Ryan Calo is an assistant professor at the University of Washington School of Law and a former research director at CIS. A nationally recognized expert in law and emerging technology, Ryan's work has appeared in the New York Times, the Wall Street Journal, NPR, Wired Magazine, and other news outlets. Ryan serves on several advisory committees, including the Electronic Frontier Foundation, the Electronic Privacy Information Center, and the Future of Privacy Forum. He co-chairs the American Bar Association Committee on Robotics and Artificial Intelligence and serves on the program committee of National Robotics Week.
I'm guest blogging over at Concurring Opinions this month. My first post explored what the domestic use of drones would mean for privacy law. I also did a two-part post on "DRM for Privacy." Here is the first post. And the second. Excerpt below. Thoughts welcome.
Online privacy has been getting quite a bit of attention of late. But the problem seems as intractable as ever. In a pair of posts, I will explore one aspect of the online privacy debate and, drawing from a controversial corner of copyright law, suggest a modest fix. This first post discusses the problem of consumer tracking and the lack of any good solutions. You may want to skip this post if you are familiar with the online privacy ecosystem (and uninterested in correcting my oversimplifications and mistakes). The next post discusses how an often criticized provision of the Digital Millennium Copyright Act—the anti-circumvention clause—might hold lessons for consumer privacy. This provision prohibits tampering with so-called digital rights management. The law has its problems as a mechanism to enforce copyright. As applied to consumers’ efforts to protect their privacy, however, a few of Section 1201’s bugs metamorphose into features.
I have been blogging about Nevada's efforts to pave the way toward driverless vehicles in that state. Nevada recently become the first state to pass a law tasking the Department of Motorvehicles with developing a set of standards to license autonomous driving on the state's highways. In other words, Nevada is hoping for an early mover advantage in cornering this emerging technology. Reports are now surfacing that Oklahoma has taken steps to reserve an air corridor for the domestic use of autonomous drones. If approved by the Federal Aviation Administration, this would free up an 80 mile stretch for the military, hobbyists, and others to operate drones in U.S. airspace. One estimate places the number of domestic drones at 15,000 by 2018.
According to the Nevada Legislature's website, AB 511 "revis[ing] certain provisions governing transportation" passed the Assembly (36-6) and the Senate (20-1) and was signed into law by the governor this week. Although I am aware of no law that prohibits driverless cars, this appears to be the first law officially to sanction the technology. Specifically, the law provides that the Nevada Department of Motor Vehicles "shall adopt regulations authorizing the operation of autonomous vehicles on highways within the State of Nevada." The law charges the Nevada DMV with setting safety and performance standards and requires it to designate areas where driverless cars may be tested. (Note that this could take some serious time: Japan, for instance, has been promising standards for personal robots for years and has yet to release them.)
I agree with most everything economist Tyler Cowen said in his insightful New York Times op ed about autonomous vehicles. This technology holds tremendous promise in enhancing passenger safety, efficiency, and mobility. (See also Sebastian Thrun’s March 31 TED talk). I also agree that law and policy may act, as Cowen suggests, to impede innovation and adoption of driverless cars. But Cowen’s assertion that the driverless car “is illegal in all 50 states,” which he reasserts and defends in a recent blog post, represents a serious overstatement. And, in a way, an ironic one: the public assertion that driverless cars are illegal could be almost as chilling to potential innovators and consumers as passing laws against this technology.
NO: It Is the Way to Kill Innovation
By Ryan Calo
The year is 1910. Orville and Wilbur Wright are testing their plane and happen to fly hundreds of feet over a stretch of land you own. Could you sue them?
Technically, you could. In 1910, your property rights extended ad coelum et ad inferos—up to heaven and down to hell. Anyone who flew over your property without permission was trespassing.
I am a law professor who writes about robotics. I’m also a big Paolo Bacigalupi fan, particularly his breakout novel The Windup Girl involving an artificial girl. So for me, “Mika Model” was not entirely new territory. For all my familiarity with its themes, however, Bacigalupi’s story revealed an important connection in robotics law that had never before occurred to me.
"However, the FCC rules did establish that there is "a set of consumer expectations that were being met," said Ryan Calo, a law professor at the University of Washington. "Now we go back to a place where (ISPs) really have to do something egregious to get caught," not to mention concerns about what agency has the authority, he said.
“It’s fair to say that the people who are happy about today's vote are Comcast, Verizon, Charter and AT&T and not consumers," Calo said."
"But for others self-certification is “a very big leap”, said Ryan Calo, a law professor at University of Washington, who is arguing for independent audits. “I’m worried by the idea of a company saying, ‘We’re good.’”"
"One thing missing from the regs: any driving test to pass before letting the robot fly solo. Instead, companies will “self-certify” their vehicles. “That’s like me going to the DMV and saying, believe me, I’m an excellent driver,” says Ryan Calo, who studies robotics law at the University of Washington School of Law. “It makes me a little nervous, honestly.” He would rather see a common requirement, or at least have a third party check the cars out before they hit the public streets."
"California is not the first jurisdiction to pass rules governing the deployment of fully automated vehicles. Michigan has a law contemplating driverless fleets, and Florida has a law that its drafter says covers this, too. “But this would make California the most consciously permissive jurisdiction in the world,” says Ryan Calo, a professor at the University of Washington who teaches a course on robot law. “I question the wisdom of self-certification, especially with players that are not as sophisticated. I think it would be wiser to have third parties audit the technology.”"
"In Rosenblat and Calo’s view, government agencies like the Federal Trade Commission need to more actively step up and investigate possible abuses by peer-to-peer platform operators. Earlier this year, Uber agreed to pay $20 million to the agency, which charged that the company’s advertising had misled recruits about how much income they could expect to earn as drivers. Still, they would prefer to see the FTC dig deeper, prying into their digital back-ends rather than relying on publicly posted documentation.
U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, will convene a hearing on Wednesday, November 16, 2016, at 3:00 p.m. entitled “Exploring Augmented Reality.” The hearing will examine the emergence, benefits, and implications of augmented reality technologies. Unlike virtual reality that creates a wholly simulated reality, augmented reality attempts to superimpose images and visual data on the physical world in an intuitive way.
• Mr. Brian Blau, Research Vice President, Gartner
The University of Washington School of Law is delighted to announce a public workshop on the law and policy of artificial intelligence, co-hosted by the White House and UW’s Tech Policy Lab. The event places leading artificial intelligence experts from academia and industry in conversation with government officials interested in developing a wise and effective policy framework for this increasingly important technology. The event is free and open to the public but requires registration. -
CIS Affilate Scholar Ryan Calo wil be part of a panel titled "Understanding the Implications of Open Data".
How can open data promote trust in government without creating a transparent citizenry?
The University of Washington School of Law is delighted to announce a public workshop on the law and policy of artificial intelligence, co-hosted by the White House and UW’s Tech Policy Lab. The event places leading artificial intelligence experts from academia and industry in conversation with government officials interested in developing a wise and effective policy framework for this increasingly important technology.
Simon Jack reports from Seattle on robots at work. From the Boeing factory where robots make planes to a clothes shop where a robot helps him buy a new pair of jeans. Plus Ryan Calo, professor of law at the University of Washington, grapples with the question of who to blame when robots go wrong, and whether there is such a thing as robot rights.
There are a million ways people might use drones in the future, from deliveries and police work to journalism. But in this episode, we’re going to talk about consumer drones — something that you or I might use for ourselves. What does the world look like when everybody with a smart phone also has a drone?
"“We don’t need to get to this crazy world in which robots are trying to take over in order for there to be really difficult, interesting complex legal questions,” says Ryan Calo, professor of law at the University of Washington, “That’s happening right now.”
Here’s a sample:
“How do we make sure these drones are not recording things that they shouldn’t," Calo says, "and those things aren’t winding up .... on Amazon servers,or somehow getting out to the public or to law enforcement?"