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AI & ROBOTICS
GOVERNANCE: THE POLICY
CHALLENGES AHEAD
ADAM THIERER
SENIOR RESEARCH FELLOW, MERCATUS CENTER AT GEORGE MASON
UNIVERSITY
LAST UPDATED: AUGUST 2022
What Policy Future for AI, Robotics &
the “Computational Revolution”?
AI & THE “COMPUTATIONAL REVOLUTION”
• Algorithms: a set of instructions the describe the way to solve specific problems
• Machine learning: processes by which a computer can train and improve an
algorithm or computer model without step-by-step human involvement
• Artificial intelligence: the exhibition of intelligence by a machine
• Big Data & “ubiquitous computing” (eventually quantum computing)
• Robotics & “Internet of Things”
All these things build on each other = “combinatorial innovation”
Eventually, all sectors and all policy will be touched by the computational
revolution in some fashion.
PROFOUNDLY IMPORTANT TO OUR FUTURE
• The computational revolution has profound impact on global
competitive advantage & national security issues.
• Essential that U.S. maintains a leadership position in global
innovation
• We must:
1.Maximize the potential for innovation, entrepreneurialism,
investment, and worker opportunities (= promotional activities)
2.Develop a flexible governance framework to address various ethical
concerns about AI development (= governance activities)
Problem:
Conceptions of AI & Robotics Shaped
by Dystopian Narratives
Popular culture suggests WE’RE DOOMED!
Technopanic dominates news headlines
How Might Dystopian Attitudes Influence
Policy?
What should the default
position be in debates over
innovation policy?
Precautionary Principle?
or
Permissionless Innovation?
“PERMISSIONLESS INNOVATION”
= the general freedom to experiment & learn through trial-and-
error
• openness to change, disruption, risk-taking
• avoids prior restraints on innovation; best-case thinking
• give entrepreneurs more green lights than red ones
• innovation innocent until proven guilty
• also called:
• “the innovation principle” / “the proactionary principle”
• “freedom to innovate”
THE “PRECAUTIONARY PRINCIPLE”
= crafting public policies to control or limit new innovations
until their creators can prove that they won’t cause any
harms.
• “better to be safe than sorry” mentality; worst-case
thinking
• gives entrepreneurs the red light
• preemptive policy restraints on innovation
• innovation basically guilty until proven innocent
THE CONFLICT OF VISIONS OVER INNOVATION
POLICY
Innovation should be free-wheeling must be carefully guided
Priority Spontaneity / experimentation Stability / equilibrium
Risk adaptation is preferred anticipation is preferred
Solutions
Reactive (ex post)
bottom-up remedies
Preemptive (ex ante)
top-down controls/solutions
Presumption “innocent until proven guilty” “guilty until proven innocent”
Ethos
“Nothing ventured, nothing
gained”
“Better to be safe than sorry”
Source: Adam Thierer, Mercatus Center
WHERE WILL INNOVATION DEFAULTS BE SET?
Top-down
(ex ante) Solutions
Bottom-up
(ex post) Solutions
Consumer protection
law
Common law
Torts
Contract/Property law
Social norms
New competition
Learning / Coping
Best practices
Educational efforts
Transparency
Sandboxes
Self-regulation
other “soft law”
Licensing
Permits
Restrictive defaults
Recall authority
Nudges
other mandates
Product bans
Entry barriers
Sales restrictions
State ownership
Censorship
Permissionless Innovation Precautionary Principle
Source: Adam Thierer, Mercatus Center
What’s Specifically Motivating Calls
for Regulation of AI & Robotics?
ISSUE DRIVERS FOR AI REGULATION
1) Fairness / Non-discrimination (“algorithmic
justice”)
2) Transparency / Explainability
3) Safety (both physical & mental) + Security
4) Privacy
5) Economic disruption / automation concerns
6) “Existential risk” (“runaway AI” / “killer robots”)
Challenge: How to define & enforce these amorphous
principles through regulation? And what it values
THE SOLUTION: ALIGNING AI & HUMAN VALUES
1) “Baking in” best practices and aligning AI design with
widely-shared goals and values; and,
2) Keeping humans “in the loop” at critical stages of this
process to ensure that they can continue to guide and
occasionally realign those values and best practices as
needed.
The Hard Question: Should this be accomplished through
top-down “hard law” regulation or bottom-up “soft law”
WHAT'S PAST (FOR THE NET)
IS PROLOGUE (FOR AI)??
WILL THE INTERNET MODEL
GOVERN?
U.S. INTERNET GOVERNANCE VISION
• early 1990s: commercial opening of the Net
• 1996: Telecom Act passes; keeps Internet largely free of old regs
• 1997: Framework for Global Electronic Commerce:
1. “the private sector should lead. The Internet should develop as a market driven
arena not a regulated industry.”
2. “governments should avoid undue restrictions on electronic commerce” & “parties
should be able to enter into legitimate agreements to buy and sell products and
services across the Internet with minimal government involvement or intervention.”
3. “where governmental involvement is needed,” the Framework continued, “its aim
should be to support and enforce a predictable, minimalist, consistent and simple
legal environment for commerce.”
 lead to a strong role for soft law (especially multistakeholder processes) for digital
policy
COMMON INNOVATION FRAMEWORKS
INNOVATION FRAMEWORKS ACROSS
ADMINISTRATIONS SHARED MUCH IN
COMMON
1. Calls for expanded R&D funding; tax credits
2. Focus on strengthening STEM education
3. Calls for “re-skilling” workers for new jobs
4. General support for strong IP protection
5. Support for immigration policies that attract skilled labor (except
Trump)
6. General openness to risk-taking / entrepreneurialism & small biz
formation
7. “Light-touch” regulatory approaches & ex post enforcement efforts
8. Increased reliance on soft law and multistakeholder processes
AI VISION: OBAMA YEARS
“The way I’ve been thinking about the
regulatory structure as AI emerges is that,
early in a technology, a thousand flowers
should bloom. And the government should
add a relatively light touch, investing
heavily in research and making sure there’s
a conversation between basic research and
applied research.”
- President Obama (2016)
AI VISION: TRUMP YEARS
“We recognize that we don’t need to impose
preemptive, overly-burdensome, and
innovation-killing regulations to stay true to
our values. The United States is demonstrating
how this model of innovation works.”
- Michael Kratsios, US CTO (2019)
“SOFT LAW” ON THE RISE FOR EMERGING
TECH
= Informal, collaborative, experimental & constantly evolving
governance mechanisms
• Guidance documents
• “Sandboxes” (informal consultations) & soft nudges
• Multistakeholder processes
• Agency workshops & reports
• Best practices & codes of conduct
• Industry self-regulation, co-regulation & other collaborative efforts
Soft law has become the dominant modus operandi for modern technological
governance, at least in the United States.
NIST
CPSC
DoD
DoT
FTC
CASE STUDY: SOFT LAW FOR AVS
Our “rules of the road” for AVs aren’t rules at all
Congress won’t act, so soft law fills the void
EX POST HARD LAW SUPPLEMENTS SOFT
LAW
Ex post (after-the-fact) enforcement schemes are an important part of
“permissionless innovation”
• Federal and state consumer protection statutes and agencies – “unfair &
deceptive practices” remedies; other consumer anti-fraud protections
• Product recall authority – NHTSA, CPSC, FDA all can recall defective products
• Common law – torts, class actions, product liability, negligence, design defects
law, failure to warn, breach of warranty, property law and contract law
• Whistleblower protections
• Other targeted statues – laws to address hardest problems after other remedies
exhausted
PRECAUTIONARY AI
REGULATION COMING?
KEY AI POLICY STATEMENTS: CHINA & EU
China
• 2015: Made in China 2025 strategic plan
• 2017: A New Generation Artificial Intelligence Development Plan
European Union
• 2017: Civil Law on Robotics
• 2018: High-Level Expert Group on Artificial Intelligence (AI HLEG) formed
• 2018: General Data Protection Regulation (GDPR)
• 2018: Ethics Guidelines for Trustworthy AI
• 2019: Policy and Investment Recommendations for Trustworthy Artificial Intelligence
• 2020: White Paper on Artificial Intelligence
• 2020: Report on the Safety and Liability Implications of Artificial Intelligence, the Internet of Things,
and Robotics
• 2021: EU Artificial Intelligence Act
RECENT U.S. REGULATORY PROPOSALS
PRECAUTIONARY PRINCIPLE FOR AI
• Algorithmic Accountability Act
• Artificial Intelligence Initiative
Act
• Future of Artificial Intelligence
Act
• Advancing Artificial Intelligence
Research Act
• National AI Research Resource
Task Force Act
• Federal Robotics Commission
• AI Control Council
• National Algorithmic
Technology Safety Admin.
• National Technology Strategy
Agency
• “FDA for Algorithms”
Proposed Laws Proposed Agencies
BIDEN ADMIN CALL FOR “AI BILL OF
RIGHTS”
• “a Bill of Rights for an AI-Powered
World” to “guard against the
powerful technologies we have
created.”
• suggested need for “new laws and
regulations to fill gaps,” and that
“States might choose to adopt
similar practices.”
• launched the National Artificial
Intelligence Research Resource Task
Force to study issues
ALGORITHMIC AUDITING / AI IMPACT
ASSESSMENTS
= have developers conduct reviews of algorithmic systems to
evaluate how well they were aligned with various ethical values or
other commitments
• can help ensure organizations live up their promises
• already utilized in other fields to address safety practices, financial
accountability, labor practices and human rights issues, supply chain
practices & various environmental concerns.
• But, mandated? Or self-regulatory?
• One model: International Association of Privacy Professionals (IAPP) trains
and certifies privacy professionals through formal credentialing programs,
supplemented by regular meetings, annual awards, and a variety of outreach
and educational initiatives.
• We should use similar model for AI and start by supplementing Chief Privacy
THE “PACING PROBLEM” CHALLENGES REGULATION
Pace of
Change
Time
Technological
Change
Political
Change
Pacing
Problem
GETTING THE BALANCE RIGHT
• AI ethical concerns deserve serious consideration and appropriate
governance steps to ensure that these systems are beneficial to society.
• But there is an equally compelling public interest in ensuring that AI
innovations are developed and made widely available to help improve
human well-being across many dimensions.
• No need to worry about the future if inventors can’t even create it first!
• We need to strike this balance with humility and patience in mind.
• Flexible, agile governance deserves a chance before we bring in the
hammer of the Precautionary Principle.
LET’S GIVE INNOVATION A CHANCE
START AROUND HERE! … NOT HERE
Top-down
(ex ante) Solutions
Bottom-up
(ex post) Solutions
Consumer protection
law
Common law
Torts
Contract/Property law
Social norms
New competition
Learning / Coping
Best practices
Educational efforts
Transparency
Sandboxes
Self-regulation
other “soft law”
Licensing
Permits
Restrictive defaults
Recall authority
Nudges
other mandates
Product bans
Entry barriers
Sales restrictions
State ownership
Censorship
Permissionless Innovation Precautionary Principle
Source: Adam Thierer, Mercatus Center
ADDITIONAL READING FROM ADAM
THIERER
• Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom, 2nd ed. (2016).
• “Why the Future of AI Will Not Be Invented in Europe,” Technology Liberation Front, August 1, 2022.
• “Existential Risks & Global Governance Issues around AI & Robotics,” [DRAFT CHAPTER, July 2022].
• “How Science Fiction Dystopianism Shapes the Debate over AI & Robotics,” Discourse, July 26, 2022.
• “Why is the US Following the EU’s Lead on Artificial Intelligence Regulation?” The Hill, July 21, 2022.
• “Algorithmic Auditing and AI Impact Assessments: The Need for Balance,” Medium, July 13, 2022.
• “What I Learned about the Power of AI at the Cleveland Clinic,” Medium, May 6, 2022.
• Governing Emerging Technology in an Age of Policy Fragmentation and Disequilibrium, American Enterprise Institute (April 2022).
• “Elon Musk and the Coming Federal Showdown Over Driverless Vehicles,” Discourse, November 22, 2021.
• “A Global Clash of Visions: The Future of AI Policy,” The Hill, May 4, 2021.
• “A Brief History of Soft Law in ICT Sectors: Four Case Studies,” Jurimetrics, Vol. 61 (Fall 2021): 79-119.
• “U.S. Artificial Intelligence Governance in the Obama–Trump Years,” IEEE Transactions on Technology and Society, Vol, 2, Issue 4 (2021).
• “The Worst Regulation Ever Proposed,” The Bridge, September 2019.
• “Soft Law for Hard Problems: The Governance of Emerging Technologies in an Uncertain Future,” Colorado Tech. Law Jour, Vol. 17 (2018).
• “OMB’s AI Guidance Embodies Wise Tech Governance,” Mercatus Center Public Comment, March 13, 2020.
• “Europe’s New AI Industrial Policy,” Medium, February 20, 2020.
• “Trump’s AI Framework & the Future of Emerging Tech Governance,” Medium, January 8, 2020.
• “Counterpoint: Regulators Should Allow the Greatest Space for AI Innovation,” Communications of the ACM, Vol. 61 (December 2018).
• “Artificial Intelligence and Public Policy,” Mercatus Research (2017).
• “Shouldn’t the Robots Have Eaten All the Jobs at Amazon By Now?” Technology Liberation Front, July 26, 2017.
• “The Day the Machines Took Over,” Medium, May 11, 2017.
• “When the Trial Lawyers Come for the Robot Cars,” Slate, June 10, 2016.
• “Learning by Doing,” the Process of Innovation & the Future of Employment,” Technology Liberation Front, September 25, 2015.
ADAM THIERER
athierer@mercatus.gmu.edu

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AI and Robotics policy overview - Adam Thierer (Aug 2022)

  • 1. AI & ROBOTICS GOVERNANCE: THE POLICY CHALLENGES AHEAD ADAM THIERER SENIOR RESEARCH FELLOW, MERCATUS CENTER AT GEORGE MASON UNIVERSITY LAST UPDATED: AUGUST 2022
  • 2. What Policy Future for AI, Robotics & the “Computational Revolution”?
  • 3. AI & THE “COMPUTATIONAL REVOLUTION” • Algorithms: a set of instructions the describe the way to solve specific problems • Machine learning: processes by which a computer can train and improve an algorithm or computer model without step-by-step human involvement • Artificial intelligence: the exhibition of intelligence by a machine • Big Data & “ubiquitous computing” (eventually quantum computing) • Robotics & “Internet of Things” All these things build on each other = “combinatorial innovation” Eventually, all sectors and all policy will be touched by the computational revolution in some fashion.
  • 4. PROFOUNDLY IMPORTANT TO OUR FUTURE • The computational revolution has profound impact on global competitive advantage & national security issues. • Essential that U.S. maintains a leadership position in global innovation • We must: 1.Maximize the potential for innovation, entrepreneurialism, investment, and worker opportunities (= promotional activities) 2.Develop a flexible governance framework to address various ethical concerns about AI development (= governance activities)
  • 5. Problem: Conceptions of AI & Robotics Shaped by Dystopian Narratives
  • 6. Popular culture suggests WE’RE DOOMED!
  • 8. How Might Dystopian Attitudes Influence Policy?
  • 9. What should the default position be in debates over innovation policy? Precautionary Principle? or Permissionless Innovation?
  • 10. “PERMISSIONLESS INNOVATION” = the general freedom to experiment & learn through trial-and- error • openness to change, disruption, risk-taking • avoids prior restraints on innovation; best-case thinking • give entrepreneurs more green lights than red ones • innovation innocent until proven guilty • also called: • “the innovation principle” / “the proactionary principle” • “freedom to innovate”
  • 11. THE “PRECAUTIONARY PRINCIPLE” = crafting public policies to control or limit new innovations until their creators can prove that they won’t cause any harms. • “better to be safe than sorry” mentality; worst-case thinking • gives entrepreneurs the red light • preemptive policy restraints on innovation • innovation basically guilty until proven innocent
  • 12. THE CONFLICT OF VISIONS OVER INNOVATION POLICY Innovation should be free-wheeling must be carefully guided Priority Spontaneity / experimentation Stability / equilibrium Risk adaptation is preferred anticipation is preferred Solutions Reactive (ex post) bottom-up remedies Preemptive (ex ante) top-down controls/solutions Presumption “innocent until proven guilty” “guilty until proven innocent” Ethos “Nothing ventured, nothing gained” “Better to be safe than sorry” Source: Adam Thierer, Mercatus Center
  • 13. WHERE WILL INNOVATION DEFAULTS BE SET? Top-down (ex ante) Solutions Bottom-up (ex post) Solutions Consumer protection law Common law Torts Contract/Property law Social norms New competition Learning / Coping Best practices Educational efforts Transparency Sandboxes Self-regulation other “soft law” Licensing Permits Restrictive defaults Recall authority Nudges other mandates Product bans Entry barriers Sales restrictions State ownership Censorship Permissionless Innovation Precautionary Principle Source: Adam Thierer, Mercatus Center
  • 14. What’s Specifically Motivating Calls for Regulation of AI & Robotics?
  • 15. ISSUE DRIVERS FOR AI REGULATION 1) Fairness / Non-discrimination (“algorithmic justice”) 2) Transparency / Explainability 3) Safety (both physical & mental) + Security 4) Privacy 5) Economic disruption / automation concerns 6) “Existential risk” (“runaway AI” / “killer robots”) Challenge: How to define & enforce these amorphous principles through regulation? And what it values
  • 16. THE SOLUTION: ALIGNING AI & HUMAN VALUES 1) “Baking in” best practices and aligning AI design with widely-shared goals and values; and, 2) Keeping humans “in the loop” at critical stages of this process to ensure that they can continue to guide and occasionally realign those values and best practices as needed. The Hard Question: Should this be accomplished through top-down “hard law” regulation or bottom-up “soft law”
  • 17. WHAT'S PAST (FOR THE NET) IS PROLOGUE (FOR AI)?? WILL THE INTERNET MODEL GOVERN?
  • 18. U.S. INTERNET GOVERNANCE VISION • early 1990s: commercial opening of the Net • 1996: Telecom Act passes; keeps Internet largely free of old regs • 1997: Framework for Global Electronic Commerce: 1. “the private sector should lead. The Internet should develop as a market driven arena not a regulated industry.” 2. “governments should avoid undue restrictions on electronic commerce” & “parties should be able to enter into legitimate agreements to buy and sell products and services across the Internet with minimal government involvement or intervention.” 3. “where governmental involvement is needed,” the Framework continued, “its aim should be to support and enforce a predictable, minimalist, consistent and simple legal environment for commerce.”  lead to a strong role for soft law (especially multistakeholder processes) for digital policy
  • 20. INNOVATION FRAMEWORKS ACROSS ADMINISTRATIONS SHARED MUCH IN COMMON 1. Calls for expanded R&D funding; tax credits 2. Focus on strengthening STEM education 3. Calls for “re-skilling” workers for new jobs 4. General support for strong IP protection 5. Support for immigration policies that attract skilled labor (except Trump) 6. General openness to risk-taking / entrepreneurialism & small biz formation 7. “Light-touch” regulatory approaches & ex post enforcement efforts 8. Increased reliance on soft law and multistakeholder processes
  • 21. AI VISION: OBAMA YEARS “The way I’ve been thinking about the regulatory structure as AI emerges is that, early in a technology, a thousand flowers should bloom. And the government should add a relatively light touch, investing heavily in research and making sure there’s a conversation between basic research and applied research.” - President Obama (2016)
  • 22. AI VISION: TRUMP YEARS “We recognize that we don’t need to impose preemptive, overly-burdensome, and innovation-killing regulations to stay true to our values. The United States is demonstrating how this model of innovation works.” - Michael Kratsios, US CTO (2019)
  • 23. “SOFT LAW” ON THE RISE FOR EMERGING TECH = Informal, collaborative, experimental & constantly evolving governance mechanisms • Guidance documents • “Sandboxes” (informal consultations) & soft nudges • Multistakeholder processes • Agency workshops & reports • Best practices & codes of conduct • Industry self-regulation, co-regulation & other collaborative efforts Soft law has become the dominant modus operandi for modern technological governance, at least in the United States.
  • 25. CASE STUDY: SOFT LAW FOR AVS Our “rules of the road” for AVs aren’t rules at all Congress won’t act, so soft law fills the void
  • 26. EX POST HARD LAW SUPPLEMENTS SOFT LAW Ex post (after-the-fact) enforcement schemes are an important part of “permissionless innovation” • Federal and state consumer protection statutes and agencies – “unfair & deceptive practices” remedies; other consumer anti-fraud protections • Product recall authority – NHTSA, CPSC, FDA all can recall defective products • Common law – torts, class actions, product liability, negligence, design defects law, failure to warn, breach of warranty, property law and contract law • Whistleblower protections • Other targeted statues – laws to address hardest problems after other remedies exhausted
  • 28. KEY AI POLICY STATEMENTS: CHINA & EU China • 2015: Made in China 2025 strategic plan • 2017: A New Generation Artificial Intelligence Development Plan European Union • 2017: Civil Law on Robotics • 2018: High-Level Expert Group on Artificial Intelligence (AI HLEG) formed • 2018: General Data Protection Regulation (GDPR) • 2018: Ethics Guidelines for Trustworthy AI • 2019: Policy and Investment Recommendations for Trustworthy Artificial Intelligence • 2020: White Paper on Artificial Intelligence • 2020: Report on the Safety and Liability Implications of Artificial Intelligence, the Internet of Things, and Robotics • 2021: EU Artificial Intelligence Act
  • 29. RECENT U.S. REGULATORY PROPOSALS PRECAUTIONARY PRINCIPLE FOR AI • Algorithmic Accountability Act • Artificial Intelligence Initiative Act • Future of Artificial Intelligence Act • Advancing Artificial Intelligence Research Act • National AI Research Resource Task Force Act • Federal Robotics Commission • AI Control Council • National Algorithmic Technology Safety Admin. • National Technology Strategy Agency • “FDA for Algorithms” Proposed Laws Proposed Agencies
  • 30. BIDEN ADMIN CALL FOR “AI BILL OF RIGHTS” • “a Bill of Rights for an AI-Powered World” to “guard against the powerful technologies we have created.” • suggested need for “new laws and regulations to fill gaps,” and that “States might choose to adopt similar practices.” • launched the National Artificial Intelligence Research Resource Task Force to study issues
  • 31. ALGORITHMIC AUDITING / AI IMPACT ASSESSMENTS = have developers conduct reviews of algorithmic systems to evaluate how well they were aligned with various ethical values or other commitments • can help ensure organizations live up their promises • already utilized in other fields to address safety practices, financial accountability, labor practices and human rights issues, supply chain practices & various environmental concerns. • But, mandated? Or self-regulatory? • One model: International Association of Privacy Professionals (IAPP) trains and certifies privacy professionals through formal credentialing programs, supplemented by regular meetings, annual awards, and a variety of outreach and educational initiatives. • We should use similar model for AI and start by supplementing Chief Privacy
  • 32. THE “PACING PROBLEM” CHALLENGES REGULATION Pace of Change Time Technological Change Political Change Pacing Problem
  • 33. GETTING THE BALANCE RIGHT • AI ethical concerns deserve serious consideration and appropriate governance steps to ensure that these systems are beneficial to society. • But there is an equally compelling public interest in ensuring that AI innovations are developed and made widely available to help improve human well-being across many dimensions. • No need to worry about the future if inventors can’t even create it first! • We need to strike this balance with humility and patience in mind. • Flexible, agile governance deserves a chance before we bring in the hammer of the Precautionary Principle.
  • 34. LET’S GIVE INNOVATION A CHANCE START AROUND HERE! … NOT HERE Top-down (ex ante) Solutions Bottom-up (ex post) Solutions Consumer protection law Common law Torts Contract/Property law Social norms New competition Learning / Coping Best practices Educational efforts Transparency Sandboxes Self-regulation other “soft law” Licensing Permits Restrictive defaults Recall authority Nudges other mandates Product bans Entry barriers Sales restrictions State ownership Censorship Permissionless Innovation Precautionary Principle Source: Adam Thierer, Mercatus Center
  • 35. ADDITIONAL READING FROM ADAM THIERER • Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom, 2nd ed. (2016). • “Why the Future of AI Will Not Be Invented in Europe,” Technology Liberation Front, August 1, 2022. • “Existential Risks & Global Governance Issues around AI & Robotics,” [DRAFT CHAPTER, July 2022]. • “How Science Fiction Dystopianism Shapes the Debate over AI & Robotics,” Discourse, July 26, 2022. • “Why is the US Following the EU’s Lead on Artificial Intelligence Regulation?” The Hill, July 21, 2022. • “Algorithmic Auditing and AI Impact Assessments: The Need for Balance,” Medium, July 13, 2022. • “What I Learned about the Power of AI at the Cleveland Clinic,” Medium, May 6, 2022. • Governing Emerging Technology in an Age of Policy Fragmentation and Disequilibrium, American Enterprise Institute (April 2022). • “Elon Musk and the Coming Federal Showdown Over Driverless Vehicles,” Discourse, November 22, 2021. • “A Global Clash of Visions: The Future of AI Policy,” The Hill, May 4, 2021. • “A Brief History of Soft Law in ICT Sectors: Four Case Studies,” Jurimetrics, Vol. 61 (Fall 2021): 79-119. • “U.S. Artificial Intelligence Governance in the Obama–Trump Years,” IEEE Transactions on Technology and Society, Vol, 2, Issue 4 (2021). • “The Worst Regulation Ever Proposed,” The Bridge, September 2019. • “Soft Law for Hard Problems: The Governance of Emerging Technologies in an Uncertain Future,” Colorado Tech. Law Jour, Vol. 17 (2018). • “OMB’s AI Guidance Embodies Wise Tech Governance,” Mercatus Center Public Comment, March 13, 2020. • “Europe’s New AI Industrial Policy,” Medium, February 20, 2020. • “Trump’s AI Framework & the Future of Emerging Tech Governance,” Medium, January 8, 2020. • “Counterpoint: Regulators Should Allow the Greatest Space for AI Innovation,” Communications of the ACM, Vol. 61 (December 2018). • “Artificial Intelligence and Public Policy,” Mercatus Research (2017). • “Shouldn’t the Robots Have Eaten All the Jobs at Amazon By Now?” Technology Liberation Front, July 26, 2017. • “The Day the Machines Took Over,” Medium, May 11, 2017. • “When the Trial Lawyers Come for the Robot Cars,” Slate, June 10, 2016. • “Learning by Doing,” the Process of Innovation & the Future of Employment,” Technology Liberation Front, September 25, 2015.