Mar 5th 2016

Apple vs. FBI: The tip of the iceberg as laws can’t keep up with tech

The battle between the FBI and Apple over the unlocking of a terrorist’s iPhone will likely require Congress to create new legislation. That’s because there really aren’t any existing laws which encompass technologies such as these. The battle is between security and privacy, with Silicon Valley fighting for privacy. The debates in Congress will be ugly, uninformed, and emotional. Lawmakers won’t know which side to pick and will flip flop between what lobbyists ask and the public’s fear du jour. And because there is no consensus on what is right or wrong, any decision they make today will likely be changed tomorrow.

This is a prelude of things to come, not only with encryption technologies, but everything from artificial intelligence to drones, robotics, and synthetic biology. Technology is moving faster than our ability to understand it and there is no consensus on what is ethical. It isn’t just the lawmakers who are not well-informed, the originators of the technologies themselves don’t understand the full ramifications of what they are creating. They may take strong positions today based on their emotions and financial interests but as they learn more, they too will change their views.

Imagine if there was a terror attack in Silicon Valley — at the headquarters of Facebook or Apple. Do you think that Tim Cook or Mark Zuckerberg would continue to put privacy ahead of national security?

It takes decades, sometimes centuries, to reach the type of consensus that is needed to enact the far-reaching legislation that Congress will have to consider. Laws are essentially codified ethics, a consensus that is reached by society on what is right and wrong. This happens only after people understand the issues and have seen the pros and cons.

Consider our laws on privacy. These date back to the late 1800s, when newspapers first started publishing gossip. They wrote a series of intrusive stories about Boston lawyer Samuel Warren and his family. This led his law partner, future U.S. Supreme Court Justice Louis Brandeis, writing a Harvard Law Review article “The Right of Privacy”  which argued for the right to be left alone. This essay laid the foundation of American privacy law, which evolved over 200 years. It also took centuries to create today’s copyright laws, intangible property rights, and contract law. All of these followed the development of technologies such as the printing press and steam engine.

Today, technology is progressing on an exponential curve; advances that would take decades now happen in years, sometimes months. Consider that the first iPhone was released in June 2007. It was little more than an iPod with an embedded cell phone. This has evolved into a device which captures our deepest personal secrets, keeps track of our lifestyles and habits, and is becoming our health coach and mentor. It was inconceivable just five years ago that there could be such debates about unlocking this device.

A greater privacy risk than the lock on the iPhone are the cameras and sensors that are being placed everywhere. There are cameras on our roads, in public areas and malls, and in office buildings. One company just announced that it is partnering with AT&T to track people’s travel patterns and behaviors through their mobile phones so that its billboards can display personalized ads. Even billboards will also include cameras to watch the expressions of passersby.

Cameras often record everything that is happening. Soon there will be cameras looking down at us from drones and in privately owned microsatellites. Our TVs, household appliances, and self-driving cars will be watching us. The cars will also keep logs of where we have been and make it possible to piece together who we have met and what we have done — just as our smartphones can already do. These technologies have major security risks and are largely unregulated. Each has its nuances and will require different policy considerations.

The next technology which will surprise, shock, and scare the public is gene editing.  CRISPR–Cas9 is a system for engineering genomes that was simultaneously developed by teams of scientists at different universities. This technology, which has become inexpensive enough for labs all over the world to use, allows the editing of genomes—the basic building blocks of life. It holds the promise of providing cures for genetic diseases, creating drought resistant and high-yield plants, and new sources of fuel. It can also be used to “edit” the genomes of animals and human beings.

China is leading the way in creating commercial applications for CRISPR, having edited goats, sheep, pigs, monkeys and dogs. It has given them larger muscles, more fur and meat, and altered their shapes and sizes. Scientists demonstrated that these traits can be passed to future generations, thereby creating a new species. China sees this as a way to feed its billion people and provide it a global advantage.

China has also made progress in creating designer babies. In April 2015, scientists in China revealed that they had tried using CRISPR to edit the genomes of human embryos. Although these embryos could not develop to term, viable embryos could one day be engineered to cure disease or provide desirable traits. The risk is that geneticists with good intentions could mistakenly engineer changes in DNA that generate dangerous mutations and cause painful deaths.

In Dec. 2015, an international group of scientists gathered at the National Academy of Sciences to call for a moratorium on making inheritable changes to the human genome until there is a “broad societal consensus about the appropriateness” of any proposed change. But then, this February the British government announced that it has approved experiments by scientists at Francis Crick Institute to treat certain cases of infertility. I have little doubt that these scientists will not cross any ethical lines. But is there anything to stop governments themselves from surreptitiously working to develop a race of superhuman soldiers?

The creators of these technologies usually don’t understand the long term ramifications of what they are creating and when they do, it is often too late, as was the case with CRISPR. One of its inventors, Jennifer Doudna wrote a touching essay in the December issue of Nature. “I was regularly lying awake at night wondering whether I could justifiably stay out of an ethical storm that was brewing around a technology I had helped to create”, she lamented. She has called for human genome editing to the “be on hold pending a broader societal discussion of the scientific and ethical issues surrounding such use.”

A technology that is far from being a threat is artificial intelligence. Yet it is stirring deep fears. AI is, today, is nothing more than brute force computing, with superfast computers crunching massive amounts of data. Yet it is advancing so fast that tech luminaries such as Elon Musk, Bill Gates, and Stephen Hawking worry it will evolve beyond human capability and become an existential threat to mankind. Others fear that it will create wholescale unemployment. Scientists are trying to come to a consensus about how AI can be used in a benevolent way, but as with CRISPR, how can you regulate something that anyone, anywhere, can develop?

And soon, we will have robots that serve us and become our companions. These too will watch everything that we do and raise new legal and ethical questions. They will evolve to the point that they seem human. What happens then, when a robot asks for the right to vote or kills a human in self-defense?

Thomas Jefferson said in 1816, “Laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.” But how can our policy makers and institutions keep up with the advances when the originators of the technologies themselves can’t?

There is no answer to this question.

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Vivek Wadhwa is a Fellow at Arthur & Toni Rembe Rock Center for Corporate Governance, Stanford University; Director of Research at the Center for Entrepreneurship and Research Commercialization at the Pratt School of Engineering,  Duke University; and Distinguished Fellow at Singularity University. He is author of  “The Immigrant Exodus: Why America Is Losing the Global Race to Capture Entrepreneurial Talent”—which was named by The Economist as a Book of the Year of 2012, and ” Innovating Women: The Changing Face of Technology”—which documents the struggles and triumphs of women.  In 2012, the U.S. Government awarded Wadhwa distinguished recognition as an  “Outstanding American by Choice”— for his “commitment to this country and to the common civic values that unite us as Americans”. He was also named by Foreign Policy Magazine as Top 100 Global Thinker in 2012. In 2013, TIME Magazine listed him as one of The 40 Most Influential Minds in Tech.

Wadhwa oversees research at Singularity University, which educates a select group of leaders about the exponentially advancing technologies that are soon going to change our world.  These advances—in fields such as robotics, A.I., computing, synthetic biology, 3D printing, medicine, and nanomaterials—are making it possible for small teams to do what was once possible only for governments and large corporations to do: solve the grand challenges in education, water, food, shelter, health, and security.

In his roles at Stanford and  Duke, Wadhwa lectures in class on subjects such as entrepreneurship and public policy, helps prepare students for the real world, and leads groundbreaking research projects.  He is an advisor to several governments; mentors entrepreneurs; and is a regular columnist for The Washington Post, Wall Street Journal Accelerators, LinkedIn Influencers blog, Forbes, and the American Society of Engineering Education’s Prism magazine.  Prior to joining academia in 2005, Wadhwa founded two software companies.




  

Browse articles by author

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Jan 16th 2020
EXTRACT: "Between 1940 and 1942 Charlotte Salomon, a young German-Jewish artist, created a sequence of 784 paintings while hiding from the Nazi authorities. She gave the sequence a single title: Leben? oder Theater? (Life? or Theatre?). Viewed in the 21st century, Salomon’s artwork could be considered a precursor to the contemporary graphic novel, creating a complex web of narratives through words and images."
Jan 9th 2020
EXTRACT: "It’s simply not possible to do justice to the value of Iran’s cultural heritage – it’s a rich and noble history that has had a fundamental impact on the world through art, architecture, poetry, in science and technology, medicine, philosophy and engineering. The Iranian people are intensely aware – and rightly proud of – their Persian heritage. The archaeological legacy left by the civilisations of ancient and medieval Iran extend from the Mediterranean Sea to India and ranges across four millennia from the Bronze age (3rd millennium BC) to the glorious age of classical Islam and the magnificent medieval cities of Isfahan and Shiraz that thrived in the 9th-12th centuries AD, and beyond."
Jan 9th 2020
EXTRACT: "Lautrec had a genius for representing people. He would rarely paint any other subject. When he looked at a person who caught his interest, not only their appearance, but seemingly also their personality would magically flow from his hand, fixing a moment of their life, and his, on a piece of cardboard or canvas."
Jan 7th 2020
EXTRACT: "In 2010, Great Britain generated 75% of its electricity from coal and natural gas. But by the end of the decade*, these fossil fuels accounted for just 40%, with coal generation collapsing from the decade’s peak of 41% in 2012 to under 2% in 2019. The near disappearance of coal power – the second most prevalent source in 2010 – underpinned a remarkable transformation of Britain’s electricity generation over the last decade, meaning Britain now has the cleanest electrical supply it has ever had. Second place now belongs to wind power, which supplied almost 21% of the country’s electrical demand in 2019, up from 3% in 2010. As at the start of the decade, natural gas provided the largest share of Britain’s electricity in 2019 at 38%, compared with 47% in 2010."
Jan 5th 2020
EXTRACT: "Owing to these positive developments, many were lulled into thinking that modern advanced economies can run on autopilot. And yet economists knew that market capitalism does not automatically self-correct for adverse distributional trends (both secular and transitional), especially extreme ones. Public policies and government services and investments have a critical role to play. But in many places, these have been either non-existent or insufficient. The result has been a durable pattern of unequal opportunity that is contributing to the polarization of many societies. This deepening divide has a negative spillover effect on politics, governance, and policymaking, and now appears to be hampering our ability to address major issues, including the sustainability challenge."
Jan 2nd 2020
In September 2018, Ian Buruma was forced out as editor of The New York Review of Books, following an outcry over the magazine’s publication of a controversial essay about #MeToo. A year later, in a conversation with Svenska Dagbladet US correspondent Malin Ekman, he reflects on lost assignments, literature, cancel culture, threats to freedom of speech, and the state of liberal democracy.
Dec 31st 2019
EXTRACT: "I have long been troubled by the way so many believing Christians in the West have either been ignorant of or turned their backs on the plight of Palestinians, both Christian and Muslim. Right​-wing Evangelicals, under the sway of heretical theology, are so blinded by their obsession with Israel that they can't see Israel's victims. Other Western Christians simply just don't know or about the people of Palestine. I find this state of affairs to always distressing, but especially so at Christmas time, since the Christmas story we celebrate not only took place in that land, it continues to define the lives of the Palestinians who live in places like Bethlehem and Nazareth. "
Dec 19th 2019
EXTRACT: "Although there have long been farmers and merchants who specialised in growing and selling seeds, it wasn’t until the 20th century that people started talking about seed production as an industrial process. Thanks to changes in farming, science and government regulations, most of the “elite” seed that is bought and sold around the world today is mass produced and mass marketed — by just four transnational corporations."
Dec 14th 2019
EXTRACT: "Dehydration is associated with a higher risk of ill health in older people, from having an infection, a fall or being admitted to hospital. But an appetite for food and drink can diminish as people age, so older people should drink regularly, even when they’re not thirsty. Older women who don’t have to restrict their fluid intake for medical reasons, such as heart or kidney problems, are advised to drink eight glasses a day. For older men, it’s ten glasses."
Dec 12th 2019
EXTRACT: "A decade ago, I wrote The Life You Can Save: Acting Now to End World Poverty. This month, a fully revised Tenth Anniversary edition was published, and is available, free, as an eBook and audiobook. The chapters of the audiobook are read by celebrities, including Paul Simon, Kristen Bell, Stephen Fry, Natalia Vodianova, Shabana Azmi, and Nicholas D’Agosto. Revising the book has led me to reflect on the impact it has had, while the research involved in updating it has made me focus on what has changed over the past ten years"
Nov 27th 2019
EXTRACT: "Jay Willis at GQ reports that Secretary of Energy Rick Perry said on Fox and Friends that Trump is God’s Chosen One. He said he told Trump, “If you’re a believing Christian, you understand God’s plan for the people who rule and judge over us on this planet and our government.” Perry also said that he had written a memo for Trump about how God uses imperfect people, comparing Trump to biblical figures such as Solomon, Saul and David, who were also flawed. This evangelical discourse that a providential God controls political power goes back to old West Semitic Religion"
Nov 7th 2019
Extract: "The PSA test is done using a small amount of blood to detect raised levels of prostate specific antigen (PSA). Yet, despite its relatively low cost and ease of administering, it is not offered for routine screening in many countries, including the UK. This is because a significant proportion of those testing positive have no disease (a false-positive result), slow-growing cancer that doesn’t need treatment, or positive results caused by a relatively benign condition, such as a urinary tract infection. Detecting prostate cancer early is important and saves lives. But many of those identified by the PSA test as having elevated levels of the antigen could potentially undergo painful treatment with significant life-altering side effects, which were unnecessary. Also, up to 15% of men with prostate cancer have normal PSA levels (a false-negative result), meaning that many men would receive unwarranted reassurance from this test. Guidelines in most countries, therefore, note that the possible benefits of testing are outweighed by the potential harms of over-diagnosis and over-treatment, making it unsuitable for screening everyone."
Nov 5th 2019
Extract: "Ken Loach’s film, Sorry We Missed You, tells the harrowing tale of Ricky, Abby and their family’s attempts to get by in a precarious world of low paid jobs and the so-called “gig economy”. But how realistic is it? Can Loach’s film be accused of undue pessimism?"
Nov 3rd 2019
Extract: "Travel to Prague, Kyiv, or Bucharest today and you will find glittering shopping malls filled with imported consumer goods: perfumes from France, fashion from Italy, and wristwatches from Switzerland. At the local Cineplex, urbane young citizens queue for the latest Marvel blockbuster movie. They stare at sleek iPhones, perhaps planning their next holiday to Paris, Goa, or Buenos Aires. The city center hums with cafés and bars catering to foreigners and local elites who buy gourmet groceries at massive hypermarkets. Compared to the scarcity and insularity of the communist past, Central and Eastern Europe today is brimming with new opportunities.......In these same cities, however, pensioners and the poor struggle to afford the most basic amenities. Older citizens choose between heat, medicine, and food. In rural areas, some families have returned to subsistence agriculture."
Nov 3rd 2019
EXTRACTS: "Genetic clustering has existed in all past societies. People have typically been relatively genetically similar to others nearby. But most of this was because of limited mobility."........."But in the 19th and 20th centuries, people started to move about more. Societies opened up geographically, and socially. This new mobility has created a new kind of clustering – what the American author Thomas Friedman called a “great sorting out”.".........".....this is now visible at the genetic level too."
Oct 9th 2019
EXTRACT: "The idea that we are living in an entrepreneurial age, experiencing rapid disruptive technological innovation on a scale amounting to a new “industrial revolution” is a pervasive modern myth. Scholars have written academic papers extolling the coming of the “entrepreneurial economy”. Policymakers and investors have pumped massive amounts of funding into start-up ecosystems and innovation. Business schools, universities and schools have moved entrepreneurship into their core curricula. The only problem is that the West’s golden entrepreneurial and innovation age is behind it. Since the 1980s entrepreneurship, innovation and, more generally, business dynamics, have been steadily declining – particularly so in the US. "
Aug 28th 2019
EXTRACT: ". But today, the impulse to gain attention on social media has produced a discourse of extreme defamation and scorched-earth tactics aimed at destroying one’s opponents. We desperately need a broad-based movement to stand up against this type of political discourse. American history is replete with examples of people who worked together to solve – or at least defuse – serious problems, often against great odds and at significant personal risk. But the gradual demise of fact-based history in schools seems to have deprived many Americans of the common ground and optimism needed to work through challenges in the same way they once did."
Aug 8th 2019
Consider the following facts as you wend your way to the Guggenheim Museum and its uppermost gallery, where you will presently find The Death of Michael Stewart (1983), Basquiat’s gut-punching tribute to a slain artist, and the centerpiece for an exhibition that could hardly be more timely.
Jul 22nd 2019
It’s worth remembering, then, that we are not designed to be consistently happy. Instead, we are designed to survive and reproduce. These are difficult tasks, so we are meant to struggle and strive, seek gratification and safety, fight off threats and avoid pain. The model of competing emotions offered by coexisting pleasure and pain fits our reality much better than the unachievable bliss that the happiness industry is trying to sell us. In fact, pretending that any degree of pain is abnormal or pathological will only foster feelings of inadequacy and frustration. Postulating that there is no such thing as happiness may appear to be a purely negative message, but the silver lining, the consolation, is the knowledge that dissatisfaction is not a personal failure. If you are unhappy at times, this is not a shortcoming that demands urgent repair, as the happiness gurus would have it. Far from it. This fluctuation is, in fact, what makes you human.