Washington Journal of Law, Technology & Arts

Volume 14  | Fall 2018  | Number 1

Remarks on the Problem of Scope in IP

Mark P. McKenna
14 Wash. J.L. Tech. & Arts  1

2/25/2019

Intellectual Property

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Everyone Wants to See the Entire History of You

Caesar Kalinowski IV
14 Wash. J.L. Tech. & Arts  34

2/25/2019

Corporate & Commercial

Starting with heavy, immobile cameras and progressing to immediately shareable, discreet cellphone videos, the last century has expanded our ability to record ourselves and others—whenever and wherever—to formerly unfathomable heights. Black Mirror, a technology-based, sci-fi miniseries now produced by digital entertainment giant, Netflix, tracks this trajectory to its logical end in “The Entire History of You.” In this not-so-distant, sci-fi future where Google Glass is replaced by an “Augmented Reality Contact Lens and Grain,” everything we see and hear is immediately recorded and uploaded. Effectively, we no longer need memories to recall the past.
 
But as with all new technologies, and indeed all Black Mirror episodes, the Grain technology reveals an inherent flaw in humans: when everything is recorded, humans cannot relax in the comfort of hazy recollection or secret memories. In the context of the legal system, both government prosecutors and adverse civil parties will seek discovery of everything one has seen and heard. This article examines the constitutional and privacy issues raised by Grain technology, which will undoubtedly be here soon.

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Blame it on the Machine: A Socio-Legal Analysis of Liability in an AI World

Michael Callier and Harly Callier
14 Wash. J.L. Tech. & Arts  49

2/25/2019

Corporate & Commercial

As technology continues to evolve, interactions between humans and artificial intelligence (“AI”) will skyrocket. It is important to understand the impact AI can have on society, as well as the potential harm and subsequent liability that could result, and to develop best practices designed to address them. The U.S. needs a comprehensive framework to govern the design, creation, use and risks associated with AI. At the time of this writing, no such framework has been implemented.
 
This article takes a socio-legal, interdisciplinary approach to explore ideas on socio-ethical concerns and theories of liability related to AI, and applies a sociological perspective to assess existing legal frameworks that currently govern human-AI interaction. By adopting an interdisciplinary approach, this article seeks to encourage holistic and robust dialogue about how AI could be developed and operated, hoping that humans and AI can coexist harmoniously. It also proposes a framework to regulate such development in the U.S.
 
There are a few limitations in this article. First, due to the accelerated pace of technological change, the future state of AI will be different from the current state. Hence, the framework proposed in this article might eventually become obsolete. Second, this article is derived from secondary sources and, although the information collected includes rich empirical data, no primary data was generated other than the authors’ views. Third, only specific aspects of AI were selected for analysis – there are other factors in policy, sociology and law that are not addressed. Lastly, this article is primarily focused on Western cultures, North America and Europe in particular; hence, it might not be applicable globally.

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