What Robotics Law Can Learn From Internet Law

What's to come?
Oct. 27 2014 11:41 AM

A Horse of a Different Color

What robotics law can learn from cyberlaw.

Japan’s Murata Manufacturing Co. Ltd’s Murata Cheerleader concept robots balance on balls and synchronize as a team by utilizing the latest sensing and communication technology
Japan’s Murata Manufacturing Co. Ltd’s Murata Cheerleader robots balance on balls and synchronize as a team by utilizing the latest sensing and communication technology. Robots present new legal challenges, different from those posed by the Internet.

Photo by Yuya Shino/Reuters

In the early days of dot-com, the law found the Internet unsettling. That a buyer in one location could access the website of a seller in any other forced courts to revisit basic questions of jurisdiction and federalism. The potential to share and edit software and other digital objects introduced novel questions of ownership and control. In the mid-’90s, a movement arose among legal academics to address these and similar challenges. The central tensions of “cyberlaw” flow from the characteristics that distinguish the Internet from prior or constituent technology such as computers or phones.

Twenty years in, some early cyberlaw questions have seen a kind of resolution. Legislatures or courts have weighed in on a range of topics from intermediary liability to free speech. Vigorous debate continues—around “net neutrality,” for instance, and the impossible wages of privacy. But even here participants have at least a sense of the basic positions and arguments.

Law, in other words, is catching up. But technology has not stood still. The same military that funded the early network that became the Internet now funds robotics competitions. The same household-name Internet companies that brought us search and social networks have begun a large-scale pivot toward robotics and artificial intelligence. Amazon purchased the robotics company Kiva Systems to organize its warehouses. Google seems to be on a robotics and AI shopping spree. State and federal lawmakers now find themselves authoring laws around the domestic use of drones and issuing license plates to cars without drivers.

Advertisement

Serious and thoughtful people have wondered aloud whether robots will require any different treatment under the law than previous or constituent technologies such as computers. As science-fiction writer Cory Doctorow puts it: “For the life of me, I can’t figure out a legal principle that would apply to the robot that wouldn’t be useful for the computer (and vice versa).” For law professor Neil Richards and robotics professor Bill Smart, “[r]obots are, and for many years will remain, tools. They are sophisticated tools that use complex software, to be sure, but no different in essence than a hammer.”

Cyberlaw had its share of doubters, too. In what has become cyberlaw lore, judge and Chicago law professor Frank Easterbrook took the inauspicious occasion of an inaugural cyberlaw conference keynote in 1996 to throw cold water on the entire enterprise. He famously likened studying Internet law to studying the law of the horse. Sure, many cases involve horses as a factual matter. Disputes arise when horses are bought and sold, cared for by veterinarians, or if they kick people. But “[a]ny effort to collect these strands into a course on ‘The Law of the Horse’ is doomed to be shallow and to miss unifying principles.” Cyberlaw is today taught at most law schools in the country (though, interestingly, not the University of Chicago).

I disagreed with Easterbrook then and I disagree with Doctorow now. Robotics has a different set of essential qualities than the Internet, which animate a new set of legal puzzles. The field combines, arguably for the first time, the promiscuity of information with the capacity to do physical harm. Today, software can touch you, which may force courts and regulators to strike a new balance. Robots display increasingly emergent behavior—in the Steven Johnson sense of wondrous complexity created by simple rules and interactions—permitting the technology to accomplish both useful and unfortunate tasks in unexpected ways. And robots, more so than any technology in history, feel to us like social actors—a tendency so strong that soldiers sometimes jeopardize themselves to preserve the “lives” of military robots in the field.

Unlike the Internet, robotics blurs the very line between people and instrument. If the United States does not maintain “effective control” over its autonomous submarines, perhaps they are not entitled to passage through Chinese waters under international law. If a defendant injures a person while trying to vandalize an anthropomorphic robot, rather than a wall, it arguably furthers the purposes of criminal and tort law to transfer intent. These are not scenarios about which cyberlaw has much to teach.

  Slate Plus
Behind the Scenes
Oct. 29 2014 3:45 PM The Great Writing Vs. Talking Debate Is it harder to be a good writer or a good talker?