and services Internet users take for granted.

Pandora, I just found a website called Pandora… Pandora! type it in and there’s music playing watch the ads and it’s almost like paying
http://www.collegehumor.com/moogaloop/moogaloop.swf?clip_id=1913584&fullscreen=1

I’m tempted to show the clip at our upcoming PFF Capitol Hill briefing on July 10: “Regulating Online Advertising: What Will it Mean for Consumers, Culture & Journalism?

The advocates of regulation pay lip service to the importance of advertising in funding online content and services but don’t seem to understand that this quid pro quo is a fragile one:  Tipping the balance, even slightly, could have major consequences for continued online creativity and innovation.

Michael-Mr-YogatoWho is this handsome young man and why does he have “Mr. Yogato Stamped Me!!!” on his forehead? More importantly, why does he look so darn happy?

Flashback: Earlier this week, my partner Michael (pictured) and I visited Mr. Yogato, a frozen yogurt shop in Washington’s Dupont Circle neighborhood which describes itself as “the FUNNEST yogurt experience you’ll ever have.”

Apart from serving exceptionally tasty frozen yogurt and letting customers play a vintage Nintendo, Mr. Yogato is famous for the eight “Rules of Yogato,” which offer discounts if users achieve certain feats, including:

  • Answering devilishly difficult trivia (10% off—or extra if you fail)
  • Reciting the Stirling battlefield speech from Braveheart in a great Scottish accent (20% off)

But the best discount, which Michael does every time (unless I’m there to help identify, say, countries that end in ‘L’), is offered for wearing the Yogato stamp on your forehead. Being stamped is, of course, almost as much fun as singing along to “Mr. Roboto” if you’re lucky enough to hear that played while you’re in the shop (10% off).  But the real fun is in engaging passersby on the street about the icy-sweet joys of Yogato. It’s also, of course, probably the most effective advertising Mr. Yogato could ever want.

So, the next time you hear Adam Thierer and I talk about the benefits of advertising, especially online, just remember that while there is no free lunch (nor free frozen yogurt), there is discounted frozen yogurt.  It’s a simple, obvious quid pro quo:  10% off in exchange for spreading the Gospel of Yogato. Continue reading →