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.
Ann Bartow once criticized Daniel Solove for not providing enough “dead bodies” in his discussion of privacy. I tend to disagree that such proof is necessary. But privacy has seen a dead body recently—that of Rutgers University student Tyler Clementi.
The narrative around Clementi’s tragic suicide continues to shift. The press originally reported that Clementi killed himself after his roommate invited the entire campus to view footage of Clementi having sex with another man. The Associated Press is now reporting that, according to the roommate’s defense attorney, no one but he and his friend ever saw the video.
The question of whether the defendants recorded or broadcast the web cam is highly relevant to whether there has been a privacy violation. Yet it is hardly relevant at all to the question of whether there has been a privacy harm.
I don’t know that generativity is a theory, strictly speaking. It’s more of a quality. (Specifically, five qualities.) The attendant theory, as I read it, is that technology exhibits these particular, highly desirable qualities as a function of specific incentives. These incentives are themselves susceptible to various forces—including, it turns out, consumer demand and citizen fear.
The law is in a position to influence this dynamic. Thus, for instance, Comcast might have a business incentive to slow down peer-to-peer traffic and only refrain due to FCC policy. Or, as Barbara van Schewick demonstrates inter alia in Internet Architecture and Innovation, a potential investor may lack the incentive to fund a start up if there is a risk that the product will be blocked.
Similarly, online platforms like Facebook or Yahoo! might not facilitate communication to the same degree in the absence of Section 230 immunity for fear that they will be held responsible for the thousand flowers they let bloom. I agree with Eric Goldman’s recent essay in this regard: it is no coincidence that the big Internet players generally hail from these United States.
Prohibition wasn’t working. President Hoover assembled the Wickersham Commission to investigate why. The Commission concluded that despite an historic enforcement effort—including the police abuses that made the Wickersham Commission famous—the government could not stop everyone from drinking. Many people, especially in certain city neighborhoods, simply would not comply. The Commission did not recommend repeal at this time, but by 1931 it was just around the corner.
Five years later an American doctor working in a chemical plant made a startling discovery. Several workers began complaining that alcohol was making them sick, causing most to stop drinking it entirely—“involuntary abstainers,” as the doctor, E.E. Williams, later put it. It turns out they were in contact with a chemical called disulfiram used in the production of rubber. Disulfiram is well-tolerated and water-soluble. Today, it is marketed as the popular anti-alcoholism drug Antabuse.
Were disulfiram discovered just a few years earlier, would federal law enforcement have dumped it into key parts of the Chicago or Los Angeles water supply to stamp out drinking for good? Probably not. It simply would not have occurred to them. No one was regulating by architecture then. To dramatize this point: when New York City decided twenty years later to end a string of garbage can thefts by bolting the cans to the sidewalk, the decision made the front page of the New York Times. The headline read: “City Bolts Trash Baskets To Walks To End Long Wave Of Thefts.”
In an important but less discussed chapter in The Future of the Internet, Jonathan Zittrain explores our growing taste and capacity for “perfect enforcement."
Readers are likely familiar with the cyberlaw mantra that “code is law.” What’s striking is that since Lawrence Lessig published Code in 1999, relatively little has been written about the dangers of regulation by architecture, particularly outside of the context of intellectual property. Many legal scholars—Neil Katyal, Elizabeth Joh, Edward Cheng—have instead argued for more regulation by architecture on the basis that it is less discriminatory or more effective.
My new paper explores what is unique about privacy harm. How does privacy harm differ from other injury? And what do we gain by defining its boundaries and core properties? You can download the paper here; abstract after the jump. Your thoughts warmly welcome.
ACM Computers Freedom Privacy is in its 20th year. This year was exciting to me in that robots entered the mix. My panel on the topic featured forecaster and essayist Paul Saffo, EFF's Brad Templeton, philosopher Patrick Lin, and was moderated by Wired's Gary Wolf. You can find a video recording of our panel here. I also spoke to the Dr. Katherine Albrecht Radio Show, which was broadcasting live from the conference. Click here to listen.
The term “hacking” has come to signify breaking into a computer system. A number of local, national, and international laws seek to hold hackers accountable for breaking into computer systems to steal information or disrupt their operation. Other laws and standards incentivize private firms to use best practices in securing computers against attack.
"While panelists acknowledged valid consumer protection concerns, they generally counseled against overly-cautious regulation and were instead in favor of allowing AI room to experiment and grow before turning to burdensome regulation. Ryan Calo, Associate Professor at the University of Washington School of Law, cited California’s new
""An algorithm could've given us Dred Scott or Korematsu," said Ryan Calo, a law professor at the University of Washington, referring to a pair of Supreme Court decisions now considered morally wrong. But it would not know, decades later, that it had misjudged.
In this way, a mechanical judge would be extremely conservative, Calo said, interpreting the law’s text without considering any outside factors at all."
"Ryan Calo, a professor at the University of Washington School of Law, allows that the document "concedes a lot to industry," but he adds that "it also reflects some mature thinking on the part of the DOT."
"It isn't just our interactions with other humans that could be affected. “I worry a lot about how we’re building this world that’s supposed to be for convenience, comfort, and speed, but in fact makes us feel like someone is always listening, whether they are or not,” says Ryan Calo, a professor of law at the University of Washington who has studied the impacts of anthropomorphic robots on society.
Associate Professor, Law, University of Washington, and faculty co-director of the University of Washington Tech Policy Lab
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. -
"Law professor Ryan Calo, co-director of the University of Washington's Tech Policy Lab, says AI-based monitoring of social media may follow a predictable pattern for how new technologies gradually work their way into law enforcement.
"The way it would happen would be we would take something that everybody agrees is terrible — something like suicide, which is epidemic, something like child pornography, something like terrorism — so these early things, and then if they show promise in these sectors, we broaden them to more and more things. And that's a concern.""
Facebook is still reeling from the revelation that a British firm, Cambridge Analytica, improperly used millions of its users’ data. #DeleteFacebook is trending and those in the tech world are closely watching how users react to the news.
Can the tech giant turn a new leaf? What data are we willing to give up for the convenience of platforms? And would paying for services like Facebook solve the problem?
Nobody likes to wait in line. So today, Amazon removed that unpleasantness from the neighborhood grocery store. At Amazon Go, you walk in, pick up your groceries and walk out.
There are no checkout lines or scanners and almost no employees, just sensors and cameras. But what is that convenience going to cost you? We talk with Geekwire’s Todd Bishop and University of Washington law professor and privacy expert Ryan Calo.
Listen to the full interview at KUOW 94.9
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.