Articles by Jennifer Huddleston Skees

Jennifer Huddleston SkeesJennifer Huddleston is a Legal Research Associate with the Technology Policy Program at the Mercatus Center at George Mason University. She has a B.A. in Political Science from Wellesley College and a J.D. from the University of Alabama School of Law. Her interests are focused on the intersections of technology policy and legal issues such as products liability, intellectual property, and administrative law.


Autonomous cars have been discussed rather thoroughly recently and at this point it seems a question of when and how rather than if they will become standard. But as this issue starts to settle, new questions about the application of autonomous technology to other types of transportation are becoming ripe for policy debates. While a great deal of attention seems to be focused on the potential revolutionize the trucking and shipping industries, not as much attention has been paid to how automation may help improve both intercity and intracity bus travel or other public and private transit like trains. The recent requests for comment from the Federal Transit Authority show that policymakers are starting to consider these other modes of transit in preparing for their next recommendations for autonomous vehicles. Here are 5 issues that will need to be considered for an autonomous transit system.

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The house version of the Stop Enabling Sex Trafficking Act (SESTA), called the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), has undergone significant changes that appear to enable it to both truly address the scourge of online sex trafficking and maintain important internet liability protection that encourages a free and open internet. On Tuesday, this amended version passed the House Judiciary Committee. Like most legislation, this latest draft isn’t perfect. But it has made significant steps towards maintaining freedom online while addressing the misdeeds of a few.

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As I have previously written about, a bill currently up for debate in Congress runs the risk of gutting critical liability protections for internet intermediaries. Earlier today the Stop Enabling Sex Traffickers Act passed out of committee with an amendment attempted to remedy some of the most damaging changes to Section 230 in the original act. While this amendment has gained support from some industry groups, it does not fully address the concerns regarding changes to intermediary liability under Section 230. While the amended version shows increased awareness of the far reaching consequences of the act, it does not fully address issues that could have a chilling effect on speech on the internet and risk stifling future internet innovation.

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Tesla, Volvo, and Cadillac have all released a vehicle with features that push them beyond the standard level 2 features and nearing a level 3 “self-driving” automation system where the driver is still needs to be there, but the car can do most of the work. While there have been some notable accidents, most of these were tied to driver errors or behavior and not the technology. Still autonomous vehicles hold the promise of potentially reducing traffic accidents by more than 90% if widely adopted. However, fewer accidents and a reduction in the potential for human error in driving could change the function and formulas of the auto insurance market.

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Hurricanes Harvey and Irma mark the first time two Category 4 hurricanes have made U.S. landfall in the same year. Currently the estimates are the two hurricanes have caused between $150 and $200 million in damages.

If there is any positive story within these horrific disasters, it is that these events have seen a renewed sense of community and an outpouring of support from across the nation. From the recent star studded Hand-in-Hand relief concert and JJ Watts Twitter fundraiser to smaller efforts by local marching bands and police departments in faraway states.

What has made these disaster relief efforts different from past hurricanes? These recent efforts have been enabled by technology that was unavailable during past disasters, such as Hurricane Katrina. Continue reading →

Congress is poised to act on “driverless car” legislation that might help us achieve one of the greatest public health success stories of our lifetime by bringing down the staggering costs associated with car crashes.

The SELF DRIVE Act currently awaiting a vote in the House of Representatives would pre-empt the existing state laws concerning driverless cars and replace these state laws with a federal standard. The law would formalize the existing NHTSA standards for driverless cars and establish their role as the regulator of the design, construction, and performance of this technology. The states would become regulators for driverless cars and its technology in the same way as they are for current driver operated motor vehicles.

It is important we get policy right on this front because motor vehicle accidents result in over 35,000 deaths and over 2 million injuries each year. These numbers continue to rise as more people hit the roads due to lower gas prices and as more distractions while driving emerge. The National Highway Traffic Safety Administration (NHTSA) estimates 94 percent of these crashes are caused by driver error.

Driverless cars provide a potential solution to this tragedy. One study estimated that widespread adoption of such technology would avoid about 28 percent of all motor vehicle accidents and prevent nearly 10,000 deaths each year. This lifesaving technology may be generally available sooner than expected if innovators are allowed to freely develop it.

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On August 1, Sens. Mark Warner and Cory Gardner introduced the “Internet of Things Cybersecurity Improvement Act of 2017.” The goal of the legislation according to its sponsors is to establish “minimum security requirements for federal procurements of connected devices.” Pointing to the growing number of connected devices and their use in prior cyber-attacks, the sponsors aims to provide flexible requirements that limit the vulnerabilities of such networks. Most specifically the bill requires all new Internet of Things (IoT) devices to be patchable, free of known vulnerabilities, and rely on standard protocols. Overall the legislation attempts to increase and standardize baseline security of connected devices, while still allowing innovation in the field to remain relatively permissionless. As Ryan Hagemann[1] at the Niskanen Center states, the bill is generally perceived as a step in the right direction in promoting security while limiting the potential harms of regulation to the overall innovation in the Internet of Things.

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“First electricity, now telephones. Sometimes I feel as if I were living in an H.G. Wells novel.” –Dowager Countess, Downton Abbey

Every technology we take for granted was once new, different, disruptive, and often ridiculed and resisted as a result. Electricity, telephones, trains, and television all caused widespread fears once in the way robots, artificial intelligence, and the internet of things do today. Typically it is realized by most that these fears are misplaced and overly pessimistic, the technology gets diffused and we can barely remember our life without it. But in the recent technopanics, there has been a concern that the legal system is not properly equipped to handle the possible harms or concerns from these new technologies. As a result, there are often calls to regulate or rein in their use.

In the late 1980s, video cassette recorders (VCRs) caused a legal technopanic. The concerns were less that VCRs would lead to some bizarre human mutation as in many technopanics, but rather that the existing system of copyright infringement and vicarious liability could not adequately address the potential harm to the motion picture industry. The then president of the Motion Picture Association of America Jack Valenti famously told Congress, “I say to you that the VCR is to the American film producer and the American public as the Boston Strangler is to the woman home alone.”

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