The Issues

  • Artificial Intelligence
  • Competition Policy and Antitrust
  • Innovation and Economic Growth
  • Intellectual Property
  • Interoperability
  • Networks, the Internet, and Cloud Computing
  • Privacy and Security

TAP Highlights

5G Focusses Attention on FRAND Disputes

Some observers have proposed more scrutiny of 5G patent licensing. In “Licensing Standard Essential Patents with FRAND Commitments: Preparing for 5G Mobile Telecommunications,” law and business professor Daniel Spulber explains how the standard-setting process and license negotiations preclude the need for regulation.

How Governments Can Reduce Privacy Risks from Transparency Initiatives

Release of data held by government agencies increases transparency but threatens privacy. In “Towards a Modern Approach to Privacy-Aware Government Data Releases,” law professor Urs Gasser and his coauthors note that government statistics may include information that can be traced to specific individuals, and sets out a framework for agencies to use in protecting the privacy from the time data is collected until its release.

Assessing the Merger Doctrine, a Key Defense to Copyright Claims

There are a limited number of ways in which one can draw a bee or write code to make software interoperate with other software. In such cases, courts say that the ideas in the created work “merge” with the way they are expressed. In “Reconceptualizing Copyright's Merger Doctrine,” law professor Pamela Samuelson explains the importance of merger defenses in protecting competition and freedom of expression.

When Should Algorithms Reflect Liberal Values?

Should tech firms alter algorithms to promote fairness? In “Taming the Golem: Challenges of Ethical Algorithmic Decision-Making,” law professors Omer Tene and Jules Polonetsky note that undisclosed social engineering by algorithm designers could lead to backlash, but firms should support widely accepted social norms.

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New TAP Blog Posts

Ryan Calo Discusses Ideas to Stop the Spread of Misinformation

Posted on June 18, 2020
University of Washington law professor Ryan Calo discusses what steps social media companies and the government can legally take to stop the spread of misinformation, while also ensuring that everyone has the right to express their opinion.

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