Margot Kaminski
Associate Professor of Law
Department: Colorado Law
Colleges / Universities: University of Colorado
Contact
401 UCB
2450 Kittredge Loop Road
Wolf Law Building Room 417
Boulder, CO 80309
Email: margot.kaminski@colorado.edu
Website: Colorado Law faculty profile
Margot Kaminski is an Associate Professor of Law at Colorado Law where she researches and writes on law and technology. Her work has focused on privacy, speech, and online civil liberties, in addition to international intellectual property law and legal issues raised by AI and robotics. Recently, much of her work has focused on domestic drones (UAVs or UASs).
Professor Kaminski has written widely for many law journals such as the University of Richmond Law Review, the Maryland Law Review, the Southern California Law Review, and the California Law Review Circuit. Her articles and op-ed pieces have also been published in the New York Times, Slate, and the New York Daily News, and she can often be heard on NPR’s On the Media.
Recently, Professor Kaminski was awarded the prestigious new Fulbright-Schuman Innovation Grant; she will be completing research for this project in Europe from January - June 2018. From 2011 to 2014, Professor Kaminski served as the executive director of the Information Society Project at Yale Law School, where she remains an affiliated fellow. Prior to her time at Yale ISP, she was a law clerk to the Honorable Andrew J. Kleinfeld of the Ninth Circuit Court of Appeals in Fairbanks, Alaska.
Degrees
J.D. Yale Law School, 2010
B.A. Harvard University, 2004
Recent Academic Article Summaries
Regulating the Risks of AI
Artificial intelligence-based systems (AI) present risks that might be hard to predict or quantity. Policymakers in Europe and the United States have developed proposals to regulate AI risks.
Policymakers should consider a broad range of tools in developing proposals to regulate AI.
Algorithmic Impact Assessments under the GDPR: Producing Multi-layered Explanations
The European Union's General Data Protection Direction (GDPR) addresses concerns with automated decision-making. Impact assessments support both individual privacy rights and oversight of the entire system.
Continuous assessments reveal the effect of algorithms on society and individuals.
SIRI-OUSLY 2.0: What Artificial Intelligence Reveals about the First Amendment
Machines that can actually think are referred to as strong Artificial intelligence (AI). The First Amendment might protect speech by strong AI. Courts focused on the value of speech to listeners and the need to constrain government power will be sympathetic to this view.
AI free speech could spur courts to clarify the value and limits of free expression.
Copyright's Framing Problem
Many copyrighted works can be divided into smaller parts. A court’s decision to frame a copyright dispute by considering the whole work often yields a different outcome than considering only a part. Framing decisions are inconsistent. But taking a unified approach to framing makes little sense.
Courts should consider many factors in deciding whether to consider a work as a whole, or divide it into parts.
Robots in the Home: What Will We Have Agreed To?
Robots in the home will challenge United States privacy law. Robots make recordings and communicate with third parties. Whether and when the law will keep these records private from police or private-sector actors depends on the details of the law regarding trespass, consent, and privacy.
Privacy law must adapt to protect privacy in the age of robotics. Companies that make robots should design privacy policies to protect user’s privacy.
Blog Posts
Quotes in the News
Kaminski, M. (2017, June 27). The New York Times.“...the transparency provided by the Guardian leak is important. If there’s any hope for individual users to influence Facebook’s speech governance, they’ll have to know how this system works — in the same way citizens understand what the Constitution protects — and leverage that knowledge.”
Margot Kaminski
Associate Professor of Law
Colorado Law
University of Colorado
Kaminski, M. (2017, March 2). Popular Science.“The core of their argument is the government shouldn’t get to gather the recording of the user’s intellectual activity—their queries to Alexa, the books they purchased, that sort of stuff—without some kind of heightened protection.”
Margot Kaminski
Associate Professor of Law
Colorado Law
University of Colorado
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