Recent Papers from TAP Scholars

By TAP Staff Blogger

Posted on August 14, 2020


Below are a few of the academic papers that TAP scholars have written recently. This short list is only a sampling of the tremendous volume of research and writing TAP academics engage in across a broad spectrum of technology policy issues. The papers below offer insights into some of the policy issues across artificial intelligence, privacy, and intellectual property topics.


TAP’s goal of promoting academic thought leaders and their research is aimed at generating substantive tech-policy debate. To this end, TAP strives to present works that are representative of the expertise of each scholar. Please know that the site does not presume to provide a one-stop repository of all the impressive and thoughtful scholarly papers produced by the experts highlighted on TAP.


The links provided with each title are to the articles’ snap-shot summaries that TAP writers have drafted. Each summary includes key takeaways and policy relevance; and a link to find an online copy of the full paper is also supplied.


Artificial Intelligence


Competing in the Age of AI
By Marco Iansiti and Karim R. Lakhani
Harvard Business Review, January-February 2020


Artificial Intelligence (AI) enables the rapid growth of a new type of firm. Many traditional firms now compete directly with AI-based firms. Business strategies and competitive processes are changing. It is recommended that traditional businesses transition to new AI-based models. Organizations based on specialized “silos” will be less effective.


Liability Rules for Autonomous Vehicles: How Traditional Legal Relations Encourage Modern Technological Innovation
By Richard Epstein
Law and Economics Seminar, Stanford Law School, January, 2020


As autonomous vehicles (AVs) come into use, lawyers will guide courts’ choice of liability rules, the sanctions that apply when the rules of the road are broken. The best rule for many accidents involving AVs will be strict liability. Traditional liability rules will serve well in AV accident cases. It is recommended that regulators avoid an overcautious approach that delays the benefits of AVs.


To read more from TAP scholars on this topic, peruse TAP’s issue-focused pages on artificial intelligence and competition policy.




Privacy Regulation and Innovation Policy
By Katherine Strandburg and Yafit Lev-Aretz
Yale Journal of Law & Technology, Vol. 22, pp. 256-317, 2020


Some claim that privacy regulation threatens innovation, but regulation is appropriate to correct market failures. Privacy regulation could help align markets and ensure that innovation is consistent with social values. Privacy regulation should be carefully designed. Privacy regulation is no more prone to fail than other types of regulation.


Usable and Useful Privacy Interfaces
By Lorrie Faith Cranor and Florian Schaub
An Introduction to Privacy for Technology Professionals, Second Edition, 2020 (International Association of Privacy Professionals (IAPP) publication)


Designing privacy interfaces for devices, software, and websites that are easy for people to understand and control is difficult. Designers should shift focus from information to people and their privacy needs. It is recommended that privacy notices be integrated with the service or product interface.


To read more from TAP scholars on this topic, peruse TAP’s issue-focused page on privacy and security.


Intellectual Property and Patents


Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications
By Daniel Spulber
Colorado Technology Law Journal, Vol. 18, pp. 79-159, 2020


As 5G mobile telecommunication technologies develop, some have proposed that courts or administrative agencies should regulate licensing of Standard Essential Patents (SEPs). Courts should look to industry practice in resolving SEP disputes, and should avoid ongoing court supervision of licensing.


To read more from TAP scholars on this topic, peruse TAP’s issue-focused pages on patents, intellectual property, and wireless.