Publications

Regulation and Technology

Author(s): 
Anthony Falzone
Publication Date: 
January 13, 2013
Publication Type: 
Academic Writing

This Article consists of some general observations and a few examples that illustrate them. First, technology can benefit tremendously from government involvement. Regulation may be part of that involvement, but thinking just in terms of regu‐ lation obscures some important points. When people talk about regulating technology, they usually assume technology is a private good, and the question becomes whether—and how— the government should regulate private property. This ob‐ scures the truth that technology is frequently a product of pub‐ lic and private collaboration. Read more about Regulation and Technology

Managing Autonomous Transportation Demand

Author(s): 
Bryant Walker Smith
Publication Date: 
December 18, 2012
Publication Type: 
Academic Writing

“Today we are well underway to a solution of the traffic problem.”1 This claim, made by Robert Moses in 1948, is as true today as it was then. Which is to say, not at all. In the middle of the last century, the preferred solution to “the traffic problem” was more cement: new highways, bridges, and lanes. Read more about Managing Autonomous Transportation Demand

Why the FCC should prevent ISPs from micromanaging our lives

Author(s): 
Brett Frischmann
Publication Date: 
December 12, 2017
Publication Type: 
Other Writing

by Brett Frischmann and Evan Selinger

Network neutrality prevents broadband Internet service providers from micromanaging our lives online. Constraining the networks this way enables and even empowers Internet users to be active and productive human beings rather than passive consumers. Unfortunately, the network neutrality debate is so polarized that neither side sees the full picture. Read more about Why the FCC should prevent ISPs from micromanaging our lives

Brief Amici Curiae of the Center for Democracy & Technology and Legal Scholars in Support of Appellee

Author(s): 
Barbara van Schewick
Marvin Ammori
Publication Date: 
November 15, 2012
Publication Type: 
Litigation Brief

Pursuant to D.C. Circuit Rule 29(d), amici curiae the Center for Democracy & Technology (CDT) and Legal Scholars Marvin Ammori, Jack M. Balkin, Michael J. Burstein, Anjali S. Dalal, Rob Frieden, Ellen P. Goodman, David R. Johnson, Dawn C. Nunziato, David G. Post, Pamela Samuelson, Rebecca Tushnet, Barbara van Schewick, and Jonathan Weinberg certify that they are submitting a separate brief from other amici curiae in this case due to the specialized nature of each amici’s distinct interests and expertise. Read more about Brief Amici Curiae of the Center for Democracy & Technology and Legal Scholars in Support of Appellee

Automated Vehicles are Probably Legal in the United States

Author(s): 
Bryant Walker Smith
Publication Date: 
November 1, 2012
Publication Type: 
Academic Writing

This 2014 law review article provides the most comprehensive discussion to date of whether so-called automated, autonomous, self-driving, or driverless vehicles can be lawfully sold and used on public roads in the United States. The short answer is that the computer direction of a motor vehicle’s steering, braking, and accelerating without real-time human input is probably legal. The long answer, contained in the article, provides a foundation for tailoring regulations and understanding liability issues related to these vehicles. Read more about Automated Vehicles are Probably Legal in the United States

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