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.
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.
"“No court would find a legal problem here,” said Ryan Calo, a professor at the University of Washington law school. “When someone is an ongoing lethal danger, there isn’t an obligation on the part of officers to put themselves in harm’s way.”"
"While the new provision may seem great at first glance, the word “solely” makes the situation a little more slippery, says Ryan Calo, a University of Washington law professor who focuses on technology. Calo explained over email how companies that use algorithms could pretty easily sidestep the new regulation.
“All a firm needs to do is introduce a human—any human, however poorly trained or informed—somewhere in the system,” Calo said. “[V]oila, the firm is no longer basing their decision ‘solely on automated processing.'”
"“If the U.S. doesn’t get thoughtful about robotics policy, we will wind up losing out to these other nations,” Ryan Calo, an expert in cyber law and robotics at the University of Washington School of Law, tells Vocativ.
""Große blinde Flecken bei der Regulierung" autonomer System machte Rojas aus. Seine Utopie sei es, "die Anzahl der Fahrzeuge um 90 Prozent zu verringern", um die Straßen frei für Fußgänger und Fahrräder zu machen. Es gebe dann quasi nur noch "Taxis on Demand". Die Benzinautos von heute sind für ihn "die Kohlekraftwerke von morgen". Unklar sei aber etwa, wer unter welchen Umständen "umfassende Updates" in Robo-Autos einspielen dürfe.
"“[Social networks] can censor more or less anything they want and it also have incredible abilities to leave up as much as they wants to leave up,” said Ryan Calo, professor of law at the University of Washington and co-director of the school’s 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. -
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?
"What will Amazon’s drone highway in the sky look like?
Probably not a drone highway. Amazon unveiled a proposal where low-level air space would be carved out for drones: 200 to 400 feet would be reserved for high-speed transit drones. Below, there would be space for low -speed local drone traffic, and above would be a no-fly buffer zone to keep drones out of manned-vehicle air space, aka flight paths.
Robots have been used in factories around the world for decades, often carrying out dangerous or highly repetitive operations. However the city of Dongguan, China, has become home to the first fully automated factory - where the workforce is made of up entirely of robots. Changying Precision Technology will only employ a small number of human staff who will monitor operations of the machinery, but all processes are completed by robotic equipment.
Is this a sign of things to come? Newsday spoke to Ryan Calo, a professor with the University of Washington Tech Policy Lab.
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.