Category Archives: Talks & Conferences

Big Data: Destroyer of Informed Consent

My guest post Big Data: Destroyer of Informed Consent for this Friday’s Yale Workshop on “The Law and Policy of AI, Robotics & Telemedicine” is now online at the Balkanization blog.

Consent, that is ‘notice and choice,’ is a fundamental concept in the U.S. approach to data privacy, as it reflects principles of individual autonomy, freedom of choice, and rationality. Big Data, however, makes the traditional approach to informed consent incoherent and unsupportable, and indeed calls the entire concept of consent, at least as currently practiced in the U.S., into question.

Big Data kills the possibility of true informed consent because by its very nature one purpose of big data analytics is to find unexpected patterns in data. Informed consent requires at the very least that the person requesting the consent know what she is asking the subject to consent to. In principle, we hope that before the subject agrees she too comes to understand the scope of the agreement. But with big data analytics, particularly those based on Machine Learning, neither party to that conversation can know what the data may be used to discover.

I then go on to discuss the Revised Common Rule, which governs any federally funded human subjects research. The revision takes effect in early 2019, and it relaxes the informed consent rule in a way that will set a bad precedent for private data mining and research. Henceforth researchers will be permitted to obtain open-ended “broad consent”–-i.e. “prospective consent to unspecified future research”–-instead of requiring informed consent, or even ordinary consent, on a case-by-case basis. That’s not a step forward for privacy or personal control of data, and although it’s being driven by genuine public health concerns the side-effects could be very widespread.

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Organizing the Federal Government’s Regulation of AI

Jack Balkin is running blog posts summarizing contributions to this Friday’s Yale Workshop on “The Law and Policy of AI, Robotics & Telemedicine“.

One of my two summaries is online at Balkanization, Organizing the Federal Government’s Regulation of AI.  In it I argue that most issues relating to medical AI shouldn’t be regulated separately from AI in general; there are real issues of policy but they’re complicated.  A first step should be to set up a national think tank and coordination center in the White House that could advise both agencies and state and local governments.

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Talks & Travels

I’m in Berkeley for an AI workshop for the next couple of days.

Oct 4-7 I’ll be in Amsterdam for the Amsterdam Privacy Conference.

Nov 2-3 I’ll be in New Haven for the AI and Robotics in Medicine Roudtable.

Maybe I’ll see you at one of these?

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We Robot 2019 Now Accepting Paper & Demo Proposals

We invite submissions for the 8th annual robotics law and policy conference—We Robot 2019—to be held at the University of Miami in Coral Gables, Florida, USA, on April 11-13, 2019. Previously, the conference has been held at University of Miami, University of Washington, Stanford, and Yale. The conference web site is at http://robots.law.miami.edu/2019.

We Robot 2019 seeks contributions by American and international academics, practitioners, and others, in the form of scholarly papers, technological demonstrations, or posters. We Robot fosters conversations between the people designing, building, and deploying robots and the people who design or influence the legal and social structures in which robots will operate. We particularly encourage papers that reflect interdisciplinary collaborations between developers of robotics, AI, and related technology and experts in the humanities, social science, and law and policy.

This conference will build on a growing body of scholarship exploring how the increasing sophistication and autonomous decision-making capabilities of robots and their widespread deployment everywhere from the home, to hospitals, to public spaces, to the battlefield disrupts existing legal regimes or requires rethinking policy issues.

We invite proposals for each of the following:

  • Scholarly papers
  • Demonstrations
  • Poster sessions


Continue reading

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Grossman on We Robot 2018

In what has become an annual tradition, Wendy Grossman provides the best write-up of We Robot 2018 you are going to read.

See you in Miami next year!

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UF Privacy & Media Conference

I’m at the University of Florida’s Technology, Media & Privacy Law Conference today, speaking on a panel on “Anonymity in the New Media Landscape: Free Speech or Invasion of Privacy & Defamation?”.

The whole event is being live-streamed in two parts: Morning and Afternoon.

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