The Personal and Social Implications of the End User License Agreement
March 6, 2019
As in-house counsel, I often read and write online licensing agreements for software. These agreements go by a variety of names, such as Terms of Service (ToS) or End User License Agreements (EULAs). These are the agreements you scroll through (without actually reading) and then click the “I Agree” box, thus legally binding yourself to […]
Do We Have Privacy Wrong?
August 21, 2018
Technology sparks changes in society, which brings changes in law, which can affect technology use and innovation. Privacy law in U.S. law provides a good demonstration of this technology, society, and law cycle. Recognition of a need for a right to privacy didn’t occur until December 15, 1890, when Samuel Warren and Louis Brandeis published […]
Should Artificial Intelligence Practice Law?
June 27, 2018
As in many other professions, artificial intelligence (AI) has been making inroads into the legal profession. A service called Donotpay uses AI to defeat parking tickets and arrange flight refunds. Morgan Stanley reduced its legal staff and now uses AI to perform 360,000 hours of contract review in seconds and a number of legal services […]
How Will the Law Treat Injuries Caused by Autonomous Vehicles?
April 12, 2018
A version of this article appeared in S&P Global Market Intelligence in April 2018. Recently, in Arizona, a self-driving Uber vehicle with a minder onboard struck and killed a cyclist. The deadly accident has raised familiar—and serious—philosophical and legal questions surrounding the rise of autonomous vehicles. There’s an important philosophical debate already being waged over […]