2023

Day 2 Keynote Remarks; Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis

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 …

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Conference Outcomes Report: Silicon Flatirons 2022 Spectrum Policy Initiative Conference

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 …

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Walling Off Privacy: Apple’s NeuralHash Controversy, The ECPA, The Fourth Amendment, and Encryption

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 …

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Reversing Privacy Risks: Strict Limitations on the Use of Communications Metadata and Telemetry Information

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  …

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Resolving Interference Conflicts Among “Highest and Best” Uses of the Radio Spectrum

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. …

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Day 1 Keynote Remarks: “Social Media and Democracy” Silicon Flatirons 2023 Flagship Conference: The Internet’s Midlife Crisis

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 …

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Where Tech Meets Tort: A Survey of Geistfeld’s Approach to Autonomous Vehicles and the Civil Liability Regime

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 …

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What Are You Looking At? Emerging Privacy Concerns with Eye Tracking in Virtual Reality

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 …

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The Disparate Impact of Artificial Intelligence and Machine Learning

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, …

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Imperfect Digital Certificates of Provenance: A Categorical Risk-Based Approach to Non-Fungible Tokens (NFTS)

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 …

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