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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May 1st 2021
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Apr 25th 2021
EXTRACT: "We all owe Farah Nabulsi an enormous debt of gratitude. In a short 24-minute film, The Present, she has exposed the oppressive indecency of the Israeli occupation while telling the deeply moving story of a Palestinian family. What is especially exciting is that after winning awards at a number of international film festivals​, Ms. Nabulsi has been nominated for an Academy Award for this remarkable work of art. " 
Apr 25th 2021
EXTRACT: "When I crashed to the floor of my home in Bordeaux recently after two months of Covid-19 dizziness, I was annoyed. The next day I collapsed again. Now I was worried. What I didn’t know was that my brain was sloshing around inside my skull, causing a mild concussion. Nor did I know that I was in for a whole new world of weird and wonderful hallucinations."
Apr 13th 2021
EXTRACT: "Overall, our review has found that there isn’t evidence to back up the claims that veganism is good for your heart. But that is partly because there are few studies ....... But veganism may have other health benefits. Vegans have been found to have a healthier weight and lower blood glucose levels than those who consume meat and dairy. They are also less likely to develop cancer, high blood pressure and diabetes. "
Apr 8th 2021
EXTRACT: "Pollock’s universe, the universe of Mural, cannot be said to be a rational universe. Nor is it simply devoid of all sense. It is not a purely imaginary world, although in it everything is in a constant state of flux. Mural invokes one of the oldest questions of philosophy, a question going back to the Pre-Socratic philosophers Parmenides and Heraclitus – namely, whether the nature of Reality constitutes unchanging permanence or constant movement and flux. For Pollock, the only thing that is truly unchanging is change itself. The only certainty is that all is uncertain."
Apr 8th 2021
EXTRACT: "Many present day politicians appear to have psychopathic and narcissistic traits too. It’s easy to spot such leaders, because they are always authoritarian, following hardline policies. They try to subvert democracy, to reduce the freedom of the press and clamp down on dissent. They are obsessed with national prestige, and often persecute minority groups. And they are always corrupt and lacking in moral principles."
Apr 6th 2021
EXTRACT: "This has led some to claim that not just half, but perhaps nearly all advertising money is wasted, at least online. There are similar results outside of commerce. One review of field experiments in political campaigning argued “the best estimate of the effects of campaign contact and advertising on Americans’ candidates choices in general elections is zero”. Zero!"
Mar 30th 2021
EXTRACT: "The Father is an extraordinary film, from Florian Zeller’s 2012 play entitled Le Père and directed by Zeller. I’m here to tell you why it is a ‘must see’." EDITOR'S NOTE: The official trailer is attached to the review.
Mar 28th 2021
EXTRACT: "Picasso was 26 in 1907, when he completed the Demoiselles; de Kooning was 48 in 1952, when he finished Woman I.  The difference in their ages was not an accident, for studies of hundreds of painters have revealed a striking regularity - the conceptual painters who preconceive their paintings, from Raphael to Warhol, consistently make their greatest contributions earlier in their careers than experimental painters, from Rembrandt to Pollock, who paint directly, without preparatory studies."
Mar 26th 2021
EXTRACT: "Mental toughness levels are influenced by many different factors. While genetics are partly responsible, a person’s environment is also relevant. For example, both positive experiences while you’re young and mental toughness training programmes have been found to make people mentally tougher."
Mar 20th 2021

The city of Homs has been ravaged by war, leaving millions of people homeless an

Mar 20th 2021
EXTRACT: "There are two main rival models of ethics: one is based on rights, the other on duties. The rights-based model, which traces its philosophical origins to the work of John Locke in the 17th century, starts from the assumption that individuals have rights ....... According to this approach, duties are related to rights, but only in a subordinate role. My right to health implies a duty on my country to provide some healthcare services, to the best of its abilities. This is arguably the dominant interpretation when philosophers talk about rights, including human rights." ........ "Your right to get sick, or to risk getting sick, could imply a duty on others to look after you during your illness." ..... "The pre-eminence of rights in our moral compass has vindicated unacceptable levels of selfishness. It is imperative to undertake a fundamental duty not to get sick, and to do everything in our means to avoid causing others to get sick. Morally speaking, duties should come first and should not be subordinated to rights." ..... "Putting duties before rights is not a new, revolutionary idea. In fact it is one of the oldest rules in the book of ethics. Primum non nocere, or first do no harm, is the core principle in the Hippocratic Oath historically taken by doctors, widely attributed to the ancient Greek philosopher and physician Hippocrates. It is also a fundamental principle in the moral philosophy of the Roman statesman Marcus Tullius Cicero, who in De Officiis (On Duties) argues that the first task of justice is to prevent men and women from causing harm to others."
Mar 18th 2021
EXTRACT: "Several studies have recently compared the difference between antibodies produced straight after a coronavirus infection and those that can be detected six months later. The findings have been both impressive and reassuring. Although there are fewer coronavirus-specific antibodies detectable in the blood six months after infection, the antibodies that remain have undergone significant changes. …….. the “mature” antibodies were better at recognising the variants."
Mar 15th 2021
EXTRACT: "Like Shakespeare, Goya sees evil as something existing in itself – indeed, the horror of evil arises precisely from its excess. It overflows and refuses to be contained by or integrated into our categories of reason or comprehension. By its very nature, evil refuses to remain within prescribed bounds – to remain fixed, say, within an economy where evil is counterbalanced by good. Evil is always excess of evil." ....... "Nowhere is this more evident than in war. Goya offers us a profound and sustained meditation on the nature of war ........ The image of a Napoleonic soldier gazing indifferently on a man who has been summarily hanged, probably by his own belt, expresses the tragedy of war – its dehumanization of both war’s victims and victors."
Mar 14th 2021
EXTRACT: "A blockchain company has bought a piece of Banksy artwork and burnt it. But instead of destroying the value of the art, they claim to have made it more valuable, because it was sold as a piece of blockchain art. The company behind the stunt, called Injective Protocol, bought the screen print from a New York gallery. They then live-streamed its burning on the Twitter account BurntBanksy. But why would anyone buy a piece of art just to burn it? Understanding the answer requires us to delve into the tricky world of blockchain or “NFT” art."
Mar 14th 2021
EXTRACT: "Exercise is good for your health at every age – and you can reap the benefits no matter how late in life you start. But our latest research has shown another benefit of being physically active throughout life. We found that in the US, people who were more physically active as teenagers and throughout adulthood had lower healthcare costs."
Mar 10th 2021
EXTRACT: "Although around one in 14 people over 65 have Alzheimer’s disease, there’s still no cure, and no way to prevent the disease from progressing. But a recent study may bring us one step closer to preventing Alzheimer’s. The trial, which was conducted on animals, has found a specific molecule can prevent the buildup of a toxic protein known to cause Alzheimer’s in the brain."
Feb 24th 2021
EXTRACT: "The art historian George Kubler observed that scholars in the humanities “pretend to despise measurement because of its ‘scientific’ nature.” As if to illustrate his point Robert Storr, former dean of Yale’s School of Art, declared that artistic success is “completely unquantifiable.” In fact, however, artistic success can be quantified, in several ways. One of these is based on the analysis of texts produced by art scholars, and this measure can give us a systematic understanding of how changes in recent art have produced changes in the canon of art history."
Feb 24th 2021
EXTRACT: "The most politically sensitive option we looked at was the virus escaping from a laboratory. We concluded this was extremely unlikely."
Feb 16th 2021
EXTRACT: ".... these men were completely unaware that they had put their lives in the hands of doctors who not only had no intention of healing them but were committed to observing them until the final autopsy – since it was believed that an autopsy alone could scientifically confirm the study’s findings. As one researcher wrote in a 1933 letter to a colleague, “As I see, we have no further interest in these patients until they die.” ...... The unquestionable ethical failure of Tuskegee is one with which we must grapple, and of which we must never lose sight, lest we allow such moral disasters to repeat themselves. "