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.
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.
Over the last year, the FBI has had harsh words for Apple, accusing the tech giant of endangering human lives and aiding criminals by turning on encryption by default on the iPhone. When Google announced it would add the feature to Android, meaning that smartphone users would need to unlock their phones for police to be able to go through them, government officials and law enforcement representatives similarly freaked out.
Privacy law scholars tend to be skeptical of markets. Markets “unravel” privacy by penalizing consumers who prefer it, degrade privacy by treating it as just another commodity to be traded, and otherwise interfere with the values or processes that privacy exists to preserve.
""Every developed country in the world has a general privacy law — except us," said Neil Richards, a law professor at Washington University in St. Louis. "What we have instead is a mishmash of state laws based on what the market will bear."
"Not necessarily, University of Washington Professor of Law Ryan Calo explained.
"It is a challenge," he told Ross. "Nobody should reasonably expect driverless cars to be free from accidents. The hope is that given that so many of the traffic fatalities in America are due in large part to human error; driverless cars will cut down on accidents."
That isn't a bad trade off, Ross said. Thirty-thousands fender-benders would be better than 30,000 fatalities every year, he added.
"Other robotics experts are not so sure. Ryan Calo is a law professor at the University of Washington, and teaches a class on Robotic Law and Policy. “The US Food and Drug Administration (FDA) approved robotic surgery relatively quickly because it made an analogy between robotic surgery and laparoscopic surgery,” he says. Makers of robotic surgical systems claimed that their devices were essentially an extension of traditional laparoscopic instruments.
"Speaking on a panel on the topic hosted by the Microsoft Innovation & Policy Center in Washington, D.C., Ryan Calo, assistant professor of the University of Washington School of Law, said there was “an opportunity” to strengthen the security of the data governments manage.
“I think that governments of all kinds, local and federal, can improve the overall ecosystem on privacy and security,” he said during the panel.
"Ryan Calo, who led the team, called the work difficult but crucial. "We had to come up with a process to blend the technical, legal, design and other elements into a single policy document," he said. "I hope the finished document proves useful to policymakers of all kinds.""
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?
CIS Affiliate Scholars Peter Asaro, Ryan Calo and Woodrow Hartzog will all be participating in this two-day conference.
Registration is open for We Robot 2015 and we have a great program planned:
Friday, April 10
Registration and Breakfast
Welcome Remarks: Dean Kellye Testy, University of Washington School of Law
Introductory Remarks: Ryan Calo, Program Committee Chair
Date/Time: Wednesday, March 25, 12:00 p.m.
Location: Microsoft Corporation, Redmond, WA
A Brave New Era? Or, Back to the Future? Are we in 1934? 1993? Or, 2015? The FCC’s order on the open internet – What did the FCC really do and what will it mean for internet service providers, online music and video companies, e-commerce companies, transit providers and consumers?
CIS Affiliate Scholar Ryan Calo on Good Morning America segment "Popularity of Drones Raises Privacy Concerns," many have reported drones with cameras invading their privacy.
Ryan Calo, Assistant Law Professor at the University of Washington and an affiliate scholar at the Stanford Center for Internet and Society, talks about testing Google’s driverless cars.
Listen to the full show at Marketplace Tech.
Tony Dyson, noted roboticist and special effects model-maker, and the builder of R2D2, discusses the future of robotics with Professor Ryan Calo of the University of Washington School of Law.
The Federal Aviation Administration has released long-awaited proposed rules to regulate commercial drone use. The rules would allow anyone over 17 to take a test to get permission to fly a commercial drone without needing a pilot's license, a key concern of the drone industry.
Commercial drones would have to fly below 500 feet, only during daylight, and always be visible to their operators.