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 response to a mid-life crisis is to spend a lot of money on things. Rather, because with the Internet in its middle-age, we face the key question of re-boot, and… ...
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 in extended and recurring fights that delay the implementation of new uses and technologies. To foster productive discussions among a variety of stakeholders about why these challenges occur and what… ...
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 within the Messages application. Many privacy advocates raised serious concerns over the processes Apple proposed and the possibility of exploiting this technology for other ends—“function creep”—with a potential chilling effect… ...
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 rarely know that the metadata and telemetry information is being collected and almost never know the uses to which it is being put. Second, we show that consumers, even if… ...
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. And then I will suggest some steps we can take to get better at handling spectrum conflicts efficiently and in ways that create the best outcomes for the American people."… ...
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 2023 Flagship Conference: The Internet's Midlife Crisis ...
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 of collisions involving both advanced driver assistance systems and autonomous vehicles. After explicating how the existing civil liability regime would likely manage motor vehicle accidents involving ADAS technologies, this paper… ...
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 sensitive information that can be revealed by analyzing a person’s eye activities, we may see a new—and potentially lucrative—market emerge for the collection, analysis, and resale of eye-tracking data to… ...
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, national origin, race, religion, sex, and veteran status. Consequently, federal regulators of these sectors have increased their technical capabilities and indicated an interest in AI-related enforcement to help protect employees… ...
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 digital media. On the other hand, the NFT market is ripe for speculative investment and vulnerable to criminal activity. To date, there appears to be no consensus on the regulation… ...