Issues

The Song Remains the Same: What Cyberlaw Might Teach the Next Internet Economy

Regulation is not truly incompatible with innovation. Over time, businesses that once resisted regulation will welcome the involvement of government, and regulators will learn to adopt creative solutions to new problems, just as in the early days of the Internet.

Scale Effects in Web Search

This study considers how learning affects competition between search engines. As learning proceeds, it tends to slow down. Could a new search engine with a better algorithm overcome a large search engine with more data?

Soft Law: New Tools for Governing Emerging Technologies

Traditionally, nations harmonized their own regulation of new technologies with the rules of other nations through negotiation of international treaties. "Soft law" tools such as private standards and codes of conduct are less resource-intensive than treaties.

The Age of Weaponized Narrative

Technology and advances in psychology make it possible for other nations and groups to use “weaponized” narratives to undermine their adversaries. Increasingly, Russia and China are using these methods against the United States.

The Cambridge Handbook of Surveillance Law

Surveillance challenges policymakers to balance safety and stability with privacy and liberty. Changing technologies and social norms make this difficult. Regulators, legislators, business leaders, the public, and academics offer different perspectives on this problem.

Artificial Intelligence Policy: A Primer and Roadmap

Artificial intelligence (AI) systems are being deployed by commercial firms, and by the policy and the military. AI raises difficult policy issues, including questions of fairness, safety, and employment loss.

Systematic Government Access to Private-Sector Data in the United States II: The US Supreme Court and Information Privacy

The United States Supreme Court uses the term privacy in different ways. In conflicts between privacy and free speech, free speech tends to prevail. The Court’s Fourth Amendment rulings are inconsistent with the Court’s rulings on privacy under the Freedom of Information Act.

Resilience: A New Tool in the Risk Governance Toolbox for Emerging Technologies

The risks of nanotechnology, biotechnology, artificial intelligence (AI), robotics, and neuroscience are hard to assess in advance, making these sectors hard to regulate. Regulators should adapt their rules on an ongoing basis, as the technology’s effects are understood.

The Surveillance Regulation Toolkit: Thinking Beyond Probable Cause

Limits on government surveillance are often based on judicial review of “probable cause” alone. New technologies and surveillance techniques mean that the “probable cause” determination no longer protects privacy and liberty adequately.

The Humans Working Behind the AI Curtain

Many online tasks are performed partly by artificial intelligence (AI) and partly by humans. Workers are hired on a temporary, “on demand” basis by firms such as Microsoft and Facebook to train algorithms or to assess questionable content.