Printed Media
Digital Media
Day 2 Keynote Remarks; Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis September, 2023 Issue 2, Printed, Volume 21 - Excerpt "I want to speak today about a hard problem: the challenge of getting industrial policy right, something I feel we spent a lot of time brooding about in the White House. I’d like to address that challenge in the context of this conference’s theme—the midlife crisis of the internet—and not just because a traditional… {read more...}
Conference Outcomes Report: Silicon Flatirons 2022 Spectrum Policy Initiative Conference September, 2023 Issue 2, Printed, Volume 21 - Introduction As the importance and demand for access to the radio spectrum (“spectrum”) continues to increase, the task of identifying the “highest and best” uses of spectrum looms ever larger in the minds of regulators and stakeholders. This increasing focus is largely due in part to the reality that spectrum allocation decisions are often mired… {read more...}
Walling Off Privacy: Apple’s NeuralHash Controversy, The ECPA, The Fourth Amendment, and Encryption September, 2023 Issue 2, Printed, Volume 21 - Abstract In August of 2021, Apple announced a series of controversial features for its iPhone iOS 15 operating system designed to combat the spread of child sexual abuse material (CSAM). Two of the most notable features included: (1) client-side scanning of photos stored within the iCloud Photos application and (2) content moderation of user communications… {read more...}
Reversing Privacy Risks: Strict Limitations on the Use of Communications Metadata and Telemetry Information September, 2023 Issue 2, Printed, Volume 21 - Excerpt "In this paper, we examine private-sector collection and use of metadata and telemetry information and provide three main contributions: First, we lay out the extent to which “non-content”—the hidden parts of Internet communications (aspects the user does not explicitly enter) and telemetry—are highly revelatory of personal behavior. We show that, privacy policies notwithstanding, users … {read more...}
Resolving Interference Conflicts Among “Highest and Best” Uses of the Radio Spectrum September, 2023 Issue 2, Printed, Volume 21 - Excerpt "With so many uses competing for a scarce public resource, resolving conflicts is part of the policy process. Today, I hope to convince you that the fact that we have spectrum conflicts—as frustrating as some of them can be—is not itself a sign that something is wrong; it’s how we manage them that matters.… {read more...}
Day 1 Keynote Remarks: “Social Media and Democracy” Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis September, 2023 Issue 2, Printed, Volume 21 - Michael Bennet is a U.S. Senator from the State of Colorado. Bennet delivered these remarks at the Silicon Flatirons Center’s 2023 Flagship Conference, The Internet’s Midlife Crisis on February 5, 2023. A video of this speech can be found under “Conference Video Playlist” at https://siliconflatirons.org/events/the-internets-midlife-crisis-2023/ [https://perma.cc/73NX-P7R2]. PDF Link: “Social Media and Democracy” Silicon Flatirons… {read more...}
Where Tech Meets Tort: A Survey of Geistfeld’s Approach to Autonomous Vehicles and the Civil Liability Regime August, 2023 Issue 1, Printed, Volume 21 - Abstract: This paper explores how advanced driver assistance systems (ADAS) and autonomous vehicles (AVs) interact with the current civil liability regime. Section I discusses different driving technologies, from least to most advanced (ADAS to AVs), while highlighting the legal issues posed by each system. These driving technologies have shortcomings that can be demonstrated by examples… {read more...}
What Are You Looking At? Emerging Privacy Concerns with Eye Tracking in Virtual Reality August, 2023 Issue 1, Printed, Volume 21 - Abstract This note explores how the implementation of eye-tracking in virtual reality headsets raises novel biometric privacy concerns, specifically as it relates to information revealed from tracking individual eye activity. Virtual reality and eye-tracking technologies are expected to experience a significant uptick in consumer adoption over the coming years. Due to the wide range of… {read more...}
The Disparate Impact of Artificial Intelligence and Machine Learning August, 2023 Issue 1, Printed, Volume 21 - Abstract The use of artificial intelligence (AI) models to make decisions about actual or potential employees and consumers carries the risk of “disparate impact”—unintentional discrimination. Employment and credit markets are of particular interest to the legal community because both are subject to regulations that prohibit discrimination by classes such as age, color, disability, genetic information,… {read more...}
Imperfect Digital Certificates of Provenance: A Categorical Risk-Based Approach to Non-Fungible Tokens (NFTS) August, 2023 Issue 1, Printed, Volume 21 - Abstract Non-fungible tokens (“NFTs”) are an emerging digital asset that has captured worldwide attention with multi-million-dollar price tags for what appear to be basic pixelated JPEG files and a total market value reaching into the tens of billions. On one hand, NFTs may be poised to revolutionize creative industries and drastically alter consumer interaction with… {read more...}
Healthcare Access and Equity Amidst the Rise of Telehealth October, 2021 Digital - Healthcare Access and Equity Amidst the Rise of Telehealth Discussions about healthcare--what services should be provided, who should receive them, and who should pay for them--have been brought to the social and political forefront of the American zeitgeist. Regardless of viewpoint, the crux of the conversation is if and how best to achieve equity in… {read more...}
In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change October, 2021 Digital - In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change If nothing else, Americans deserve a fair court system. A judicial system with a faithless population loses credibility; throughout history, loss of credibility in judicial systems has… {read more...}
Should the game stop with Gamestop? February, 2021 Digital - RobinHood, Reddit, Retail Investors, and the Role of Regulation In the course of a week, the share price of GameStop increased by almost 1000%, from $39 per share to around $350 at its peak. The gaming retailer did not suddenly and dramatically change its business model, nor did prospects for the chain of brick-and-mortar stores… {read more...}
Broadband: The Lifeline of Innovation October, 2020 Digital - Lifeline is what the name says, it is an assistance program that creates a line to the outside world necessary to live. Today, that takes the form of broadband, when it began in the 1980’s it was the landline phone. What is Lifeline? Since its inception, Lifeline has been trying to help the part of… {read more...}
Law School Memes for Edgy T14s March, 2020 Digital - "Who is intellectual property? I don't know her." The exact date of the internet’s advent continues to be debated by scholars, but the origin of one of the internet’s most popular content mediums can be traced directly back to 1976, and the publication of Richard Dawkins’ The Selfish Gene. It was in this book that… {read more...}
Zero Sum War Games March, 2020 Digital - How separating soldiers from the theatre of war creates new human costs U.S. Air National Guard photo by Senior Master Sgt. Robert Shepherd On January 3rd, 2020 the United States killed Qasem Suleimani with an MQ-9 Reaper. This drone is manufactured by General Atomics and operated by the U.S. Air Force, U.S. Customs and Border… {read more...}