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. Read more » about Clementi And The Nature Of 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. Read more » about Will Robots Be 'Generative'?
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. Read more » about (Im)Perfect Enforcement
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. Read more » about The Boundaries of Privacy Harm
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.
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. Read more » about Tech companies may be our best hope for resisting government surveillance
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.
Ex Machina opens this weekend. Its director, Alex Garland of 28 Days Later acclaim, appeared on Marketplace today to discuss the role of artificial intelligence in the film. Read more » about What Ex Machina's Alex Garland Gets Wrong About Artificial Intelligence
The Federal Aviation Administration announced its proposal this morning for what rules should govern small unmanned aerial systems, meaning drones 55 pounds or lighter. We do not know how long it will take for the rules to go into effect. When they do, the new rules will permit vastly more drone use in the United States, bringing us closer into line with other countries where drones can be commercially operated today. Read more » about How The FAA's Proposed Drone Rules Will Affect What You Care About
"Ryan Calo, a law professor at the University of Washington specializing in cyber law and robotics, believes that moral machines will have a deeply unsettling effect on our legal system. Read more » about The Good, The Bad and The Robot: Experts Are Trying to Make Machines Be “Moral”
"“I don’t see a privacy problem with leveraging cell towers,” says Ryan Calo, a law professor at the University of Washington, where he teaches a class on robotic law and policy. “If a centralised place is keeping track of these things, we would have some accountability. I don’t believe anybody thinks we should have anonymous drones the way we should have anonymous web surfing.”" Read more » about Nasa and Verizon plan to monitor US drone network from phone towers
"University of Washington law professor Ryan Calo says, "There is very little in American privacy law today that really restricts the use of drones by the government or by individuals."
Only about eight states do have legislation limiting or prohibiting the use of drones for spying or surveillance. They are Arkansas, Mississippi, North Dakota, Indiana, Louisiana, North Carolina, Tennessee and Wisconsin.
"It's gonna take some time. Hopefully we'll be able to figure out the right balance with drones," says Calo." Read more » about Sound Off for May 22nd: Are you worried about your privacy with the increase in drones?
"Because one thing we can’t overlook is that drones at the border can be invaluable. “Let’s not have a failure of imagination of how useful these things are,” Ryan Calo said to me recently. “What about drones that find other drones because people are sending crystal meth over the border?” he asked." Read more » about 5 Ways We Must Regulate Drones at the US Border
"“The DMV and especially the state legislature, only listening to Google, wrote a law that was fine for Google but was really problematic for car manufacturers,” said Ryan Calo, a law professor and robotics specialist at the University of Washington campus." Read more » about Google’s Homemade Self-Driving Cars to Hit Roads This Summer
For more information visit the University of Chicago Law School website.
National Security: The Impact of Technology on the Separation of Powers Read more » about National Security: The Impact of Technology on the Separation of Powers
8:30 – 9:00 a.m. Breakfast and Registration
9:00 – 9:15 a.m.
Welcome and Opening Remarks Read more » about Taking Responsibility for One’s Own Data Privacy and Security–Is it Possible, and How?
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? Read more » about Open Data: Addressing Privacy, Security, and Civil Rights Challenges
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
9:00 am Read more » about We Robot 2015
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? Read more » about Pacific Northwest Chapter Luncheon
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. Read more » about Popularity of Drones Raises Privacy Concerns
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. Read more » about Marketplace Tech for Monday, May 18, 2015
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. Read more » about WeRobot 2015 KEYNOTE: An Evening with Tony Dyson
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. Read more » about Proposed drone rules allow limited access for some businesses
The Federal Aviation Administration has unveiled a long-awaited proposal for rules governing the use of small drones. If approved, the rules could expand the use of drones throughout the country. Read more » about FAA Proposal On Drones Highlights Safety Over Privacy Concerns