Use all tools of regulation

Harvard University constitutional law scholar Lawrence (Larry) Lessig proposed his Pathetic Dot Theory,143 which posits that the behavior of a human (pathetic dot) is regulated by four forces: law, social norms, the market, and architecture (i.e. technical infrastructure).

We could use the same theory to think about how to regulate the behavior of machines. Let’s call it the Pathetic Machine Theory. Take a self-driving car as an example. The law threatens sanctions if the car runs a red traffic light. If the car kills someone in an accident, the law helps us decide who is legally liable, what type of compensation is owed, and whether there is deliberate negligence that requires criminal prosecution. 

The market regulates the behavior of the car too, by setting prices for various capabilities of the car. Some safety features, such as having fully dedicated roads for self-driving cars, may be too expensive to implement. 

Technical architecture refers to the software and hardware that is used to build the self-driving car. If the architecture allows cars to communicate with one another using a standard network protocol, then cars may be able to coordinate better. But absent such protocol, capabilities would be limited.

Finally, social norms play an important role. Even if self-driving cars are orders of magnitude safer than human drivers, if the norm is not to put our children in them, then those safety benefits would be lost. Conversely, if people adopted robocars too soon before the technology matures, this could lead to avoidable loss of life. It is therefore imperative to understand those norms, and to make sure they are well-calibrated.

References

• Lessig, L. Code: And Other Laws of Cyberspace. (ReadHowYouWant.com, 2009).