
Brett Frischmann, JD
Charles Widger Endowed University Professor in Law, Business and Economics | Charles Widger School of Law
Brett Frischmann, JD, is a renowned scholar and expert in intellectual property, surveillance, internet law and net neutrality.
Spotlight
Media
Re-Engineering Humanity
Every day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. Have forces been unleashed that are thrusting humanity down an ill-advised path, one that's increasingly making us behave like simple machines? In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what's happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens the future of our society, and what we can do now to build something better.Governing Medical Knowledge Commons (Cambridge Studies on Governing Knowledge Commons)
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the knowledge commons framework and a synthesis of conclusions and lessons. The book is also available as Open Access.Areas of Expertise (10)
- Digital Contracts
- Self-Driving Cars
- Technology Policies
- Surveillance
- Intellectual Property
- Information Law
- Infrastructure
- Internet Law
- Net Neutrality
- Autonomous Vehicles
Biography
Professor Frischmann is a leading source on issues related to surveillance, technology policy and intellectual property. Frischmann can also discuss issues related to how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. Frischmann has appeared in and written for numerous media outlets, such as The New York Times, Forbes, Scientific American
Education (3)
- Georgetown University Law Center: JD
- Columbia University - Fu Foundation School of Engineering and Applied Science: MS
- Columbia University - New York: BA
Links
Select Media Appearances (8)
How to Use ChatGPT to Apologize
Boston Globe
8/10/2023
ChatGPT is constantly apologizing. That’s because the AI gets many things wrong, misunderstands requests, doesn’t always do what we want, and sometimes offers incomplete information. Of course, a computer program can’t feel embarrassed (or anything), and ChatGPT is only programmed to simulate a polite desire to please. Faking care is how machines gain our trust. Given that humans can sincerely care about one another, should we ever use ChatGPT to apologize?
Free Will Under Threat: How Humans are at Risk of Becoming Wards of Technologists
CBC
4/22/2020
"We're not interested in the engineering of intelligent machines. We're interested in the engineering of unintelligent humans," Brett Frischmann writes in Re-engineering Humanity, a book co-authored with philosopher Evan Selinger. Frischmann, who is an American legal scholar, says our increasing dependence on technology is putting our very humanity at risk. He warns humans are heading down an ill-advised path that is making us behave like "perfectly predictable and in some cases programmable" simple machines.
You’re Not Alone When You’re on Google
The New York Times
5/17/2019
At first blush, it seems safe to say that most of us harbor inconsistent — if not neurotically contradictory — notions about our personal privacy. We claim to treasure it, yet want badly to be known and seen (posting on Instagram, preening on Twitter). … “The danger that ‘privacy’ doesn’t capture is this idea of creep,” says Frischmann, an internet law expert at Villanova University.
Is Technology Re-Engineering Humanity?
The Economist
10/24/2018
“We become what we behold. We shape our tools and then our tools shape us.” This truism—by the media-scholar John Culkin about the work of Marshall McLuhan—is more potent than ever in the age of data and algorithms … Some of those changes are documented in “Re-Engineering Humanity” by two technology thinkers from different academic backgrounds: Brett Frischmann is a law professor at Villanova University in Pennsylvania and Evan Selinger teaches philosophy at Rochester Institute of Technology in New York.
Op-ed: Algorithm and Blues: The Tyranny of the Coming Smart-Tech Utopia
Scientific American
7/30/2018
Imagine a world governed by smart technologies engineered to achieve three distinct yet interrelated normative ends: optimized transactional efficiency, resource productivity and human happiness. We could have congestion-free roads—no stop and go, no road rage! Instantaneous, personalized entertainment—no need to search or browse! Successful social interactions—no misunderstanding or missed cues! No surprise ailments, no failures, no missed opportunities! Heck, no surprises of any kind! There are so many imperfections in our world that smart technology could fix.
How Facebook Programmed Our Relatives
Scientific American
6/21/2018
Three years ago, on his birthday, a law professor watched his e-mail inbox fill with Facebook notifications indicating that friends had posted messages on his wall. The messages made him sad. The clogged inbox was annoying, but what really upset him was having disclosed his birth date to Facebook in the first place. It’s not necessary for social networking or to comply with privacy laws, as some people mistakenly believe. He hadn't paid much attention when he signed up—as with most electronic contracts, there was no room for negotiation or deliberation about terms. He complied with Facebook’s instructions, entered the data and clicked a button.
How Self-Driving Car Policy Will Determine Life, Death and Everything In-Between
VICE
3/23/2018
"Don’t be fooled when people talk about AI as if it alleviates the need for human beings to make these moral decisions, as if AI necessarily will take care of everything for us. Sure, AI can be designed to make emergent, non-transparent, and even inexplicable decisions. But since the shift from human drivers to passive passengers in self-driving cars shifts decision-making from drivers to designers and programmers, governance remains essential. It’s only a question of which form of governance gets adopted."
Op-ed: Your NCAA bracket is a reverse Turing test
Salon
3/13/2018
March Madness has begun. Cue the studies and stories about lost productivity, sports betting and consumerism run amok. But for all of the “sick” days taken, office pools created and revenues generated, March Madness shows us something remarkable — that we are, without a doubt, human … by Brett Frischmann, the Charles Widger Endowed Professor of Law, Business and Economics at Villanova University. His forthcoming book, "Re-Engineering Humanity," co-authored with Evan Selinger, Professor of Philosophy at Rochester Institute of Technology, will be released in April.
Select Academic Articles (7)
Human-Focused Turing Tests: A Framework for Judging Nudging and Techno-Social Engineering of Human Beings
Cardozo Legal Studies Research Paper No. 441
2020
Thoughts on Techno-Social Engineering of Humans and the Freedom to Be Off (or Free from Such Engineering)
Theoretical Inquiries in Law
2016