Notes

INTRODUCTION: THE CLOUD

1. The earliest archives contained data that would be at home in a modern data center. For example, archeologists have discovered at the site of ancient Ebla in Syria the remains of a royal archive that was destroyed around 2300 BC. In addition to the text of a Sumerian myth and other documents used by palace scribes, there were two thousand clay tablets filled with administrative records. These contained details about the distribution of textiles and metals, as well as cereals, olive oil, land, and animals. Lionel Casson, Libraries in the Ancient World (New Haven, CT: Yale University Press, 2001), 3–4. It’s easy to imagine a contemporary data analytics team working with similar data sets in our own day.

   In the ensuing centuries, libraries spread around the ancient Mediterranean to the thriving city states of Greece, then to Alexandria, and ultimately to Rome. Their collections diversified as humanity discovered its voice and improved its ability to store written works on papyrus scrolls rather than clay tablets. The main library in Alexandria, founded around 300 BC, had 490,000 rolls of documents. Casson, Libraries, 36. At the same time, private libraries sprang up in east Asia, with collections stored in bamboo chests. The invention of paper in China in 121 AD represented a major breakthrough and “put the East centuries ahead of the West, enabling elaborate systems of administration and bureaucracy to be created.” James W. P. Campbell, The Library: A World History (Chicago: The University of Chicago Press, 2013), 95. Back to note reference 1.

2. The story of the invention of the filing cabinet illustrates the changing needs over time for the storage of data. In 1898, Edwin Siebel, an American insurance agent, grew frustrated with the data storage techniques of the time. Siebel lived in South Carolina and insured cotton as it made its way from the fields, over the Atlantic, to textile mills in Europe. It required substantial paperwork that needed safekeeping. In Siebel’s time, businesses filed their records in wooden “pigeonholes” stacked floor to ceiling along the walls. Papers were typically folded, tucked in envelopes and slid into cubbies, often requiring a ladder to reach them. It wasn’t an easy or efficient way to store information, especially when someone had to hunt down a document and wasn’t sure where it was stored.

   Like any good inventor, Siebel saw a problem that needed to be solved. He developed a simple yet clever idea: a vertical filing system stored in a wooden box. He worked with a manufacturer in Cincinnati to build five boxes with drawers that stored papers on end, allowing a clerk to quickly flip through and read files without opening a single envelope. Eventually, these papers would hang in folders, separated by labeled tabs sandwiched between. The modern filing cabinet was born. James Ward, The Perfection of the Paper Clip: Curious Tales of Invention, Accidental Genius, and Stationery Obsession (New York: Atria Books, 2015), 255–56. Back to note reference 2.

3. David Reinsel, John Gantz, and John Rydning, Data Age 2025: The Digitization of the World From Edge to Core (IDC White Paper – #US44413318, Sponsored by Seagate), November 2018, 6, https://www.seagate.com/files/www-content/our-story/trends/files/idc-seagate-dataage-whitepaper.pdf. Back to note reference 3.

4. João Marques Lima, “Data centres of the world will consume 1/5 of Earth’s power by 2025,” Data Economy, December 12, 2017, https://data-economy.com/data-centres-world-will-consume-1-5-earths-power-2025/. Back to note reference 4.

5. Ryan Naraine, “Microsoft Makes Giant Anti-Spyware Acquisition,” eWEEK, December 16, 2004, http://www.eweek.com/news/microsoft-makes-giant-anti-spyware-acquisition. Back to note reference 5.

6. The Microsoft antitrust saga illustrates many things, including the incredible length of time it can take for this type of scrutiny and enforcement to run its course if a company fails to address the concerns that garner the attention of government authorities. After resolving issues in the United States in the early 2000s, it took until December 2009 to reach the final major agreement in Brussels with the European Commission. European Commission, “Antitrust: Commission Accepts Microsoft Commitments to Give Users Browser Choice,” December 16, 2009, http://europa.eu/rapid/press-release_IP-09-1941_en.htm.

   From start to finish, the many investigations into and lawsuits against Microsoft ran almost three decades. The company’s antitrust issues began in June 1990, when the Federal Trade Commission opened what became a well-publicized review of marketing, licensing, and distribution practices for the Windows operating system. Andrew I. Gavil and Harry First, The Microsoft Antitrust Cases: Competition Policy for the Twenty-First Century (Cambridge, MA: The MIT Press, 2014.) The cases took many twists and turns, with the last lawsuits resolved more than twenty-eight years later, on December 21, 2018. Reflecting the broadening nature of what became in some ways the first truly global antitrust controversy, with investigations and proceedings in twenty-seven countries, the final cases were consumer class action matters in three Canadian provinces—Quebec, Ontario, and British Columbia.

   While three decades might at first blush seem shockingly long for a technology policy issue, in many ways it is more typical than most would imagine for major antitrust issues. In 1999, as Microsoft was in the throes of its biggest case, I spent time studying the big antitrust battles of the twentieth century, including how the companies and their CEOs had addressed them. This included companies like Standard Oil, U.S. Steel, IBM, and AT&T, all companies that had defined the leading technologies of their time. The US government brought its first antitrust case against AT&T in 1913, and despite respites between major cases, the issues did not end until 1982, when the company agreed to be broken up to resolve the third major antitrust action against it. Similarly, IBM confronted the government in its first major lawsuit in 1932, and disputes regarding its mainframe dominance continued until it settled a major case with the European Commission in 1984. It took another decade for IBM’s mainframe dominance to subside to the point where it felt it could petition authorities in Washington, DC, and Brussels to end its settlement oversight. Tom Buerkle, “IBM Moves to Defend Mainframe Business in EU,” New York Times, July 8, 1994, https://www.nytimes.com/1994/07/08/business/worldbusiness/IHT-ibm-moves-to-defend-mainframe-business-in-eu.html.

   The length of these battles provided a lesson that shaped my thinking about how technology companies need to approach antitrust and other regulatory issues. It led me to conclude at the time that successful tech companies needed to chart a proactive course to engage with the authorities, strengthen relationships, and, ultimately, construct more stable arrangements with governments. Back to note reference 6.

CHAPTER 1: SURVEILLANCE

1. Glenn Greenwald, “NSA Collecting Phone Records of Millions of Verizon Customers Daily,” Guardian, June 6, 2013, https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order. Back to note reference 1.

2. Glenn Greenwald and Ewen MacAskill, “NSA Prism Program Taps In to User Data of Apple, Google and Others,” Guardian, June 7, 2013, https://www.theguardian.com/world/2013/jun/06/us-tech-giants-nsa-data. Back to note reference 2.

3. Benjamin Dreyfuss and Emily Dreyfuss, “What Is the NSA’s PRISM Program? (FAQ),” CNET, June 7, 2013, https://www.cnet.com/news/what-is-the-nsas-prism-program-faq/. Back to note reference 3.

4. James Clapper, who was the national intelligence director at the time, would later describe the program as an “internal government computer system used to facilitate the government’s statutorily authorized collection of foreign intelligence information from electronic communication service providers under court supervision.” Robert O’Harrow Jr., Ellen Nakashima, and Barton Gellman, “U.S., Company Officials: Internet Surveillance Does Not Indiscriminately Mine Data,” Washington Post, June 8, 2013, https://www.washingtonpost.com/world/national-security/us-company-officials-internet-surveillance-does-not-indiscriminately-mine-data/2013/06/08/5b3bb234-d07d-11e2-9f1a-1a7cdee20287_story.html?utm_term=.b5761610edb1. Back to note reference 4.

5. Glenn Greenwald, Ewen MacAskill, and Laura Poitras, “Edward Snowden: The Whistleblower Behind the NSA Surveillance Revelations,” Guardian, June 11, 2013, https://www.theguardian.com/world/2013/jun/09/edward-snowden-nsa-whistleblower-surveillance. Back to note reference 5.

6. Michael B. Kelley, “NSA: Snowden Stole 1.7 Million Classified Documents and Still Has Access to Most of Them,” Business Insider, December 13, 2013, https://www.businessinsider.com/how-many-docs-did-snowden-take-2013-12. Back to note reference 6.

7. Ken Dilanian, Richard A. Serrano, and Michael A. Memoli, “Snowden Smuggled Out Data on Thumb Drive, Officials Say,” Los Angeles Times, June 13, 2013, http://articles.latimes.com/2013/jun/13/nation/la-na-nsa-leaks-20130614. Back to note reference 7.

8. Nick Hopkins, “UK Gathering Secret Intelligence Via Covert NSA Operation,” Guardian, June 7, 2013, https://www.theguardian.com/technology/2013/jun/07/uk-gathering-secret-intelligence-nsa-prism; see also Mirren Gidda, “Edward Snowden and the NSA Files—Timeline,” Guardian, August 21, 2013, https://www.theguardian.com/world/2013/jun/23/edward-snowden-nsa-files-timeline. Back to note reference 8.

9. William J. Cuddihy, The Fourth Amendment: Origins and Meaning, 1602–1791 (Oxford: Oxford University Press, 2009), 441. Back to note reference 9.

10. Ibid., 442. Back to note reference 10.

11. Ibid., 459. Back to note reference 11.

12. Frederick S. Lane, American Privacy: The 400-Year History of Our Most Contested Right (Boston: Beacon Press, 2009), 11. Back to note reference 12.

13. David Fellman, The Defendant’s Rights Today (Madison: University of Wisconsin Press, 1976), 258. Back to note reference 13.

14. William Tudor, The Life of James Otis, of Massachusetts: Containing Also, Notices of Some Contemporary Characters and Events, From the Year 1760 to 1775 (Boston: Wells and Lilly, 1823), 87–88. Adams recalled the impact of Otis’s words on the people of Massachusetts the day after the nation’s founders voted for independence in Philadelphia on July 2, 1776. Adams woke early to pen a letter to his wife, Abigail, recalling Otis’s importance. Brad Smith, “Remembering the Third of July,” Microsoft on the Issues (blog), Microsoft, July 3, 2014, https://blogs.microsoft.com/on-the-issues/2014/07/03/remembering-the-third-of-july/. Back to note reference 14.

15. David McCullough, John Adams (New York: Simon & Schuster, 2001), 62. William Cranch, Memoir of the Life, Character, and Writings of John Adams (Washington, DC: Columbian Institute, 1827), 15. Interestingly, Otis’s advocacy and Adams’s recognition of its importance have continued to influence American public policy and law into our current day. US Chief Justice John Roberts first quoted their words in 2014 when he wrote the Supreme Court’s unanimous opinion requiring that law enforcement secure a search warrant before inspecting the contents of a suspect’s smartphone. Riley v. California, 573 U.S. _ (2014), https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf, at 27–28. Roberts did so again in 2018 when he wrote for a majority of the court that the police similarly needed a warrant to access cell phone location records. Carpenter v. United States, No. 16-402, 585 U.S. (2017), https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf, at 5. Back to note reference 15.

16. Thomas K, Clancy, The Fourth Amendment: Its History and Interpretation (Durham, NC: Carolina Academic Press, 2014), 69–74. Back to note reference 16.

17. US Constitution, amendment IV. Back to note reference 17.

18. Brent E. Turvey and Stan Crowder, Ethical Justice: Applied Issues for Criminal Justice Students and Professionals (Oxford: Academic Press, 2013), 182–83. Back to note reference 18.

19. Ex parte Jackson, 96 U.S. 727 (1878). Back to note reference 19.

20. Cliff Roberson, Constitutional Law and Criminal Justice, second edition (Boca Raton, FL: CRC Press, 2016), 50; Clancy, The Fourth Amendment, 91–104. Back to note reference 20.

21. Charlie Savage, “Government Releases Once-Secret Report on Post-9/11 Surveillance,” New York Times, April 24, 2015, https://www.nytimes.com/interactive/2015/04/25/us/25stellarwind-ig-report.html. Back to note reference 21.

22. Terri Diane Halperin, The Alien and Sedition Acts of 1798: Testing the Constitution (Baltimore: John Hopkins University Press, 2016), 42–43. Back to note reference 22.

23. Ibid., 59–60. Back to note reference 23.

24. David Greenberg, “Lincoln’s Crackdown,” Slate, November 30, 2001, https://slate.com/news-and-politics/2001/11/lincoln-s-suspension-of-habeas-corpus.html. Back to note reference 24.

25. T. A. Frail, “The Injustice of Japanese-American Internment Camps Resonates Strongly to This Day,” Smithsonian, January 2017, https://www.smithsonianmag.com/history/injustice-japanese-americans-internment-camps-resonates-strongly-180961422/. Back to note reference 25.

26. Barton Gellman and Ashkan Soltani, “NSA Infiltrates Links to Yahoo, Google Data Centers Worldwide, Snowden Documents Say,” Washington Post, October 30, 2013, https://www.washingtonpost.com/world/national-security/nsa-infiltrates-links-to-yahoo-google-data-centers-worldwide-snowden-documents-say/2013/10/30/e51d661e-4166-11e3-8b74-d89d714ca4dd_story.html?noredirect=on&utm_term=.5c2f99fcc376. Back to note reference 26.

27. “Evidence of Microsoft’s Vulnerability,” Washington Post, November 26, 2013, https://www.washingtonpost.com/apps/g/page/world/evidence-of-microsofts-vulnerability/621/. Back to note reference 27.

28. Craig Timberg, Barton Gellman, and Ashkan Soltani, “Microsoft, Suspecting NSA Spying, to Ramp Up Efforts to Encrypt Its Internet Traffic,” Washington Post, November 26, 2013, https://www.washingtonpost.com/business/technology/microsoft-suspecting-nsa-spying-to-ramp-up-efforts-to-encrypt-its-internet-traffic/2013/11/26/44236b48-56a9-11e3-8304-caf30787c0a9_story.html?utm_term=.69201c4e9ed8. Back to note reference 28.

29. “Roosevelt Room,” White House Museum, accessed February 20, 2019, http://www.whitehousemuseum.org/west-wing/roosevelt-room.htm. Back to note reference 29.

30. A couple of press reports focused on Pincus’s suggestion that Obama pardon Snowden. Seth Rosenblatt, “‘Pardon Snowden,’ One Tech Exec Tells Obama, Report Says,” Cnet, December 18, 2013, https://www.cnet.com/news/pardon-snowden-one-tech-exec-tells-obama-report-says/; Dean Takahashi, “Zynga’s Mark Pincus Asked Obama to Pardon NSA Leaker Edward Snowden,” VentureBeat, December 19, 2013, https://venturebeat.com/2013/12/19/zyngas-mark-pincus-asked-president-obama-to-pardon-nsa-leaker-edward-snowden/. Back to note reference 30.

31. “Transcript of President Obama’s Jan. 17 Speech on NSA Reform,” Washington Post, January 17, 2014, https://www.washingtonpost.com/politics/full-text-of-president-obamas-jan-17-speech-on-nsa-reforms/2014/01/17/fa33590a-7f8c-11e3-9556-4a4bf7bcbd84_story.html?utm_term=.c8d2871c4f72. Back to note reference 31.

CHAPTER 2: TECHNOLOGY AND PUBLIC SAFETY

1. “Reporter Daniel Pearl Is Dead, Killed by His Captors in Pakistan,” Wall Street Journal, February 24, 2002, http://online.wsj.com/public/resources/documents/pearl-022102.htm. Back to note reference 1.

2. Electronic Communications Privacy Act of 1986, Public Law 99-508, 99th Cong., 2d sess. (October 21, 1986), 18 U.S.C. § 2702.b. Back to note reference 2.

3. Electronic Communications Privacy Act of 1986, Public Law 99-508, 99th Cong., 2d sess. (October 21, 1986), 18 U.S.C. Chapter 121 §§ 2701 et seq. Back to note reference 3.

4. Electronic Communications Privacy Act of 1986, Public Law 99-508, 99th Cong., 2d sess. (October 21, 1986), 18 U.S.C. § 2705.b. Back to note reference 4.

5. “Law Enforcement Requests Report,” Corporate Social Responsibility, Microsoft, last modified June 2018, https://www.microsoft.com/en-us/about/corporate-responsibility/lerr/. Back to note reference 5.

6. “Charlie Hebdo Attack: Three Days of Terror,” BBC News, January 14, 2015, https://www.bbc.com/news/world-europe-30708237. Back to note reference 6.

7. “Al-Qaeda in Yemen Claims Charlie Hebdo Attack,” Al Jezeera, 14 Jan 2015, https://www.aljazeera.com/news/middleeast/2015/01/al-qaeda-yemen-charlie-hebdo-paris-attacks-201511410323361511.html. Back to note reference 7.

8. Ibid. Back to note reference 8.

9. “Paris Attacks: Millions Rally for Unity in France,” BBC News, January 11, 2015, https://www.bbc.com/news/world-europe-30765824. Back to note reference 9.

10. Alissa J. Rubin, “Paris One Year On,” New York Times, November 12, 2016, https://www.nytimes.com/2016/11/13/world/europe/paris-one-year-on.html. Back to note reference 10.

11. “Brad Smith: New America Foundation: ‘Windows Principles,’” Stories (blog), Microsoft, July 19, 2006, https://news.microsoft.com/speeches/brad-smith-new-america-foundation-windows-principles/. Back to note reference 11.

12. It took several months to develop a clear set of principles. The effort was led by Horacio Gutierrez, then the most senior product lawyer at Microsoft and now the general counsel with wide-ranging business responsibilities at Spotify. He partnered with Mark Penn, a former Clinton official with a keen marketing sense. Horacio assembled an internal team that spanned the various parts of the company, and he enlisted a team from the Boston Consulting Group to help us survey customers to learn what they valued most. Horacio and the team developed the four principles, which I unveiled publicly as our cloud commitments in July 2015. Brad Smith, “Building a Trusted Cloud in an Uncertain World,” Microsoft Worldwide Partner Conference, Orlando, July 15, 2015, video of keynote, https://www.youtube.com/watch?v=RkAwAj1Z9rg. Back to note reference 12.

13. “Responding to Government Legal Demands for Customer Data,” Microsoft on the Issues (blog), Microsoft, July 16, 2013, https://blogs.microsoft.com/on-the-issues/2013/07/16/responding-to-government-legal-demands-for-customer-data/. Back to note reference 13.

14. United States v. Jones, 565 U.S. 400 (2012), https://www.law.cornell.edu/supremecourt/text/10-1259. Back to note reference 14.

15. Ibid., 4. Back to note reference 15.

16. Riley v. California, 573 U.S. _ (2014). Back to note reference 16.

17. Ibid., 20. Back to note reference 17.

18. Ibid., 21. Back to note reference 18.

19. Steve Lohr, “Microsoft Sues Justice Department to Protest Electronic Gag Order Statute,” New York Times, April 14, 2016, https://www.nytimes.com/2016/04/15/technology/microsoft-sues-us-over-orders-barring-it-from-revealing-surveillance.html?_r=0. Back to note reference 19.

20. Brad Smith, “Keeping Secrecy the Exception, Not the Rule: An Issue for Both Consumers and Businesses,” Microsoft on the Issues (blog), Microsoft, April 14, 2016, https://blogs.microsoft.com/on-the-issues/2016/04/14/keeping-secrecy-exception-not-rule-issue-consumers-businesses/. Back to note reference 20.

21. Rachel Lerman, “Long List of Groups Backs Microsoft in Case Involving Digital-Data Privacy,” Seattle Times, September 2, 2016, https://www.seattletimes.com/business/microsoft/ex-federal-law-officials-back-microsoft-in-case-involving-digital-data-privacy/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_all. Back to note reference 21.

22. Cyrus Farivar, “Judge Sides with Microsoft, Allows ‘Gag Order’ Challenge to Advance,” Ars Technica, February 9, 2017, https://arstechnica.com/tech-policy/2017/02/judge-sides-with-microsoft-allows-gag-order-challenge-to-advance/. Back to note reference 22.

23. Brad Smith, “DOJ Acts to Curb the Overuse of Secrecy Orders. Now It’s Congress’ Turn,” Microsoft on the Issues (blog), Microsoft, October 23, 2016, https://blogs.microsoft.com/on-the-issues/2017/10/23/doj-acts-curb-overuse-secrecy-orders-now-congress-turn/. Back to note reference 23.

CHAPTER 3: PRIVACY

1. Tony Judt, Postwar: A History of Europe since 1945 (New York: Penguin, 2006), 697. Back to note reference 1.

2. Anna Funder, Stasiland: True Stories from Behind the Berlin Wall (London: Granta, 2003), 57. Back to note reference 2.

3. Brad Smith and Carol Ann Browne, “Lessons on Protecting Privacy,” Today in Technology (video blog), Microsoft, accessed April 7, 2019, https://blogs.microsoft.com/today-in-tech/videos/. Back to note reference 3.

4. Jake Brutlag, “Speed Matters,” Google AI Blog, June 23 2009, https://ai.googleblog.com/2009/06/speed-matters.html. Back to note reference 4.

5. The tension reached one peak in 1807, when the British HMS Leopard, sailing off the Virginia capes, demanded that the USS Chesapeake turn over four members of the Chesapeake’s crew, believed to be British deserters. When the Chesapeake refused, the Leopard fired seven broadsides and forced the American ship to strike its flag. The Leopard recovered the four crewmen and the Chesapeake limped back to port. Jefferson closed American ports to British warships and declared a trade embargo. Craig L. Symonds, The U.S. Navy: A Concise History (Oxford: Oxford University Press, 2016), 21.

   Not surprisingly, the halt to trade hurt the United States as well as Great Britain. As one historian remarked, “Jefferson’s embargo struck so hard throughout the nation that many countrymen concluded that he had declared war on them, not the British.” A.J. Langguth, Union 1812: The Americans Who Fought the Second War of Independence (New York: Simon & Schuster, 2006), 134. Congress repealed the embargo three days before James Madison assumed the Presidency in 1809, but it continued to restrict trade with Great Britain. The British continued to use press gangs, and in 1811 a British frigate stopped and removed an American sailor from a merchant ship in sight of the New Jersey shore. Symonds, 23. Back to note reference 5.

6. “Treaties, Agreements, and Asset Sharing,” U.S. Department of State, https://www.state.gov/j/inl/rls/nrcrpt/2014/vol2/222469.htm. Back to note reference 6.

7. Drew Mitnick, “The urgent need for MLAT reform,” Access Now, September 12, 2014, https://www.accessnow.org/the-urgent-needs-for-mlat-reform/. Back to note reference 7.

8. By coincidence, another judicial clerk arrived at the same time with a personal computer. His name was Eben Moglen, and he worked for a judge across the corridor on the twenty-second floor in Foley Square. We often chatted about our common interest in PCs. Eben would go on to become an impressive academic and leader of the open-source movement, becoming a professor of law at Columbia University and the chairman of the Software Freedom Law Center. At times in the early 2000s we found ourselves on opposing sides of legal debates involving software intellectual property issues. Back to note reference 8.

9. The legislative process kicked off in earnest in 2015 when a bipartisan group of three Senators and two Representatives introduced the LEADS Act, short for Law Enforcement Access to Data Stored Abroad. It was co-sponsored in the Senate by Orrin Hatch, Chris Coons, and Dean Heller, and in the House by Tom Marino and Suzan DelBene. Patrick Maines, “The LEADS Act and Cloud Computing,” The Hill, March 30, 2015, https://thehill.com/blogs/pundits-blog/technology/237328-the-leads-act-and-cloud-computing. Back to note reference 9.

10. There was naturally a long and winding road between our initial loss before Judge Francis in 2014 and our arrival at the steps of the Supreme Court in 2018. We lost the next round of litigation at the District Court level before Chief Judge Loretta Preska, who ruled against us in July 2014. It was a lively two-hour argument, with the government’s lawyer relying on the fact that the US government could force companies to produce their business records from around the world. Our team made what we always regarded as one of our fundamental points, that other people’s emails didn’t belong to us and were not our business records to treat however we wished. But Judge Preska didn’t buy it and surprised us by giving her ruling orally in the courtroom as the oral argument ended. Ellen Nakashima, “Judge Orders Microsoft to Turn Over Data Held Overseas,” Washington Post, July 31, 2014, https://www.washingtonpost.com/world/national-security/judge-orders-microsoft-to-turn-over-data-held-overseas/2014/07/31/b07c4952-18d4-11e4-9e3b-7f2f110c6265_story.html?utm_term=.e913e692474e. As the Post put it, “The judge’s ruling probably will prompt more expressions of outrage from foreign officials, especially in the European Union, about the potential for intrusion into their sovereignty.” That in fact was the case.

    The next round took us to the Court of Appeals for the Second Circuit, which considers all appeals from district court decisions in New York, Connecticut, and Vermont. As we prepared for this step and in part with an eye on the ultimate need for legislation, we decided to try to broaden the public discussion and enlist more voices in it. We embarked on a major recruiting drive to ask groups to support us by filing amicus—so-called “friend of the court”—briefs. We quickly garnered support from a wide variety of organizations but worried about trying to break through in a crowded news cycle.

    We came up with an idea: Why not produce our own broadcast show to bring the issues and support to life? We could create short videos to show a data center and explain the issues in more approachable terms. We could invite experts to break down the issues, explain why people needed to pay attention and push for reform. The event could take place at Microsoft’s new offices in New York. The press could attend in person while we live-streamed the session on the web, beamed out with an additional important audience in mind: the US Congress.

    We concluded that we needed a respected journalist to learn about the issues and serve as moderator. I had gotten to know Charlie Gibson, the famed and respected former ABC news anchor, as a member of the Princeton University Board of Trustees. Happily, he agreed to serve in the role as long as he could ask people hard questions as serious journalists would expect. We readily agreed.

    On a frigid morning in December 2014, we broadcast our electronic privacy program from Microsoft’s New York office in Times Square. We announced the filing of amicus briefs from groups that included twenty-eight tech and media companies, twenty-three trade associations and advocacy groups, and thirty-five leading computer scientists. And to top it off, there was a supportive brief from the Government of Ireland itself. As I announced the filings, I joked that this was the first time anyone could remember that the ACLU and Fox News had worked together and were on the same side. Video of the event: https://ll.ms-studiosmedia.com/events/2014/1412/ElectronicPrivacy/live/ElectronicPrivacy.html. The event accomplished what we wanted, generating news coverage across the country and around the world. And perhaps most importantly, with the strange bedfellows that had come together to endorse our approach, more people in Congress started to take notice.

    In July 2016, more than seven months after the oral argument in New York, a unanimous three-judge panel in the Second Circuit ruled in our favor. Brad Smith, “Our Search Warrant Case: An Important Decision for People Everywhere,” Microsoft on the Issues (blog), Microsoft, July 14, 2016, https://blogs.microsoft.com/on-the-issues/2016/07/14/search-warrant-case-important-decision-people-everywhere/. The Department of Justice then successfully persuaded the Supreme Court to consider the case, which brought us to the steps of that courthouse in 2018. Back to note reference 10.

11. Microsoft Corp. v. AT&T Corp., 550 U.S. 437 (2007). Back to note reference 11.

12. Official Transcript, Microsoft Corp. v. AT&T Corp., February 21, 2007. Back to note reference 12.

13. Clarifying Lawful Overseas Use of Data Act of 2018, H.R. 4943, 115th Cong. (2018). Back to note reference 13.

14. Brad Smith, “The CLOUD Act Is an Important Step Forward, but Now More Steps Need to Follow,” Microsoft on the Issues (blog), Microsoft, April 3, 2018, https://blogs.microsoft.com/on-the-issues/2018/04/03/the-cloud-act-is-an-important-step-forward-but-now-more-steps-need-to-follow/. Back to note reference 14.

15. Derek B. Johnson, “The CLOUD Act, One Year On,” FCW: The Business of Federal Technology, April 8, 2019, https://fcw.com/articles/2019/04/08/cloud-act-turns-one.aspx. Back to note reference 15.

CHAPTER 4: CYBERSECURITY

1. “St Bartholomew’s Hospital during World War Two,” BBC, December 19, 2005, https://www.bbc.co.uk/history/ww2peopleswar/stories/10/a7884110.shtml. Back to note reference 1.

2. “What Does NHS England Do?” NHS England, accessed November 14, 2018, https://www.england.nhs.uk/about/about-nhs-england/. Back to note reference 2.

3. Kim Zetter, “Sony Got Hacked Hard: What We Know and Don’t Know So Far,” Wired, December 3, 2014, https://www.wired.com/2014/12/sony-hack-what-we-know/. Back to note reference 3.

4. Bill Chappell, “WannaCry Ransomware: What We Know Monday,” NPR, May 15, 2017, https://www.npr.org/sections/thetwo-way/2017/05/15/528451534/wannacry-ransomware-what-we-know-monday. Back to note reference 4.

5. Nicole Perlroth and David E. Sanger, “Hackers Hit Dozens of Countries Exploiting Stolen N.S.A. Tool,” New York Times, May 12, 2017, https://www.nytimes.com/2017/05/12/world/europe/uk-national-health-service-cyberattack.html. Back to note reference 5.

6. Bruce Schneier, “Who Are the Shadow Brokers?” The Atlantic, 23 May 2017. https://www.theatlantic.com/technology/archive/2017/05/shadow-brokers/527778/. Back to note reference 6.

7. Nicole Perlroth and David E. Sanger, “Hackers Hit Dozens of Countries Exploiting Stolen N.S.A. Tool,” New York Times, May 12, 2017, https://www.nytimes.com/2017/05/12/world/europe/uk-national-health-service-cyberattack.html. Back to note reference 7.

8. Brad Smith, “The Need for Urgent Collective Action to Keep People Safe Online: Lessons from Last Week’s Cyberattack,” Microsoft on the Issues (blog), Microsoft, May 14 2017, https://blogs.microsoft.com/on-the-issues/2017/05/14/need-urgent-collective-action-keep-people-safe-online-lessons-last-weeks-cyberattack/. Back to note reference 8.

9. Choe Sang-Hun, David E. Sanger, and William J. Broad, “North Korean Missile Launch Fails, and a Show of Strength Fizzles,” New York Times, April 15, 2017, https://www.nytimes.com/2017/04/15/world/asia/north-korea-missiles-pyongyang-kim-jong-un.html. Back to note reference 9.

10. Lily Hay Newman, “How an Accidental ‘Kill Switch’ Slowed Friday’s Massive Ransomware Attack,” Wired, May 13, 2017, https://www.wired.com/2017/05/accidental-kill-switch-slowed-fridays-massive-ransomware-attack/. Back to note reference 10.

11. Andy Greenberg, “The Untold Story of NotPetya, the Most Devastating Cyberattack in History,” Wired, August 22, 2018, https://www.wired.com/story/notpetya-cyberattack-ukraine-russia-code-crashed-the-world/. Back to note reference 11.

12. Ibid.; Stilgherrian, “Blaming Russia for NotPetya Was Coordinated Diplomatic Action,” ZDNet, April 12, 2018, https://www.zdnet.com/article/blaming-russia-for-notpetya-was-coordinated-diplomatic-action. Back to note reference 12.

13. Josh Fruhlinger, “Petya Ransomware and NotPetya Malware: What You Need to Know Now,” October 17, 2017, https://www.csoonline.com/article/3233210/petya-ransomware-and-notpetya-malware-what-you-need-to-know-now.html. Back to note reference 13.

14. Greenberg, “The Untold Story of NotPetya.” Back to note reference 14.

15. Microsoft, “RSA 2018: The Effects of NotPetya,” YouTube video, 1:03, produced by Brad Smith, Carol Ann Browne, and Thanh Tan, April 17, 2018, https://www.youtube.com/watch?time_continue=1&v=QVhqNNO0DNM. Back to note reference 15.

16. Andy Sharp, David Tweed, and Toluse Olorunnipa, “U.S. Says North Korea Was Behind WannaCry Cyberattack,” Bloomberg, December 18, 2017, https://www.bloomberg.com/news/articles/2017-12-19/u-s-blames-north-korea-for-cowardly-wannacry-cyberattack. Back to note reference 16.

CHAPTER 5: PROTECTING DEMOCRACY

1. Max Farrand, ed., The Records of the Federal Convention of 1787 (New Haven, CT: Yale University Press, 1911), 3:85. Back to note reference 1.

2. The Digital Crimes Unit has evolved almost constantly since we first moved beyond the anticounterfeiting work that initially led us to recruit investigators and former prosecutors to address criminal activity involving new technology. One key turning point came in the early 2000s, when the chief of the Toronto police force came to Redmond. He was on a mission to persuade us to make a major investment to help police fight child pornography and exploitation around the world. As I walked downstairs to meet with him in a conference room, I was convinced that we had no room in our budget to take on this new mission. I left the meeting ninety minutes later convinced that we had no choice but to help put a dent in the online exploitation that remains one of the most horrific creations of the internet age. We cut spending elsewhere, and a new DCU team emerged that ever since has used a combination of technology and legal tactics to help protect children.

   Another moment came in 2008 when some of us visited Seoul, and the South Korean Government took me on a tour of its national cybercrime headquarters. We were impressed by their team and even more impressed by their cutting-edge facility, which was better than anything at our headquarters. We returned home and decided to create for the DCU a dedicated Cybercrime Center with the world’s premier tools and resources for its work on our Redmond Campus. This includes separate, dedicated office space that can be used by visiting investigators and lawyers when the DCU pursues joint operations with law enforcement or other groups.

   By 2012, the DCU innovated in new ways to address cybercriminals’ use of “botnets” to infect and take control of PCs around the world. Nick Wingfield and Nicole Perlroth, “Microsoft Raids Tackle Internet Crime,” New York Times, March 26, 2012, https://www.nytimes.com/2012/03/26/technology/microsoft-raids-tackle-online-crime.html. DCU lawyer Richard Boscovich first developed the legal technique to take control of these groups’ command and control servers based on arguments grounded in trademark infringement and the even older legal concept that protects against “trespass to chattels.” I’ve always found it a bit amusing that we’re protecting computers based on a legal doctrine first developed in England in part to protect cattle.

   More recently, the DCU has taken on the challenge of fighting the fraudulent and annoying telephone calls and other technology scams that seek to persuade people at home that their PC or smartphone is infected and they need to spend money to install new security software to fix it. Microsoft Assistant General Counsel Courtney Gregoire has led innovative work that has taken us to India and elsewhere around the world to address these problems at their source. Courtney Gregoire, “New Breakthroughs in Combatting Tech Support Scams,” Microsoft on the Issues (blog), Microsoft, November 29, 2018, https://blogs.microsoft.com/on-the-issues/2018/11/29/new-breakthroughs-in-combatting-tech-support-scams/. Back to note reference 2.

3. Brandi Buchman, “Microsoft Turns to Court to Break Hacker Ring,” Courthouse News Service, August 10, 2016, https://www.courthousenews.com/microsoft-turns-to-court-to-break-hacker-ring/. Back to note reference 3.

4. April Glaser, “Here Is What We Know About Russia and the DNC Hack,” Wired, July 27, 2016, https://www.wired.com/2016/07/heres-know-russia-dnc-hack/. Back to note reference 4.

5. Alex Hern, “Macron Hackers Linked to Russian-Affiliated Group Behind US Attack,” Guardian, May 8, 2017, https://www.theguardian.com/world/2017/may/08/macron-hackers-linked-to-russian-affiliated-group-behind-us-attack. Back to note reference 5.

6. Kevin Poulsen and Andrew Desiderio, “Russian Hackers’ New Target: A Vulnerable Democratic Senator,” Daily Beast, July 26, 2018, https://www.thedailybeast.com/russian-hackers-new-target-a-vulnerable-democratic-senator?ref=scroll. Back to note reference 6.

7. Griffin Connolly, “Claire McCaskill Hackers Left Behind Clumsy Evidence That They Were Russian,” Roll Call, August 23, 2018, https://www.rollcall.com/news/politics/mccaskill-hackers-evidence-russian. Back to note reference 7.

8. Tom Burt, “Protecting Democracy with Microsoft AccountGuard,” Microsoft on the Issues (blog), Microsoft, August 20, 2018, https://blogs.microsoft.com/on-the-issues/2018/08/20/protecting-democracy-with-microsoft-accountguard/. Back to note reference 8.

9. Brad Smith, “We Are Taking New Steps Against Broadening Threats to Democracy,” Microsoft on the Issues (blog), Microsoft, August 20, 2018, https://blogs.microsoft.com/on-the-issues/2018/08/20/we-are-taking-new-steps-against-broadening-threats-to-democracy/. Back to note reference 9.

10. Brad Smith, “Microsoft Sounds Alarm on Russian Hacking Attempts,” interview by Amna Nawaz, PBS News Hour, August 22, 2018, https://www.pbs.org/newshour/show/microsoft-sounds-alarm-on-russian-hacking-attempts. Back to note reference 10.

11. “Moscow: Microsoft’s Claim of Russian Meddling Designed to Exert Political Effect,” Sputnik International, August 21, 2018, https://sputniknews.com/us/201808211067354346-us-microsoft-hackers/. Back to note reference 11.

12. Tom Burt, “Protecting Democratic Elections Through Secure, Verifiable Voting,” Microsoft on the Issues (blog), May 6, 2019, https://blogs.microsoft.com/on-the-issues/2019/05/06/protecting-democratic-elections-through-secure-verifiable-voting/. Back to note reference 12.

CHAPTER 6: SOCIAL MEDIA

1. Freedom Without Borders, Permanent Exhibition, Vabamu Museum of Occupations and Freedom, Tallin, Estonia, https://vabamu.ee/plan-your-visit/permanent-exhibitions/freedom-without-borders. Back to note reference 1.

2. Shortly after her birth, Olga’s father, eager to escape the tumult and famine of Ukraine, accepted an appointment as chief surgeon at a hospital near the Moscow railway, with hopes of eventually immigrating north to Estonia. They never made it. The family’s plans were cut short when Olga’s mother, weakened by malnutrition, died suddenly from meningitis. Soon, her widowed father, who had dodged the Bolsheviks for several years, was imprisoned in a Siberian camp. At the age of two, Olga and her older brother, then seven, were fending for themselves, surviving on fish caught with makeshift nets in a nearby pond. Word of the abandoned children made its way to Tallinn where an uncle used his railway connections and aid from the Red Cross to bring the siblings safely to Estonia. Olga was taken into the arms of a charitable foster family, who raised her through two occupations and a global conflict, eventually sending her to the University of Tartu where she earned a medical degree. Toward the end of the Second World War, Olga fled with retreating German soldiers and made her way toward the American sector in Germany. Again, thanks to the kindness of strangers, Olga was lifted to safety—this time through the window of an overcrowded train just as it pulled from a station toward the city of Erlangen and into freedom. Ede Schank Tamkivi, “The Story of a Museum,” Vabamu, Kistler-Ritso Eesti Sihtasutus, December 2018, 42. Back to note reference 2.

3. Ede Schank Tamkivi, “The Story of a Museum,” Vabamu, Kistler-Ritso Eesti Sihtasutus, December 2018, 42. Back to note reference 3.

4. Damien McGuinness, “How a Cyber Attack Transformed Estonia,” BBC News, April 27, 2017, https://www.bbc.com/news/39655415. Back to note reference 4.

5. Rudi Volti, Cars and Culture: The Life Story of a Technology (Westport, CT: Greenwood Press, 2004), 40. Back to note reference 5.

6. Ibid., 39. Back to note reference 6.

7. Ibid. Back to note reference 7.

8. Sherry Turkle, Alone Together: Why We Expect More from Technology and Less from Each Other (New York: Basic Books, 2011), 17. Back to note reference 8.

9. Philip N. Howard, Bharath Ganesh, Dimitra Liotsiou, John Kelly, and Camille François, “The IRA, Social Media and Political Polarization in the United States, 2012–2018” (working paper, Computational Propaganda Research Project, University of Oxford, 2018), https://fas.org/irp/congress/2018_rpt/ira.pdf. Back to note reference 9.

10. Ibid. Back to note reference 10.

11. Ryan Lucas, “How Russia Used Facebook to Organize 2 Sets of Protesters,” NPR, November 1, 2017, https://www.npr.org/2017/11/01/561427876/how-russia-used-facebook-to-organize-two-sets-of-protesters. Back to note reference 11.

12. Deepa Seetharaman, “Zuckerberg Defends Facebook Against Charges It Harmed Political Discourse,” Wall Street Journal, November 10, 2016, https://www.wsj.com/articles/zuckerberg-defends-facebook-against-charges-it-harmed-political-discourse-1478833876. Back to note reference 12.

13. Chloe Watson, “The Key Moments from Mark Zuckerberg’s Testimony to Congress,” Guardian, April 11, 2018, https://www.theguardian.com/technology/2018/apr/11/mark-zuckerbergs-testimony-to-congress-the-key-moments. Back to note reference 13.

14. Mark R. Warner, “Potential Policy Proposals for Regulation of Social Media and Technology Firms” (draft white paper, Senate Intelligence Committee, 2018), https://www.scribd.com/document/385137394/MRW-Social-Media-Regulation-Proposals-Developed. Back to note reference 14.

15. When Congress passed the Communications Decency Act in 1996, it included section 230(c)(1), which states that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” 47 U.S.C. § 230, at https://www.law.cornell.edu/uscode/text/47/230. As one author has noted, “When first enacted by Congress, section 230 was intended to foster openness and innovation in the World Wide Web by giving websites broad legal protections and allowing the Internet to grow as a true marketplace of ideas. Advocates of online free speech at the time had argued that if controls were as tight on internet communication as with offline communication, the constant threat of litigation would intimidate individuals from weighing in on important issues of public concern.” Marie K. Shanahan, Journalism, Online Comments, and the Future of Public Discourse (New York: Routledge, 2018), 90. Back to note reference 15.

16. Ibid., 8. Back to note reference 16.

17. Kevin Roose, “A Mass Murder of, and for, the Internet,” New York Times, March 15, 2019, https://www.nytimes.com/2019/03/15/technology/facebook-youtube-christchurch-shooting.html. Back to note reference 17.

18. Ibid. Back to note reference 18.

19. Matt Novak, “New Zealand’s Prime Minister Says Social Media Can’t Be ‘All Profit, No Responsibility,’” Gizmodo, March 19, 2019, https://gizmodo.com/new-zealands-prime-minister-says-social-media-cant-be-a-1833398451. Back to note reference 19.

20. Ibid. Back to note reference 20.

21. Milestones: Westinghouse Radio Station KDKA, 1920, Engineering and Technology History Wiki, https://ethw.org/Milestones:Westinghouse_Radio_Station_KDKA,_1920. Back to note reference 21.

22. Stephen Smith, “Radio: The Internet of the 1930s,” American RadioWorks, November 10, 2014, http://www.americanradioworks.org/segments/radio-the-internet-of-the-1930s/. Back to note reference 22.

23. Ibid. Back to note reference 23.

24. Vaughan Bell, “Don’t Touch That Dial! A History of Media Technology Scares, from the Printing Press to Facebook,” Slate, February 15, 2010, https://slate.com/technology/2010/02/a-history-of-media-technology-scares-from-the-printing-press-to-facebook.html. Back to note reference 24.

25. Vincent Pickard, “The Revolt Against Radio: Postwar Media Criticism and the Struggle for Broadcast Reform,” in Moment of Danger: Critical Studies in the History of U.S. Communication Since World War II (Milwaukee: Marquette University Press, 2011), 35–56. Back to note reference 25.

26. Ibid., 36. Back to note reference 26.

27. Vincent Pickard, “The Battle Over the FCC Blue Book: Determining the Role of Broadcast Media in a Democratic Society, 1945–1948,” Media, Culture & Society 33(2), 171–91, https://doi.org/10.1177/0163443710385504. As recognized by another scholar, “The Blue Book was not simply a remarkable regulatory moment in the history of the FCC; it was also the catalyst for the most widespread public discussion of advertising and broadcasting in American history.” Michael Socolow, “Questioning Advertising’s Influence over American Radio: The Blue Book Controversy of 1945–1947,” Journal of Radio Studies 9(2), 282, 287. Back to note reference 27.

28. As Socolow has observed, “The Blue Book led to a new consciousness of responsibility within the industry.” Ibid., 297. Among specific developments that followed, CBS and NBC adopted stringent self-regulatory codes. CBS established a documentary unit, which led NBC to launch a new series to compete with it. Ibid., 297–98. Back to note reference 28.

29. The Parliament of the Commonwealth of Australia, “Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019, A Bill for an Act to Amend the Criminal Code Act 1995, and for Related Purposes,” https://parlinfo.aph.gov.au/parlInfo/download/legislation/bills/s1201_first-senate/toc_pdf/1908121.pdf;fileType=application%2F.pdf; Jonathan Shieber, “Australia Passes Law to Hold Social Media Companies Responsible for ‘Abhorrent Violent Material,’” TechCrunch, April 4, 2019, https://techcrunch.com/2019/04/04/australia-passes-law-to-hold-social-media-companies-responsible-for-abhorrent-violent-material/. I spent a day in Canberra following my two days in Wellington, just eight days before the Australian law was passed. Reflecting the speed involved, at that point a piece of legislation hadn’t yet even been unveiled. Back to note reference 29.

30. When I was in Canberra the week before the new law was passed, I sought to make the case for strong but more deliberative action. As I said to the Australian Financial Review, “I think that governments do need to start moving faster on technology issues, but one always needs to be very careful not to move faster than the speed of thought.” I quickly added, “Not surprisingly, I’m not going to be the foremost advocate of sending myself or my colleagues in other companies to prison. I think that might have a chilling effect on international travel, that actually helps us understand what the world’s people need from our products.” Paul Smith, “Microsoft President Says Big Tech Regulation Must Learn from History,” The Australian Financial Review, April 2, 2019, https://www.afr.com/technology/technology-companies/microsoft-president-says-big-tech-regulation-must-learn-from-history-20190329-p518v2. Back to note reference 30.

31. Warner, 9. Back to note reference 31.

32. HM Government, Online Harms White Paper, April 2019, 7, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/793360/Online_Harms_White_Paper.pdf. Back to note reference 32.

33. “Restoring Trust & Accountability,” NewsGuard, last modified 2019, https://www.newsguardtech.com/how-it-works/. Back to note reference 33.

34. Ibid. Back to note reference 34.

35. George C. Herring, From Colony to Superpower: U.S. Foreign Relations Since 1776 (Oxford: Oxford University Press, 2008), 72. Back to note reference 35.

36. Ironically, the Jacobins who rose to power during the French Revolution soon revoked Genêt’s papers and called for his arrest and execution. “In a stunning show of magnanimity, Washington granted Genêt asylum, and the Frenchman who had been willing to overthrow the first government of the United States declared his allegiance to the American flag, renounced his French citizenship, married the daughter of New York governor George Clinton, and retired to a farm in Jamaica, Long Island. He died a high-living hypocrite who came to love the land he had sought to undermine as an arrogant youth. In another country he would have been hanged.” John Avalon, Washington’s Farewell: The Founding Father’s Warning to Future Generations (New York: Simon & Schuster, 2017), 66. Back to note reference 36.

37. George Washington, “Washington’s Farewell Address of 1796,” Avalon Project, Lillian Goldman Law Library, Yale Law School, http://avalon.law.yale.edu/18th_century/washing.asp. Back to note reference 37.

CHAPTER 7: DIGITAL DIPLOMACY

1. Robbie Gramer, “Denmark Creates the World’s First Ever Digital Ambassador,” Foreign Policy, January 27, 2017, https://foreignpolicy.com/2017/01/27/denmark-creates-the-worlds-first-ever-digital-ambassador-technology-europe-diplomacy/. Back to note reference 1.

2. Henry V. Poor, Manual of the Railroads of the United States for 1883 (New York: H. V. & H. W. Poor, 1883), iv. Back to note reference 2.

3. James W. Ely Jr., Railroads & American Law (Lawrence: University Press of Kansas, 2003). Another particularly good book that charts the long arc of technology regulation for railroads is Steven W. Usselman, Regulating Railroad Innovation (Cambridge, UK: Cambridge University Press, 2002). Back to note reference 3.

4. Brad Smith, “Trust in the Cloud in Tumultuous Times,” March 1, 2016, RSA Conference, Moscone Center San Francisco, video, 30:35, https://www.rsaconference.com/events/us16/agenda/sessions/2750/trust-in-the-cloud-in-tumultuous-times [inactive]. Back to note reference 4.

5. Siemens AG, Charter of Trust on Cybersecurity, July 2018, https://docplayer.net/88815505-Siemens-portugal-day-lisbon-june-22-2016.html. Back to note reference 5.

6. Brad Smith, “The Need for a Digital Geneva Convention,” Microsoft on the Issues (blog), Microsoft, February 14, 2017, https://blogs.microsoft.com/on-the-issues/2017/02/14/need-digital-geneva-convention/. Back to note reference 6.

7. Elizabeth Weise, “Microsoft Calls for ‘Digital Geneva Convention,” USA Today, February 14, 2017, https://www.usatoday.com/story/tech/news/2017/02/14/microsoft-brad-smith-digital-geneva-convention/97883896/. Back to note reference 7.

8. Brad Smith, “We Need to Modernize International Agreements to Create a Safer Digital World,” Microsoft on the Issues (blog), Microsoft, November 10, 2017, https://blogs.microsoft.com/on-the-issues/2017/11/10/need-modernize-international-agreements-create-safer-digital-world/. Back to note reference 8.

9. A good firsthand account was authored in 1989 by Paul Nitze, one of the principal arms negotiators of the Cold War era. Paul Nitze, From Hiroshima to Glasnost: At the Center of Decision, A Memoir (New York: Grove Weidenfeld, 1989). Back to note reference 9.

10. David Smith, “Movie Night with the Reagans: WarGames, Red Dawn . . . and Ferris Bueller’s Day Off,” Guardian, March 3, 2018, https://www.theguardian.com/us-news/2018/mar/03/movie-night-with-the-reagans. Back to note reference 10.

11. WarGames, directed by John Badham (Beverly Hills: United Artists, 1983). Back to note reference 11.

12. Fred Kaplan, Dark Territory: The Secret History of Cyber War (New York: Simon & Schuster, 2016), 1–2. Back to note reference 12.

13. Seth Rosenblatt, “Where Did the CFAA Come From, and Where Is It Going?” The Parallax, March 16, 2016, https://the-parallax.com/2016/03/16/where-did-the-cfaa-come-from-and-where-is-it-going/. Back to note reference 13.

14. Michael McFaul, From Cold War to Hot Peace: An American Ambassador in Putin’s Russia (Boston: Houghton Mifflin Harcourt, 2018). Back to note reference 14.

15. Paul Scharre, Army of None: Autonomous Weapons and the Future of War (New York: W. W. Norton, 2018), 251. Back to note reference 15.

16. The International Committee of the Red Cross, or ICRC, plays a vital role today in every aspect of the implementation and promotion of compliance with the Geneva Conventions. This is despite the fact that, as two legal scholars have recognized, “a wide gap separates the meagre language of the [Geneva] Conventions’ provisions mandating ICRC operations from the broad perception and exercise in practice of that mandate by the ICRC.” Rotem Giladi and Steven Ratner, “The Role of the International Committee of the Red Cross,” in Andrew Clapham, Paola Gaeta, and Marco Sassoli, eds., The 1949 Geneva Conventions: A Commentary (Oxford: Oxford University Press, 2015). The ICRC’s success speaks to the uniquely credible role that a nongovernmental organization can play if it can successfully establish its credibility in a sustained way over an extended period of time. Back to note reference 16.

17. Jeffrey W. Knopf, “NGOs, Social Movements, and Arms Control,” in Arms Control: History, Theory, and Policy, Volume 1: Foundations of Arms Control, ed. Robert E. Williams Jr. and Paul R. Votti (Santa Barbara: Praeger, 2012), 174–75. Back to note reference 17.

18. Bruce D. Berkowitz, Calculated Risks: A Century of Arms Control, Why It Has Failed, and How It Can Be Made to Work (New York: Simon and Schuster, 1987), 156. Back to note reference 18.

19. Arguably the most influential such effort has involved an international group of experts that twice has come together at the NATO Cooperative Cyber Defence Centre of Excellence in Tallinn, Estonia. The group’s most recent work resulted in an influential work with a less than dramatic title, the Tallinn Manual 2.0. It contains 154 rules that the experts concluded represent “the international law governing cyber warfare.” Michael N. Schmitt, ed., Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations (Cambridge, UK: Cambridge University Press, 2017), 1. Back to note reference 19.

20. As Sanger has accurately described cyberweapons, “The weapons remain invisible, the attacks deniable, the results uncertain.” David Sanger, The Perfect Weapon: War, Sabotage, and Fear in the Cyber Age (New York: Crown, 2018), xiv. Back to note reference 20.

21. This is not the first time that non-state actors have played a potentially important role in the verification and enforcement of international rules. As one author has noted, “International NGO Landmine Monitor, with members in 95 countries, plays a major role in collecting information on violations of the Ottawa Convention. Though Landmine Monitor is not officially mentioned in the treaty, its findings are presented at the annual conference of states party to the agreement and have been used to present official allegations of treaty violations.” Mark E. Donaldson, “NGOs and Arms Control Processes,” in Williams and Votti, 199. Back to note reference 21.

22. “About the Cybersecurity Tech Accord,” Tech Accord, accessed November 14, 2018, https://cybertechaccord.org/about/. Back to note reference 22.

23. Brad Smith, “The Price of Cyber-Warfare,” April 17, 2018, RSA Conference, Moscone Center San Francisco, video, 21:11,https://www.rsaconference.com/events/us18/agenda/sessions/11292-the-price-of-cyber-warfare [inactive]. Back to note reference 23.

24. “Charter of Trust,” Siemens, https://new.siemens.com/global/en/company/topic-areas/digitalization/cybersecurity.html. Back to note reference 24.

25. Emmanuel Macron, “Forum de Paris sur la Paix: Rendez-vous le 11 Novembre 2018 | Emmanuel Macron,” YouTube video, 3:21, July 3, 2018, https://www.youtube.com/watch?v=-tc4N8hhdpA&feature=youtube. Back to note reference 25.

26. “Cybersecurity: Paris Call of 12 November 2018 for Trust and Security in Cyberspace,” France Diplomatie press release, November 12, 2018, https://www.diplomatie.gouv.fr/en/french-foreign-policy/digital-diplomacy/france-and-cyber-security/article/cybersecurity-paris-call-of-12-november-2018-for-trust-and-security-in. Back to note reference 26.

27. Ibid. Back to note reference 27.

28. Charlotte Graham-McLay and Adam Satariano, “New Zealand Seeks Global Support for Tougher Measures on Online Violence,” New York Times, May 12, 2019, https://www.nytimes.com/2019/05/12/technology/ardern-macron-social-media-extremism.html?searchResultPosition=1; Jacinda Ardern, “Jacinda Ardern: How to Stop the Next Christchurch Massacre,” New York Times, May 11, 2019, https://www.nytimes.com/2019/05/11/opinion/sunday/jacinda-ardern-social-media.html?searchResultPosition=4. Back to note reference 28.

29. Jeffrey W. Knopf, “NGOs, Social Movements, and Arms Control,” in Arms Control: History, Theory, and Policy, Volume 1: Foundations of Arms Control, ed. Robert E. Williams Jr. and Paul R. Votti (Santa Barbara: Praeger, 2012), 174–75. Back to note reference 29.

30. Ibid., 180. Back to note reference 30.

31. Ibid. Back to note reference 31.

32. The point here is not that the Tallinn Manual has been anything less than important. To the contrary, it has been critical. But it doesn’t exactly have a “brand name” that sends a broad and succinct message at a time when public diplomacy needs to advance in an era dominated by social media. Back to note reference 32.

33. Casper Klynge’s Twitter account: Casper Klynge (@DKTechAmb), https://twitter.com/DKTechAmb. Back to note reference 33.

34. Boyd Chan, “Microsoft Kicks Off Digital Peace Now Initiative to #Stopcyberwarfare,” Neowin, September 30, 2018, https://www.neowin.net/news/microsoft-kicks-off-digital-peace-now-initiative-to-stopcyberwarfare; Microsoft, Digital Peace Now, https://digitalpeace.microsoft.com/. Back to note reference 34.

35. Albert Einstein, “The 1932 Disarmament Conference,” Nation, August 23, 2001, https://www.thenation.com/article/1932-disarmament-conference-0/. Back to note reference 35.

CHAPTER 8: CONSUMER PRIVACY

1. European Union Agency for Fundamental Rights, Handbook on European Data Protection Law, 2018 Edition (Luxembourg: Publications Office of the European Union, 2018), 29. Back to note reference 1.

2. Ibid., 30. Back to note reference 2.

3. We made the call for federal legislation at a speech on Capitol Hill before the Congressional Internet Caucus. We called for a federal law to include four elements: a uniform baseline consistent with privacy laws around the world that would apply both online and offline; increased transparency for the collection, use, and disclosure of personal information; personal control over the use and disclosure of personal information; and minimum-security requirements for the storage and transit of personal information. Jeremy Reimer, “Microsoft Advocates the Need for Comprehensive Federal Data Privacy Legislation,” Ars Technica, November 3, 2005, https://arstechnica.com/uncategorized/2005/11/5523-2/. For the original materials, see Microsoft Corporation, Microsoft Advocates Comprehensive Federal Privacy Legislation, November 3, 2005, https://news.microsoft.com/2005/11/03/microsoft-advocates-comprehensive-federal-privacy-legislation/; Microsoft PressPass, Microsoft Addresses Need for Comprehensive Federal Data Privacy Legislation, November 3, 2005, https://news.microsoft.com/2005/11/03/microsoft-addresses-need-for-comprehensive-federal-data-privacy-legislation/; video of Brad Smith at Congressional Internet Caucus, November 3, 2005, https://www.youtube.com/watch?v=Sj10rKDpNHE. Back to note reference 3.

4. Martin A. Weiss and Kristin Archick, U.S.-EU Data Privacy: From Safe Harbor to Privacy Shield (Washington, DC: Congressional Research Service, 2016), https://fas.org/sgp/crs/misc/R44257.pdf. Back to note reference 4.

5. Joseph D. McClendon and Fox Rothschild, “The EU-U.S. Privacy Shield Agreement Is Unveiled, but Its Effects and Future Remain Uncertain,” Safe Harbor (blog), Fox Rothschild, March 2, 2016, https://dataprivacy.foxrothschild.com/tags/safe-harbor/. Back to note reference 5.

6. David M. Andrews, et. al., The Future of Transatlantic Economic Relations (Florence, Italy: European University Institute, 2005), 29; https://www.law.uci.edu/faculty/full-time/shaffer/pdfs/2005%20The%20Future%20of%20Transatlantic%20Economic%20Relations.pdf. Back to note reference 6.

7. Daniel Hamilton and Joseph P. Quinlan, The Transatlantic Economy 2016 (Washington, DC: Center for Transatlantic Relations, 2016), v. Back to note reference 7.

8. An interesting contemporaneous account with Schrems as his case unfolded, see Robert Levine, “Behind the European Privacy Ruling That’s Confounding Silicon Valley,” New York Times, 9 Oct. 2015. https://www.nytimes.com/2015/10/11/business/international/behind-the-european-privacy-ruling-thats-confounding-silicon-valley.html. Back to note reference 8.

9. Kashmir Hill, “Max Schrems: The Austrian Thorn in Facebook’s Side,” Forbes, February 7, 2012, https://www.forbes.com/sites/kashmirhill/2012/02/07/the-austrian-thorn-in-facebooks-side/#2d84e427b0b7. Back to note reference 9.

10. Court of Justice of the European Union, “The Court of Justice Declares That the Commission’s US Safe Harbour Decision Is Invalid,” Press Release No. 117/15, October 6, 2015, https://curia.europa.eu/jcms/upload/docs/application/pdf/2015-10/cp150117en.pdf. Back to note reference 10.

11. Mark Scott, “Data Transfer Pact Between U.S. and Europe Is Ruled Invalid,” New York Times, October 6, 2015, https://www.nytimes.com/2015/10/07/technology/european-union-us-data-collection.html. Back to note reference 11.

12. John Frank, “Microsoft’s Commitments, Including DPA Cooperation, Under the EU-US Privacy Shield,” EU Policy Blog, Microsoft, April 11, 2016, https://blogs.microsoft.com/eupolicy/2016/04/11/microsofts-commitments-including-dpa-cooperation-under-the-eu-u-s-privacy-shield/. Back to note reference 12.

13. Grace Halden, Three Mile Island: The Meltdown Crisis and Nuclear Power in American Popular Culture (New York: Routledge, 2017), 65. Back to note reference 13.

14. Julia Carrie Wong, “Mark Zuckerberg Apologises for Facebook’s ‘Mistakes’ over Cambridge Analytica,” Guardian, March 22, 2018, https://www.theguardian.com/technology/2018/mar/21/mark-zuckerberg-response-facebook-cambridge-analytica. Back to note reference 14.

15. See Shoshana Zuboff, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power (New York: PublicAffairs, 2019). Back to note reference 15.

16. Julie Brill, “Millions Use Microsoft’s GDPR Privacy Tools to Control Their Data — Including 2 Million Americans,” Microsoft on the Issues (blog), Microsoft, September 17, 2018, https://blogs.microsoft.com/on-the-issues/2018/09/17/millions-use-microsofts-gdpr-privacy-tools-to-control-their-data-including-2-million-americans/. Back to note reference 16.

CHAPTER 9: RURAL BROADBAND

1. “Wildfire Burning in Ferry County at 2500 Acres,” KHQ-Q6, August 2, 2016, https://www.khq.com/news/wildfire-burning-in-ferry-county-at-acres/article_95f6e4a2-0aa1-5c6a-8230-9dca430aea2f.html. Back to note reference 1.

2. Federal Communications Commission, 2018 Broadband Deployment Report, February 2, 2018, https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2018-broadband-deployment-report. Back to note reference 2.

3. Jennifer Levitz and Valerie Bauerlein, “Rural America Is Stranded in the Dial-Up Age,” Wall Street Journal, June 15, 2017, https://www.wsj.com/articles/rural-america-is-stranded-in-the-dial-up-age-1497535841. Back to note reference 3.

4. Julianne Twining, “A Shared History of Web Browsers and Broadband Speed,” NCTA, April 10, 2013, https://www.ncta.com/platform/broadband-internet/a-shared-history-of-web-browsers-and-broadband-speed-slideshow/. Back to note reference 4.

5. Microsoft Corporation, An Update on Connecting Rural America: The 2018 Microsoft Airband Initiative, https://blogs.microsoft.com/uploads/prod/sites/5/2018/12/MSFT-Airband_InteractivePDF_Final_12.3.18.pdf. Back to note reference 5.

6. Another problem with the FCC’s approach is that it’s “based on census blocks, which are the smallest geographic unit used by the US Census Bureau (although some are quite large—the biggest, in Alaska, is more than 8,500 square miles). If an internet service provider (ISP) sells broadband to a single customer in a census block, the FCC counts the entire block as having service.” Ibid. Back to note reference 6.

7. “Internet/Broadband Fact Sheet,” Pew Research Center, February 5, 2018, https://www.pewinternet.org/fact-sheet/internet-broadband/. Back to note reference 7.

8. Industry Analysis and Technology Division, Wireline Competition Bureau, Internet Access Services: Status as of June 30, 2017 (Washington, DC: Federal Communications Commission, 2018), https://docs.fcc.gov/public/attachments/DOC-355166A1.pdf. Back to note reference 8.

9. In 2018, we created a dedicated data science team to help us advance our work on key societal issues. We recruited one of Microsoft’s most experienced data scientists, John Kahan, to lead the team. He had led a large team that applied data analytics to track and analyze the company’s sales and product usage, and I had seen first-hand in weekly Senior Leadership Team meetings how this had improved our business performance. He also had a much broader set of interests, based in part on the work he and his team had pursued to use data science to better diagnose the causes of Sudden Infant Death Syndrome, or SIDS, to which John and his wife had lost their infant son, Aaron, more than a decade before. Dina Bass, “Bereaved Father, Microsoft Data Scientists Crunch Numbers to Combat Infant Deaths,” Seattle Times, June 11, 2017, https://www.seattletimes.com/business/bereaved-father-microsoft-data-scientists-crunch-numbers-to-combat-infant-deaths/.

   One of the first projects we gave to the new team was to dig into the concerns we had developed regarding the FCC’s national data map on broadband availability. Within a few months, the team had used multiple data sets to analyze the broadband gap across the country, including data from the FCC and the Pew Research Center, as well as anonymized Microsoft data collected as part of ongoing work to improve the performance and security of our software and services. We published our initial conclusions in December 2018. Microsoft, “An Update on Connecting Rural America: The 2018 Microsoft Airband Initiative,” 9. John and his team shared its findings with staff at the FCC and across the executive branch and provided demonstrations highlighting the data discrepancies in individual states by using a large Microsoft Surface Hub on Capitol Hill.

   The team continued its work in 2019, including by asking the FCC and members of Congress to focus more on the issue. In April, we published specific recommendations that we believed would improve the accuracy of the FCC’s data. John Kahan, “It’s Time for a New Approach for Mapping Broadband Data to Better Serve Americans,” Microsoft on the Issues (blog), Microsoft, April 8, 2019, https://blogs.microsoft.com/on-the-issues/2019/04/08/its-time-for-a-new-approach-for-mapping-broadband-data-to-better-serve-americans/. The same month, the Senate Committee on Commerce, Science, and Transportation zeroed in on the problem in a hearing. Committee Chairman Roger Wicker pointed out the deficiency in current data and said that “to close the digital divide we need to have accurate broadband maps that tell us where broadband is available and where it is not available at certain speeds.” Mitchell Schmidt, “FCC Broadband Maps Challenged as Overstating Access,” The Gazette, April 14, 2019, https://www.thegazette.com/subject/news/government/fcc-broadband-maps-challenged-as-overstating-access-rural-iowans-20190414. Jonathan Spalter, president and chief executive officer of the United States Telecom Association, said in the hearing that “the current yardstick, collecting data by census block, is inadequate. It means if a provider is able to serve a single location within that block then every location is considered served.” Ibid. Back to note reference 9.

10. Schmidt, “FCC Broadband Map.” Back to note reference 10.

11. “November 8, 2016 General Election Results,” Washington Office of the Secretary of State, November 30, 2016, https://results.vote.wa.gov/results/20161108/President-Vice-President_ByCounty.html. Back to note reference 11.

12. “About the Center for Rural Affairs,” Center for Rural Affairs, last updated 2019, https://www.cfra.org/about. Back to note reference 12.

13. Johnathan Hladik, Map to Prosperity (Lyons, NE: Center for Rural Affairs, 2018), https://www.cfra.org/sites/www.cfra.org/files/publications/Map%20to%20Prosperity.pdf, 2, citing Arthur D. Little, “Socioeconomic Effects of Broadband Speed,” Ericsson ConsumerLab and Chalmers University of Technology, September 2013, https://nova.ilsole24ore.com/wordpress/wp-content/uploads/2014/02/Ericsson.pdf. Back to note reference 13.

14. Ibid. Back to note reference 14.

15. Jennifer Levitz and Valerie Bauerlein, “Rural America Is Stranded in the Dial-Up Age.” Back to note reference 15.

16. Ibid. Back to note reference 16.

17. The FCC’s universal service mechanism provides approximately $4 billion to landline carriers through Connect America Fund and legacy programs. In contrast, there is roughly $500 million available for wireless carriers through the Mobility Fund and legacy programs. Back to note reference 17.

18. Sean Buckley, “Lawmakers Introduce New Bill to Accelerate Rural Broadband Deployments on Highway Rights of Way,” Fiercetelecom, March 13, 2017, http://www.fiercetelecom.com/telecom/lawmakers-introduce-new-bill-to-accelerate-rural-broadband-deployments-highway-rights-way. Back to note reference 18.

19. Microsoft Corporation, “United States Broadband Availability and Usage Analysis: Power BI Map,” Stories (blog), Microsoft, December 2018, https://news.microsoft.com/rural-broadband/. Back to note reference 19.

20. “Voice Voyages by the National Geographic Society,” The National Geographic Magazine, vol. 29, March 1916, 312. Back to note reference 20.

21. Ibid., 314. Back to note reference 21.

22. Connie Holland, “Now You’re Cooking with Electricity!” O Say Can You See? (blog), Smithsonian National Museum of American History, August 24, 2017, http://americanhistory.si.edu/blog/cooking-electricity. Back to note reference 22.

23. Ibid. Back to note reference 23.

24. “Rural Electrification Administration,” Roosevelt Institute, February 25, 2011, http://rooseveltinstitute.org/rural-electrification-administration/. Back to note reference 24.

25. Chris Dobbs, “Rural Electrification Act,” New Georgia Encyclopedia, August 22, 2018, http://www.georgiaencyclopedia.org/articles/business-economy/rural-electrification-act. Back to note reference 25.

26. “REA Energy Cooperative Beginnings,” REA Energy Cooperative, accessed January 25, 2019, http://www.reaenergy.com/rea-energy-cooperative-beginnings. Back to note reference 26.

27. “Rural Electrification Administration,” Roosevelt Institute. Back to note reference 27.

28. Ibid. Back to note reference 28.

29. Rural Cooperatives, “Bringing Light to Rural America,” March–April 1998, vol. 65, issue 2, 33. Back to note reference 29.

30. “Rural Electrification Administration,” Roosevelt Institute. Back to note reference 30.

31. “REA Energy Cooperative Beginnings.” REA Energy Cooperative. Back to note reference 31.

32. Ibid. Back to note reference 32.

33. Gina M. Troppa, “The REA Lady: A Shining Example, How One Woman Taught Rural Americans How to Use Electricity,” Illinois Currents, https://www.lib.niu.edu/2002/ic020506.html. Back to note reference 33.

CHAPTER 10: THE TALENT GAP

1. Jon Gertner, The Idea Factory: Bell Labs and the Great Age of American Innovation (New York: Penguin Press, 2012). Back to note reference 1.

2. Brad Smith and Carol Ann Browne, “High-Skilled Immigration Has Long Been Controversial, but Its Benefits Are Clear,” Today in Technology (blog), LinkedIn, December 7, 2017, https://www.linkedin.com/pulse/dec-7-forces-divide-us-bring-together-brad-smith/. Back to note reference 2.

3. Brad Smith and Carol Ann Browne, “The Beep Heard Around the World,” Today in Technology (blog), LinkedIn, October 4, 2017, https://www.linkedin.com/pulse/today-technology-beep-heard-around-world-brad-smith/. Back to note reference 3.

4. Zapolsky acted quickly to mobilize Amazon’s resources to support what became Washington State Attorney General Bob Ferguson’s successful legal challenge to the first travel ban. Stephanie Miot, “Amazon, Expedia Back Suit Over Trump Immigration Ban,” PCMag.com, January 31, 2017, https://www.pcmag.com/news/351453/amazon-expedia-back-suit-over-trump-immigration-ban. Monica Nickelsburg, “Washington AG Explains How Amazon, Expedia, and Microsoft Influenced Crucial Victory Over Trump,” Geekwire, February 3, 2017, https://www.geekwire.com/2017/washington-ag-explains-amazon-expedia-microsoft-influenced-crucial-victory-trump/. Back to note reference 4.

5. Jeff John Roberts, “Microsoft: Feds Must ‘Go Through Us’ to Deport Dreamers,” Fortune, September 5, 2017, http://fortune.com/2017/09/05/daca-microsoft/. Back to note reference 5.

6. Office of Communications, “Princeton, a Student and Microsoft File Federal Lawsuit to Preserve DACA,” Princeton University, November 3, 2017, https://www.princeton.edu/news/2017/11/03/princeton-student-and-microsoft-file-federal-lawsuit-preserve-daca. Back to note reference 6.

7. Microsoft Corporation, A National Talent Strategy, December 2012, https://news.microsoft.com/download/presskits/citizenship/MSNTS.pdf. Back to note reference 7.

8. Jeff Meisner, “Microsoft Applauds New Bipartisan Immigration and Education Bill,” Microsoft on the Issues (blog), Microsoft, January 29, 2013, https://blogs.microsoft.com/on-the-issues/2013/01/29/microsoft-applauds-new-bipartisan-immigration-and-education-bill/. Back to note reference 8.

9. Mark Muro, Sifan Liu, Jacob Whiton, and Siddharth Kulkarni, Digitalization and the American Workforce (Washington, DC: Brookings Metropolitan Policy Program, 2017), https://www.brookings.edu/wp-content/uploads/2017/11/mpp_2017nov15_digitalization_full_report.pdf. Back to note reference 9.

10. Ibid. Back to note reference 10.

11. Nat Levy, “Q&A: Geek of the Year Ed Lazowska Talks UW’s Future in Computer Science and Impact on the Seattle Tech Scene,” Geekwire, May 5, 2017, https://www.geekwire.com/2017/qa-2017-geek-of-the-year-ed-lazowska-talks-uws-future-in-computer-science-and-impact-on-the-seattle-tech-scene/. Lazowska has been a tireless and effective champion for expanding access to computer science, including in higher education. He arrived at the University of Washington when it had only twelve computer science professors and Microsoft was a small start-up. As Bill Gates and Steve Ballmer led Microsoft to become a global technology leader, Lazowska played a decisive role in leading the University of Washington’s work to establish one of the world’s leading computer science programs. Both institutions have benefited from each other’s success and a strong partnership between them, demonstrating in a dramatic way the symbiotic relationship that often exists between the tech sector and leading universities. See Taylor Soper, “Univ. of Washington Opens New Computer Science Building, Doubling Capacity to Train Future Tech Workers,” Geekwire, February 28, 2019, https://www.geekwire.com/2019/photos-univ-washington-opens-new-computer-science-building-doubling-capacity-train-future-tech-workers/. Back to note reference 11.

12. “AP Program Participation and Performance Data 2018,” College Board, https://research.collegeboard.org/programs/ap/data/participation/ap-2018. Back to note reference 12.

13. Ibid. Back to note reference 13.

14. David Gelles, “Hadi Partovi Was Raised in a Revolution. Today He Teaches Kids to Code,” New York Times, January 17, 2019, https://www.nytimes.com/2019/01/17/business/hadi-partovi-code-org-corner-office.html. Back to note reference 14.

15. “Blurbs and Useful Stats,” Hour of Code, accessed January 25, 2019, https://hourofcode.com/us/promote/stats. Back to note reference 15.

16. Megan Smith, “Computer Science for All,” https://obamawhitehouse.archives.gov/blog/2016/01/30/computer-science-all. Back to note reference 16.

17. “The Economic Graph,” LinkedIn, accessed February 27, 2019, https://economicgraph.linkedin.com/. Back to note reference 17.

18. The Markle Foundation’s Skillful initiative has led innovative work to develop skills-oriented hiring, training, and education efforts, based in part on work with LinkedIn. Steve Lohr, “A New Kind of Tech Job Emphasizes Skills, Not a College Degree,” New York Times, June 29, 2017, https://www.nytimes.com/2017/06/28/technology/tech-jobs-skills-college-degree.html. After testing and validating successful efforts in Colorado, Skillful has expanded its work into Indiana. In a similar vein, Microsoft’s subsidiary in Australia has worked with LinkedIn’s Australian team and local governments to use LinkedIn data to better identify the skills that will most be in demand as the economy adopts more digital technology. Microsoft Australia, Building Australia’s Future-Ready Workforce, February 2018, https://msenterprise.global.ssl.fastly.net/wordpress/2018/02/Building-Australias-Future-Ready-Workforce.pdf [inactive]. The World Bank naturally is taking a global approach, working with LinkedIn to construct and validate metrics on skills, industry employment, and talent migration in over one hundred countries. Tingting Juni Zhu, Alan Fritzler, and Jan Orlowski, Data Insights: Jobs, Skills and Migration Trends Methodology & Validation Results, November 2018, http://documents.worldbank.org/curated/en/827991542143093021/World-Bank-Group-LinkedIn-Data-Insights-Jobs-Skills-and-Migration-Trends-Methodology-and-Validation-Results. Back to note reference 18.

19. Paul Petrone, “The Skills New Grads Are Learning the Most,” The Learning Blog (LinkedIn), May 9, 2019, https://learning.linkedin.com/blog/top-skills/the-skills-new-grads-are-learning-the-most. Back to note reference 19.

20. I’ve served as the chair of the board of the Washington State Opportunity Scholarship program since it was created, having been appointed to the position first by Governor Christine Gregoire and then reappointed by Governor Jay Inslee. Back to note reference 20.

21. Katherine Long, “Washington’s Most Generous Scholarship for STEM Students Has Helped Thousands. Could You Be Next?” Seattle Times, December 28, 2018, https://www.seattletimes.com/education-lab/the-states-most-generous-scholarship-for-stem-students-has-helped-thousands-could-you-be-next/; Washington State Opportunity Scholarship, 2018 Legislative Report, December 2018, https://www.waopportunityscholarship.org/wp-content/uploads/2018/11/WSOS-2018-Legislative-Report.pdf. Back to note reference 21.

22. Alan Greenspan and Adrian Wooldridge, Capitalism in America: A History (New York: Penguin Press, 2018), 393, citing Raj Chetty et al., “The Fading American Dream: Trends in Absolute Income Mobility Since 1940,” NBER Working Paper No. 22910, National Bureau of Economic Research, March 2017. Back to note reference 22.

23. Brad Smith, Ana Mari Cauce, and Wayne Martin, “Here’s How Microsoft and UW Leaders Want to Better Fund Higher Education,” Seattle Times, March 20, 2019, https://www.seattletimes.com/opinion/how-the-business-community-can-support-higher-education-funding/. Back to note reference 23.

24. Ibid. Back to note reference 24.

25. Hanna Scott, “Amazon, Microsoft on Opposite Ends of Tax Debate in Olympia,” MyNorthwest, April 5, 2019, https://mynorthwest.com/1335071/microsoft-amazon-hb-2242-tax/. Back to note reference 25.

26. Emily S. Rueb, “Washington State Moves Toward Free and Reduced College Tuition, With Businesses Footing the Bill,” New York Times, May 8, 2019, https://www.nytimes.com/2019/05/08/education/free-college-tuition-washington-state.html. Back to note reference 26.

27. Katherine Long, “110,000 Washington Students a Year Will Get Money for College, Many a Free Ride,” Seattle Times, May 5, 2019, https://www.seattletimes.com/education-lab/110000-washington-students-a-year-will-get-money-for-college-many-a-free-ride/. Back to note reference 27.

28. College Board, “AP Program Participation and Performance Data 2018,” https://www.collegeboard.org/membership/all-access/counseling-admissions-financial-aid-academic/number-girls-and-underrepresented. Back to note reference 28.

29. “Back to School by Statistics,” NCES Fast Facts, National Institute of Education Sciences, August 20, 2018, https://nces.ed.gov/fastfacts/display.asp?id=372. Back to note reference 29.

30. Maria Alcon-Heraux, “Number of Girls and Underrepresented Students Taking AP Computer Courses Spikes Again,” College Board, August 27, 2018, https://www.collegeboard.org/membership/all-access/counseling-admissions-financial-aid-academic/number-girls-and-underrepresented). Back to note reference 30.

31. On the morning of August 5, 1888, Bertha Benz and her two teenage sons, Richard and Eugen, rolled the first patented horseless carriage, or Fahrzeug mit Gasmotorenbetrieb, onto the driveway ringing their home in Mannheim, Germany. Unbeknownst to her husband, Karl, Bertha was taking his three-wheeled contraption on a trip to her mother’s home in Pforzheim—a sixty-mile journey that would later become known as the automobile’s very first road trip. The trip wasn’t easy. It took Bertha and her sons through steep and rugged terrain. They had to push the “smoking monster” up the muddy hills through Heidelberg to Wieslock and repeatedly fill the engine with solvent purchased at local pharmacies. Dirty and exhausted, Bertha and her boys arrived at her mother’s home that evening and telegraphed Karl to announce their success. Their road trip made headlines, setting the stage for a new era of motorized transportation and the future success of the Mercedes-Benz motor company. Brad Smith and Carol Ann Browne, “The Woman Who Showed the World How to Drive,” Today in Technology (blog), LinkedIn, August 5, 2017, https://www.linkedin.com/pulse/august-5-automobiles-first-road-trip-great-inventions-brad-smith/. Back to note reference 31.

32. “Ensuring a Healthy Community: The Need for Affordable Housing, Chart 2,” Stories (blog), Microsoft, https://3er1viui9wo30pkxh1v2nh4w-wpengine.netdna-ssl.com/wp-content/uploads/prod/sites/552/2019/01/Chart-2-Home-Price-vs.-MHI-1000x479.jpg. Back to note reference 32.

33. Daniel Beekman, “Seattle City Council Releases Plan to Tax Businesses, Fund Homelessness Help,” Seattle Times, April 20, 2018, https://www.seattletimes.com/seattle-news/politics/seattle-city-council-releases-plan-to-tax-businesses-fund-homelessness-help/. Back to note reference 33.

34. Matt Day and Daniel Beekman, “Amazon Issues Threat Over Seattle Head-Tax Plan, Halts Tower Construction Planning,” Seattle Times, May 2, 2018, https://www.seattletimes.com/business/amazon/amazon-pauses-plans-for-seattle-office-towers-while-city-council-considers-business-tax/. Back to note reference 34.

35. Daniel Beekman, “About-Face: Seattle City Council Repeals Head Tax Amid Pressure From Businesses, Referendum Threat,” Seattle Times, June 12, 2018, https://www.seattletimes.com/seattle-news/politics/about-face-seattle-city-council-repeals-head-tax-amid-pressure-from-big-businesses/. Back to note reference 35.

36. “Ensuring a Healthy Community: The Need for Affordable Housing,” Stories (blog), Microsoft, https://news.microsoft.com/affordable-housing/. Back to note reference 36.

37. “In 2015, about 57,000 people in the Seattle area endured commutes of at least ninety minutes from home to work, a jump of nearly 24,000 since 2010. That equals a 72 percent increase in just five years, ranking Seattle third among the 50 largest US metros for the rate of growth for mega-commuters.” Gene Balk, “Seattle’s Mega-Commuters: We Spend More Time Than Ever Traveling to Work,” Seattle Times, June 16, 2017, https://www.seattletimes.com/seattle-news/data/seattles-mega-commuters-we-are-spending-more-time-than-ever-traveling-to-work/. Back to note reference 37.

38. Brad Smith and Amy Hood, “Ensuring a Healthy Community: The Need for Affordable Housing,” Microsoft on the Issues (blog), Microsoft, January 16, 2019, https://blogs.microsoft.com/on-the-issues/2019/01/16/ensuring-a-healthy-community-the-need-for-affordable-housing/. Back to note reference 38.

39. Paige Cornwell and Vernal Coleman, “Eastside Mayors View Microsoft’s $500 Million Housing Pledge with Enthusiasm, Caution,” Seattle Times, January 23, 2019, https://www.seattletimes.com/seattle-news/homeless/for-eastside-mayors-microsofts-500-million-pledge-for-affordable-housing-is-tool-to-address-dire-need/. Back to note reference 39.

40. Expanding low- and middle-income housing in the Seattle region will require a long-term effort, with no shortage of political and economic challenges. It took many years to dig the deep housing hole and it will take many years for the region to dig its way out. As we recognized within Microsoft when we made the decision to get involved, there undoubtedly will be days when we’ll need to work through some level of controversy, given the complexity of the issues. But we felt it was important to get involved rather than stand on the sidelines and watch the situation continue to deteriorate.

    One reason we were prepared to get involved was the leadership of former Washington governor Christine Gregoire. After serving three terms as state attorney general and two as governor, she had the opportunity in 2013 to decide what to do next with her time and considerable energy. We persuaded her to help us found and then serve as the CEO of Challenge Seattle to bring together the region’s largest companies to make a stronger civic contribution. Her commitment to the housing issue and her credibility across the region and political spectrum were instrumental in persuading us that it was a challenge we could help address in a meaningful way. Information about Challenge Seattle can be found at https://www.challengeseattle.com/. Back to note reference 40.

CHAPTER 11: AI AND ETHICS

1. Accenture, “Could AI Be Society’s Secret Weapon for Growth? – WEF 2017 Panel Discussion,” World Economic Forum, Davos, Switzerland, YouTube video, 32:03, March 15, 2017, https://www.youtube.com/watch?v=6i_4y4lSC5M. Back to note reference 1.

2. Asimov posited three laws of robotics. First, “A robot may not injure a human being or, through inaction, allow a human being to come to harm.” Second, “A robot must obey any orders given to it by human beings, except where such orders would conflict with the First Law.” And third, “A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.” Isaac Asimov, “Runaround,” in I, Robot (New York: Doubleday, 1950). Back to note reference 2.

3. In 1984–87, the focus was on advances in “expert systems” and their application to medicine, engineering, and science. There were even special computers made and built for AI. This was followed by a collapse and an “AI Winter,” as it was called, for several years into the mid-1990s. Back to note reference 3.

4. W. Xiong, J. Droppo, X. Huang, F. Seide, M. Seltzer, A. Stolcke, D. Yu, and G. Zweing, Achieving Human Parity in Conversational Speech Recognition: Microsoft Research Technical Report MSR-TR-2016-71, February 2017, https://arxiv.org/pdf/1610.05256.pdf. Back to note reference 4.

5. Terrence J. Sejnowski, The Deep Learning Revolution (Cambridge, MA: MIT Press, 2018), 31; in 1986 Eric Horvitz coauthored one of the leading papers that made the case that expert systems would not be scalable. D.E. Heckerman and E.J. Horvitz, “The Myth of Modularity in Rule-Based Systems for Reasoning with Uncertainty,” Conference on Uncertainty in Artificial Intelligence, Philadelphia, July 1986; https://dl.acm.org/citation.cfm?id=3023728. Back to note reference 5.

6. Ibid. Back to note reference 6.

7. Charu C. Aggarwal, Neural Networks and Deep Learning: A Textbook (Cham, Switzerland: Springer, 2018), 1. The convergence of intellectual disciplines involved and affected by these developments in recent decades is described in S.J. Gershman, E.J. Horvitz, and J.B. Tenenbaum, Science 349, 273–78 (2015). Back to note reference 7.

8. Aggarwal, Neural Networks and Deep Learning, 1. Back to note reference 8.

9. Ibid., 17–30. Back to note reference 9.

10. See Sejnowski for a thorough history of the developments that have led to advances in neural networks over the past two decades. Back to note reference 10.

11. Dom Galeon, “Microsoft’s Speech Recognition Tech Is Officially as Accurate as Humans,” Futurism, October 20, 2016, https://futurism.com/microsofts-speech-recognition-tech-is-officially-as-accurate-as-humans/; Xuedong Huang, “Microsoft Researchers Achieve New Conversational Speech Recognition Milestone,” Microsoft Research Blog, Microsoft, August 20, 2017, https://www.microsoft.com/en-us/research/blog/microsoft-researchers-achieve-new-conversational-speech-recognition-milestone/. Back to note reference 11.

12. The rise of superintelligence was first raised by I.J. Good, a British mathematician who worked as a cryptologist at Bletchley Park. He built on the initial work of his colleague, Alan Turing, and speculated about an “intelligence explosion” that would enable “ultra-intelligent machines” to design even more intelligent machines. I.J. Good, “Speculations Concerning the First Ultraintelligent Machine,” Advances in Computers 6, 31–88 (January 1965). Among many other things, Good consulted for Stanley Kubrick’s film 2001: A Space Odyssey, which featured HAL, a famous runaway computer.

    Others in the computer science field, including at Microsoft Research, have been skeptical about the prospect of AI systems designing more intelligent versions of themselves or escaping human control based on their own thought processes. As Thomas Dietterich and Eric Horvitz suggest, “Such a process runs counter to our current understandings of the limitations that computational complexity places on algorithms for learning and reasoning.” They note, “However, processes of self-design and optimization might still lead to significant jumps in competencies.” T.G. Dietterich and E.J. Horvitz, “Rise of Concerns about AI: Reflections and Directions,” Communications of the ACM, vol. 58, no. 10, 38–40 (October 2015), http://erichorvitz.com/CACM_Oct_2015-VP.pdf.

    Nick Bostrom, a professor at Oxford University, explored these issues more broadly in his recent book. Nick Bostrom, Superintelligence: Paths, Dangers, Strategies (Oxford: Oxford University Press, 2014).

    Within the computer science field, some use the term “singularity” differently, to describe computing power that grows so quickly that it’s not possible to predict the future. Back to note reference 12.

13. Julia Angwin, Jeff Larson, Surya Mattu, and Lauren Kirchner, “Machine Bias,” ProPublica, May 23, 2016, https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing. Back to note reference 13.

14. The article led to a lively debate about the definition of bias and how to assess the risk of it in AI algorithms. See Matthias Spielkamp, “Inspecting Algorithms for Bias,” MIT Technology Review, June 12, 2017, https://www.technologyreview.com/s/607955/inspecting-algorithms-for-bias/. Back to note reference 14.

15. Joy Buolamwini, “Gender Shades,” Civic Media, MIT Media Lab, accessed November 15, 2018, https://www.media.mit.edu/projects/gender-shades/overview/. Back to note reference 15.

16. Thomas G. Dietterich and Eric J. Horvitz, “Rise of Concerns About AI: Reflection and Directions,” Communications of the ACM 58, no. 10 (2015), http://erichorvitz.com/CACM_Oct_2015-VP.pdf. Back to note reference 16.

17. Satya Nadella, “The Partnership of the Future,” Slate, June 28, 2016, http://www.slate.com/articles/technology/future_tense/2016/06/microsoft_ceo_satya_nadella_humans_and_a_i_can_work_together_to_solve_society.html. Back to note reference 17.

18. Microsoft, The Future Computed: Artificial Intelligence and Its Role in Society (Redmond, WA: Microsoft Corporation, 2018), 53–76. Back to note reference 18.

19. Paul Scharre, Army of None: Autonomous Weapons and the Future of War (New York: W. W. Norton, 2018). Back to note reference 19.

20. Ibid., 163–69. Back to note reference 20.

21. Drew Harrell, “Google to Drop Pentagon AI Contract After Employee Objections to the ‘Business of War,’” Washington Post, June 1, 2018, https://www.washingtonpost.com/news/the-switch/wp/2018/06/01/google-to-drop-pentagon-ai-contract-after-employees-called-it-the-business-of-war/?utm_term=.86860b0f5a33. Back to note reference 21.

22. Brad Smith, “Technology and the US Military,” Microsoft on the Issues (blog), Microsoft, October 26, 2018, https://blogs.microsoft.com/on-the-issues/2018/10/26/technology-and-the-US-military/. Back to note reference 22.

23. https://en.m.wikipedia.org/wiki/Just_war_theory; https://en.m.wikipedia.org/wiki/Mahabharata. Back to note reference 23.

24. As we said, “To withdraw from this market is to reduce our opportunity to engage in the public debate about how new technologies can best be used in a responsible way. We are not going to withdraw from the future. In the most positive way possible, we are going to work to help shape it.” Smith, “Technology and the US Military.” Back to note reference 24.

25. Ibid. Back to note reference 25.

26. Adam Satariano, “Will There Be a Ban on Killer Robots?” New York Times, October 19, 2018, https://www.nytimes.com/2018/10/19/technology/artificial-intelligence-weapons.html. Back to note reference 26.

27. SwissInfo, “Killer Robots: ‘Do Something’ or ‘Do Nothing’?” EurAsia Review, March 31, 2019, http://www.eurasiareview.com/31032019-killer-robots-do-something-or-do-nothing/. Back to note reference 27.

28. Mary Wareham, “Statement to the Convention on Conventional Weapons Group of Governmental Experts on Lethal Autonomous Weapons Systems, Geneva,” Human Rights Watch, March 29, 2019, https://www.hrw.org/news/2019/03/26/statement-international-humanitarian-law-ccw-meeting-lethal-autonomous-weapons. Back to note reference 28.

29. Former US Marine Corps General John Allen, now president of the Brookings Institution, captured some of the critical ethical challenges eloquently when he wrote “From the earliest of times, humans have sought to restrain their baser instincts by seeking to govern them during the use of force: limiting its destructiveness and, in particular, the cruelty of its effects on innocents. These limits have been codified over time into a body of international law and professional military conduct that seeks to guide and limit the use of force and violence. And herein is the paradox: as we visit violence and destruction upon the enemy in war, we must do it with a moderation that acknowledges the necessity of its use, offering the means of discriminating between and among the participants, and admonishing us to apply proportionality.” John Allen, foreword to Military Ethics: What Everyone Needs to Know (Oxford: Oxford University Press, 2016), xvi. See also Deane-Peter Baker, ed., Key Concepts in Military Ethics (Sydney: University of New South Wales, 2015). Back to note reference 29.

30. Brad Smith and Harry Shum, foreword to The Future Computed, 8. Back to note reference 30.

31. Oren Etzioni, “A Hippocratic Oath for Artificial Intelligence Practitioners,” Tech Crunch, March 14, 2018, https://techcrunch.com/2018/03/14/a-hippocratic-oath-for-artificial-intelligence-practitioners/. Back to note reference 31.

32. Cameron Addis, “Cold War, 1945–53,” History Hub, accessed February 27, 2019, http://sites.austincc.edu/caddis/cold-war-1945-53/. Back to note reference 32.

CHAPTER 12: AI AND FACIAL RECOGNITION

1. Minority Report, directed by Steven Spielberg (Universal City, CA: DreamWorks, 2002). Back to note reference 1.

2. Microsoft Corporation, “NAB and Microsoft leverage AI technology to build card-less ATM concept,” October 23, 2018, https://news.microsoft.com/en-au/2018/10/23/nab-and-microsoft-leverage-ai-technology-to-build-card-less-atm-concept/. Back to note reference 2.

3. Jeannine Mjoseth, “Facial recognition software helps diagnose rare genetic disease,” National Human Genome Research Institute, March 23, 2017, https://www.genome.gov/27568319/facial-recognition-software-helps-diagnose-rare-genetic-disease/. Back to note reference 3.

4. Taotetek (@taotetek), “It looks like Microsoft is making quite a bit of money from their cozy relationship with ICE and DHS,” Twitter, June 17, 2018, 9:20 a.m., https://twitter.com/taotetek/status/1008383982533259269. Back to note reference 4.

5. Tom Keane, “Federal Agencies Continue to Advance Capabilities with Azure Government,” Microsoft Azure Government (blog), Microsoft, January 24, 2018, https://blogs.msdn.microsoft.com/azuregov/2018/01/24/federal-agencies-continue-to-advance-capabilities-with-azure-government/. Back to note reference 5.

6. Elizabeth Weise, “Amazon Should Stop Selling Facial Recognition Software to Police, ACLU and Other Rights Groups Say,” USA Today, May 22, 2018, https://www.usatoday.com/story/tech/2018/05/22/aclu-wants-amazon-stop-selling-facial-recognition-police/633094002/. Back to note reference 6.

7. While Amazon employees raised concerns in June 2018, the same month as Microsoft employees, Amazon did not respond directly to its workers until an internal meeting in November. Bryan Menegus, “Amazon Breaks Silence on Aiding Law Enforcement Following Employee Backlash,” Gizmodo, November 8, 2018, https://gizmodo.com/amazon-breaks-silence-on-aiding-law-enforcement-followi-1830321057. Back to note reference 7.

8. Drew Harwell, “Google to Drop Pentagon AI Contract After Employee Objections to the ‘Business of War,’” Washington Post, June 1, 2018, https://www.washingtonpost.com/news/the-switch/wp/2018/06/01/google-to-drop-pentagon-ai-contract-after-employees-called-it-the-business-of-war/?noredirect=on&utm_term=.efa7f2973007. Back to note reference 8.

9. Edelman, 2018 Edelman Trust Barometer Global Report, https://www.edelman.com/sites/g/files/aatuss191/files/2018-10/2018_Edelman_Trust_Barometer_Global_Report_FEB.pdf. Back to note reference 9.

10. Ibid., 30. Back to note reference 10.

11. Kids in Need of Defense was founded in 2008 to provide children who are separated from their parents with pro bono legal counsel in immigration proceedings, https://supportkind.org/ten-years/. Since its founding, KIND has trained more than 42,000 volunteers and now works with more than 600 law firms, corporations, law schools, and bar associations. It has become one of the largest pro bono legal organizations in the United States, and now pursues work in the United Kingdom as well. Wendy Young has led KIND since the first day it formally offered legal assistance to clients in 2009. Back to note reference 11.

12. Annie Correal and Caitlin Dickerson, “‘Divided,’ Part 2: The Chaos of Reunification,” August 24, 2018, in The Daily, produced by Lynsea Garrison and Rachel Quester, podcast, 31:03, https://www.nytimes.com/2018/08/24/podcasts/the-daily/divided-migrant-family-reunification.html. Back to note reference 12.

13. Kate Kaye, “This Little-Known Facial-Recognition Accuracy Test Has Big Influence,” International Association of Privacy Professionals, January 7, 2019, https://iapp.org/news/a/this-little-known-facial-recognition-accuracy-test-has-big-influence/. Back to note reference 13.

14. Brad Smith, “Facial Recognition Technology: The Need for Public Regulation and Corporate Responsibility,” Microsoft on the Issues (blog), Microsoft, July 13, 2018, https://blogs.microsoft.com/on-the-issues/2018/07/13/facial-recognition-technology-the-need-for-public-regulation-and-corporate-responsibility/. Back to note reference 14.

15. Nitasha Tiku, “Microsoft Wants to Stop AI’s ‘Race to the Bottom,’” Wired, December 6, 2018, https://www.wired.com/story/microsoft-wants-stop-ai-facial-recognition-bottom/. Back to note reference 15.

16. Eric Ries, The Startup Way: How Modern Companies Use Entrepreneurial Management to Transform Culture and Drive Long-Term Growth (New York: Currency, 2017), 96. Back to note reference 16.

17. Brookings Institution, Facial recognition: Coming to a Street Corner Near You, December 6, 2018, https://www.brookings.edu/events/facial-recognition-coming-to-a-street-corner-near-you/. Back to note reference 17.

18. Brad Smith, “Facial Recognition: It’s Time for Action,” Microsoft on the Issues (blog), December 6, 2018, https://blogs.microsoft.com/on-the-issues/2018/12/06/facial-recognition-its-time-for-action/. Back to note reference 18.

19. We proposed that two steps be combined to make this effective. First, “Legislation should require tech companies that offer facial recognition services to provide documentation that explains the capabilities and limitations of the technology in terms that customers and consumers can understand.” And second, “New laws should also require that providers of commercial facial recognition services enable third parties engaged in independent testing to conduct and publish reasonable tests of their facial recognition services for accuracy and unfair bias. A sensible approach is to require tech companies that make their facial recognition services accessible using the internet also make available an application programming interface or other technical capability suitable for this purpose.” Smith, “Facial Recognition.” Back to note reference 19.

20. As we described it, new legislation should “require that entities that deploy facial recognition undertake meaningful human review of facial recognition results prior to making final decisions for what the law deems to be ‘consequential use cases’ that affect consumers. This includes where decisions may create a risk of bodily or emotional harm to a consumer, where there may be implications on human or fundamental rights, or where a consumer’s personal freedom or privacy may be impinged.” Smith, “Facial Recognition.” Back to note reference 20.

21. A camera that uses facial recognition at a specific location like an airport security checkpoint to help identify a terrorist suspect is one example. Even in this instance, however, it’s important to require meaningful human review by trained personnel before a decision is made to detain someone. Back to note reference 21.

22. Carpenter v. United States, No. 16-402, 585 U.S. (2017), https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf. Back to note reference 22.

23. Brad Smith, “Facial Recognition: It’s Time for Action,” Microsoft on the Issues (blog), December 6, 2018, https://blogs.microsoft.com/on-the-issues/2018/12/06/facial-recognition-its-time-for-action/. Back to note reference 23.

24. As we pointed out, “The privacy movement in the United States was born from improvements in camera technology. In 1890, future Supreme Court Justice Louis Brandeis took the first step in advocating for privacy protection when he coauthored an article with colleague Samuel Warren in the Harvard Law Review advocating ‘the right to be let alone.’ The two argued that the development of ‘instantaneous photographs’ and their circulation by newspapers for commercial gain had created the need to protect people with a new right to privacy.” Smith, “Facial Recognition,” quoting Samuel Warren and Louis Brandeis, “The Right to Privacy,” Harvard Law Review, IV:5 (1890), http://groups.csail.mit.edu/mac/classes/6.805/articles/privacy/Privacy_brand_warr2.html. As we pointed out, facial recognition is giving a new meaning to “instantaneous photographs” that Brandeis and Warren probably never imagined. Ibid. Back to note reference 24.

25. Smith, “Facial Recognition.” Back to note reference 25.

26. One state legislator who took an interest in the idea was Reuven Carlyle, a Washington state senator who lives in Seattle and had worked in the tech sector before becoming a state legislator in 2009, https://en.wikipedia.org/wiki/Reuven_Carlyle. He wanted to champion a broad privacy bill, and he was interested in including facial recognition rules within it. Carlyle spent several months drafting his proposed legislation and talking with other state senators about its details. In part reflecting this effort, his bill, with new rules for facial recognition, gained the bipartisan support needed to pass out of the senate by a 46–1 vote in early March 2019. Joseph O’Sullivan, “Washington Senate Approves Consumer-Privacy Bill to Place Restrictions on Facial Recognition,” Seattle Times, March 6, 2019, https://www.seattletimes.com/seattle-news/politics/senate-passes-bill-to-create-a-european-style-consumer-data-privacy-law-in-washington/. Back to note reference 26.

27. Rich Sauer, “Six Principles to Guide Microsoft’s Facial Recognition Work,” Microsoft on the Issues (blog), December 17, 2018, https://blogs.microsoft.com/on-the-issues/2018/12/17/six-principles-to-guide-microsofts-facial-recognition-work/. Back to note reference 27.

CHAPTER 13: AI AND THE WORKFORCE

1. “Last of Boro’s Fire Horses Retire; 205 Engine Motorized,” Brooklyn Daily Eagle, December 20, 1922, Newspapers.com, https://www.newspapers.com/image/60029538. Back to note reference 1.

2. “1922: Waterboy, Danny Beg, and the Last Horse-Driven Engine of the New York Fire Department,” The Hatching Cat, January 24, 2015, http://hatchingcatnyc.com/2015/01/24/last-horse-driven-engine-of-new-york-fire-department/. Back to note reference 2.

3. “Goodbye, Old Fire Horse; Goodbye!” Brooklyn Daily Eagle, December 20, 1922. Back to note reference 3.

4. Augustine E. Costello, Our Firemen: A History of the New York Fire Departments, Volunteer and Paid, from 1609 to 1887 (New York: Knickerbocker Press, 1997), 94. Back to note reference 4.

5. Ibid., 424. Back to note reference 5.

6. “Heyday of the Horse,” American Museum of Natural History, https://www.amnh.org/exhibitions/horse/how-we-shaped-horses-how-horses-shaped-us/work/heyday-of-the-horse. Back to note reference 6.

7. “Microsoft TechSpark: A New Civic Program to Foster Economic Opportunity for all Americans,” Stories (blog), accessed February 23, 2019, https://news.microsoft.com/techspark/. Back to note reference 7.

8. Part of the inspiration for TechSpark was the political divide that emerged so dramatically in the 2016 US presidential election. The day after the election, in response to employee questions and requests, we did something we had not done before: We wrote a blog about our reaction to the presidential result. Brad Smith, “Moving Forward Together: Our Thoughts on the US Election,” Microsoft on the Issues (blog), Microsoft, November 6, 2016, https://blogs.microsoft.com/on-the-issues/2016/11/09/moving-forward-together-thoughts-us-election/. One thing we noted was the way the political divide reflected an economic divide in the country, noting that “in a time of rapid change, we need to innovate to promote inclusive economic growth that helps everyone move forward.” This led us to consider what more Microsoft could do to invest in efforts to promote technology-related economic growth outside the nation’s largest urban centers, and on the two coasts.

   Under the leadership of Microsoft’s Kate Behncken and Mike Egan, we founded the TechSpark initiative to pursue five strategies focused on six communities. We launched the program in Fargo in 2017 with North Dakota Governor and former Microsoft executive Doug Burgum. Brad Smith, “Microsoft TechSpark: A New Civic Program to Foster Economic Opportunity for all Americans,” LinkedIn, October 5, 2017, https://www.linkedin.com/pulse/microsoft-techspark-new-civic-program-foster-economic-brad-smith/. TechSpark provides investments to expand computer science education in high schools, develop more pathways for people who wish to pursue new careers, broaden broadband availability, provide digital capabilities for the non-profit sector, and promote digital transformation across the local economy. https://news.microsoft.com/techspark/.

   The TechSpark team recruited and hired a local community engagement manager to lead the work in each of the six communities where it is investing. These are southern Virginia; northeastern Wisconsin; the area around El Paso, Texas, and across the border in Mexico; Fargo, North Dakota; Cheyenne, Wyoming; and central Washington. One of the strongest early investments involves a partnership with the Green Bay Packers across from Lambeau Field in Green Bay, Wisconsin. Microsoft and the Packers each committed $5 million to create TitleTownTech, which advances technology innovation in the region. Richard Ryman, “Packers, Microsoft Bring Touch of Silicon Valley to Titletown District,” Green Bay Press Gazette, October 20, 2017, https://www.greenbaypressgazette.com/story/news/2017/10/19/packers-microsoft-bring-touch-silicon-valley-titletown-district/763041001/; Opinion, “TitletownTech: Packers, Microsoft Partnership a ‘Game Changer’ for Greater Green Bay,” Green Bay Press Gazette, October 21, 2017, https://www.greenbaypressgazette.com/story/opinion/editorials/2017/10/21/titletowntech-packers-microsoft-partnership-game-changer-greater-green-bay/786094001/. Back to note reference 8.

9. Lauren Silverman, “Scanning the Future, Radiologists See Their Jobs at Risk,” NPR, September 4, 2017, https://www.npr.org/sections/alltechconsidered/2017/09/04/547882005/scanning-the-future-radiologists-see-their-jobs-at-risk; “The First Annual Doximity Physician Compensation Report,” Doximity (blog), April 2017, https://blog.doximity.com/articles/the-first-annual-doximity-physician-compensation-report. Back to note reference 9.

10. Silverman, “Scanning the Future.” Back to note reference 10.

11. Asma Khalid, “From Post-it Notes to Algorithms: How Automation Is Changing Legal Work,” NPR, November 7, 2017, https://www.npr.org/sections/alltechconsidered/2017/11/07/561631927/from-post-it-notes-to-algorithms-how-automation-is-changing-legal-work. Back to note reference 11.

12. Radicati Group, “Email Statistics Report, 2015-2019,” Executive Summary, March 2015, https://radicati.com/wp/wp-content/uploads/2015/02/Email-Statistics-Report-2015-2019-Executive-Summary.pdf. Back to note reference 12.

13. Radicati Group, “Email Statistics Report, 2018–2022,” March 2018, https://www.radicati.com/wp/wp-content/uploads/2017/12/Email-Statistics-Report-2018-2022-Executive-Summary.pdf. Back to note reference 13.

14. Kenneth Burke, “How Many Texts Do People Send Every Day (2018)?” How Many Texts People Send Per Day (blog), Text Request, last modified November 2018, https://www.textrequest.com/blog/how-many-texts-people-send-per-day/. Back to note reference 14.

15. Bill Gates, “Bill Gates New Rules,” Time, April 19, 1999, http://content.time.com/time/world/article/0,8599,2053895,00.html. Back to note reference 15.

16. Smith and Browne, “The Woman Who Showed the World How to Drive.” Back to note reference 16.

17. McKinsey Global Institute, Jobs Lost, Jobs Gained: Workforce Transitions in a Time of Automation (New York: McKinsey & Company, 2017), https://www.mckinsey.com/~/media/McKinsey/Featured%20Insights/Future%20of%20Organizations/What%20the%20future%20of%20work%20will%20mean%20for%20jobs%20skills%20and%20wages/MGI-Jobs-Lost-Jobs-Gained-Report-December-6-2017.ashx. Back to note reference 17.

18. Ibid., 43. Back to note reference 18.

19. Anne Norton Greene, Horses at Work: Harnessing Power in Industrial America (Cambridge, MA: Harvard University Press, 2008), 273. Back to note reference 19.

20. “Pettet, Zellmer R. 1880–1962,” WorldCat Identities, Online Computer Library Center, accessed November 16, 2018, http://worldcat.org/identities/lccn-no00042135/. Back to note reference 20.

21. “Zellmer R. Pettet,” Arizona Republic, August 22, 1962, Newspapers.com, https://www.newspapers.com/clip/10532517/pettet_zellmer_r_22_aug_1962/. Back to note reference 21.

22. Robert J. Gordon, The Rise and Fall of American Growth: The U.S. Standard of Living Since the Civil War (Princeton, NJ: Princeton University Press, 2016), 60. Back to note reference 22.

23. Ibid. Back to note reference 23.

24. “Calorie Requirements for Horses,” Dayville Hay & Grain, http://www.dayvillesupply.com/hay-and-horse-feed/calorie-needs.html. Back to note reference 24.

25. Z.R. Pettet, “The Farm Horse,” in U.S. Bureau of the Census, Fifteenth Census, Census of Agriculture (Washington, DC: Government Printing Office, 1933), 8. Back to note reference 25.

26. Ibid., 71–77. Back to note reference 26.

27. Ibid., 79. Back to note reference 27.

28. Ibid., 80. Back to note reference 28.

29. Linda Levine, The Labor Market During the Great Depression and the Current Recession (Washington, DC: Congressional Research Service, 2009), 6. Back to note reference 29.

30. Ann Norton Greene, Horses at Work: Harnessing Power in Industrial America (Cambridge, MA: Harvard University Press, 2008). Back to note reference 30.

31. Lendol Calder, Financing the American Dream: A Cultural History of Consumer Credit (Princeton, NJ: Princeton University Press, 1999), 184. Back to note reference 31.

32. John Steele Gordon, An Empire of Wealth: The Epic History of American Economic Power (New York: HarperCollins, 2004), 299–300. Back to note reference 32.

CHAPTER 14: THE UNITED STATES AND CHINA

1. Seattle Times Staff, “Live Updates from Xi Visit,” Seattle Times, September 22, 2015, https://www.seattletimes.com/business/chinas-president-xi-arriving-this-morning/. Back to note reference 1.

2. “Xi Jinping and the Chinese Dream,” The Economist, May 4, 2013, https://www.economist.com/leaders/2013/05/04/xi-jinping-and-the-chinese-dream. Back to note reference 2.

3. Reuters in Seattle, “China’s President Xi Jinping Begins First US Visit in Seattle,” Guardian, September 22, 2015, https://www.theguardian.com/world/2015/sep/22/china-president-xi-jinping-first-us-visit-seattle. Back to note reference 3.

4. Julie Hirschfeld Davis, “Hacking of Government Computers Exposed 21.5 Million People,” New York Times, July 9, 2019, https://www.nytimes.com/2015/07/10/us/office-of-personnel-management-hackers-got-data-of-millions.html. Back to note reference 4.

5. Jane Perlez, “Xi Jinping’s U.S. Visit,” New York Times, September 22, 2015, https://www.nytimes.com/interactive/projects/cp/reporters-notebook/xi-jinping-visit/seattle-speech-china. Back to note reference 5.

6. Evelyn Cheng, “Apple, Intel and These Other US Tech Companies Have the Most at Stake in China-US Trade Fight,” CNBC, May 14, 2018, https://www.cnbc.com/2018/05/14/as-much-as-150-billion-annually-at-stake-us-tech-in-china-us-fight.html. Back to note reference 6.

7. “Microsoft Research Lab—Asia,” Microsoft, accessed January 25, 2019, https://www.microsoft.com/en-us/research/lab/microsoft-research-asia/. Back to note reference 7.

8. Geoff Spencer, “Much More Than a Chatbot: China’s XiaoIce Mixes AI with Emotions and Wins Over Millions of Fans,” Asia News Center (blog), November 1, 2018, https://news.microsoft.com/apac/features/much-more-than-a-chatbot-chinas-xiaoice-mixes-ai-with-emotions-and-wins-over-millions-of-fans/. Back to note reference 8.

9. “Microsoft XiaoIce, China’s Newest Fashion Designer, Unveils Her First Collection for 2019,” Asia News Center (blog), Microsoft, November 12, 2018, https://news.microsoft.com/apac/2018/11/12/microsofts-xiaoice-chinas-newest-fashion-designer-unveils-her-first-collection-for-2019/. Back to note reference 9.

10. James Vincent, “Twitter Taught Microsoft’s AI Chatbot to Be a Racist Asshole in Less Than a Day,” The Verge, March 24, 2016, https://www.theverge.com/2016/3/24/11297050/tay-microsoft-chatbot-racist. Back to note reference 10.

11. Richard E. Nisbett, The Geography of Thought: How Asians and Westerners Think Differently . . . and Why (New York: Free Press, 2003). Back to note reference 11.

12. Henry Kissinger, On China (New York: Penguin Press, 2011), 13. Back to note reference 12.

13. Ibid., 14–15. Back to note reference 13.

14. Nisbett, The Geography of Thought, 2–3. Back to note reference 14.

15. Ibid. Back to note reference 15.

16. Microsoft has relied on ongoing conversations, partnerships, and memberships with key non-governmental organizations to get an outside-in perspective on human rights issues. One group that has played a critical role in promoting a broader perspective and commitment to human rights across the tech sector is the Global Network Initiative, or GNI. Its membership combines human rights groups and tech companies that commit to a common set of principles and periodic auditing of our adherence to them. Global Network Initiative, “The GNI Principles,” https://globalnetworkinitiative.org/gni-principles/. As noted by Guy Berger of the United Nations Education, Scientific, and Cultural Organization, or UNESCO, GNI is unique for its multi-stakeholder approach, given “its internal practice of bringing companies and civil society to dialogue.” Guy Berger, “Over-Estimating Technological Solutions and Underestimating the Political Moment?” The GNI Blog (Medium), December 5, 2018, https://medium.com/global-network-initiative-collection/over-estimating-technological-solutions-and-underestimating-the-political-moment-467912fa2d20. As Berger recognized, GNI also plays an important “external role representing the common ground between these two constituencies to governments around the world.” Ibid.

    Another place that has brought together the human rights and business communities is New York University’s Center for Business and Human Rights at the Leonard N. Stern School of Business. Led by Michael Posner, one of the most respected human rights lawyers globally, the center focuses on the intersection of business and human rights, often by advancing pragmatic steps for companies to better address these challenges in their core operations. NYU Stern, “The NYU Stern Center for Business and Human Rights,” https://www.stern.nyu.edu/experience-stern/about/departments-centers-initiatives/centers-of-research/business-and-human-rights. Back to note reference 16.

17. He Huaihong, Social Ethics in a Changing China: Moral Decay or Ethical Awakening? (Washington, DC: Brookings Institution Press, 2015). Back to note reference 17.

18. David E. Sanger, Julian E. Barnes, Raymond Zhong, and Marc Santora, “In 5G Race With China, U.S. Pushes Allies to Fight Huawei,” New York Times, January 26, 2019, https://www.nytimes.com/2019/01/26/us/politics/huawei-china-us-5g-technology.html. Back to note reference 18.

19. Sean Gallagher, “Photos of an NSA ‘upgrade’ factory shows Cisco router getting implant,” ARS Technica, May 14, 2014, https://arstechnica.com/tech-policy/2014/05/photos-of-an-nsa-upgrade-factory-show-cisco-router-getting-implant/. Back to note reference 19.

20. Reid Hoffman and Chris Yeh, Blitzscaling: The Lightning-Fast Path to Building Massively Valuable Businesses (New York: Currency, 2018). Back to note reference 20.

CHAPTER 15: DEMOCRATIZING THE FUTURE

1. Kai-Fu Lee, AI Superpowers: China, Silicon Valley, and the New World Order (Boston: Houghton Mifflin Harcourt, 2018), 21. Back to note reference 1.

2. Ibid., 169. Back to note reference 2.

3. Ibid., 168–69. Back to note reference 3.

4. “Automotive Electronics Cost as a Percentage of Total Car Cost Worldwide From 1950 to 2030,” Statista, September 2013, https://www.statista.com/statistics/277931/automotive-electronics-cost-as-a-share-of-total-car-cost-worldwide/. Back to note reference 4.

5. “Who Was Fred Hutchinson?,” Fred Hutch, accessed January 25, 2019, https://www.fredhutch.org/en/about/history/fred.html. Back to note reference 5.

6. “Mission & Facts,” Fred Hutch, accessed January 25, 2019, https://www.fredhutch.org/en/about/mission.html. Back to note reference 6.

7. Gary Gilliland, “Why We Are Counting on Data Science and Tech to Defeat Cancer,” January 9, 2019, LinkedIn, https://www.linkedin.com/pulse/why-we-counting-data-science-tech-defeat-cancer-gilliland-md-phd/. Back to note reference 7.

8. Ibid. Back to note reference 8.

9. Gordon I. Atwater, Joseph P. Riva, and Priscilla G. McLeroy, “Petroleum: World Distribution of Oil,” Encyclopedia Britannica, October 15, 2018, https://www.britannica.com/science/petroleum/World-distribution-of-oil. Back to note reference 9.

10. “China Population 2019,” World Population Review, accessed February 28, 2019, http://worldpopulationreview.com/countries/china-population/. Back to note reference 10.

11. “2019 World Population by Country (Live),” World Population Review, accessed February 27, 2019, http://worldpopulationreview.com/. Back to note reference 11.

12. International Monetary Fund, “Projected GDP Ranking (2018–2023),” Statistics Times, accessed February 27, 2019, http://www.statisticstimes.com/economy/projected-world-gdp-ranking.php. Back to note reference 12.

13. Matthew Trunnell, unpublished memorandum. Back to note reference 13.

14. Zev Brodsky, “Git Much? The Top 10 Companies Contributing to Open Source,” WhiteSource, February 20, 2018, https://resources.whitesourcesoftware.com/blog-whitesource/git-much-the-top-10-companies-contributing-to-open-source. Back to note reference 14.

15. United States Office of Management and Budget, “President’s Management Agenda,” White House, March 2018, https://www.whitehouse.gov/wp-content/uploads/2018/03/Presidents-Management-Agenda.pdf. Back to note reference 15.

16. World Wide Web Foundation, Open Data Barometer, September 2018, https://opendatabarometer.org/doc/leadersEdition/ODB-leadersEdition-Report.pdf. Back to note reference 16.

17. Trunnell, unpublished memo. Back to note reference 17.

18. “Introduction to the CaDC,” California Data Collaborative, accessed January 25, 2019, http://californiadatacollaborative.org/about. Back to note reference 18.

CHAPTER 16: CONCLUSION

1. While a teenager at the Kentucky School for the Blind in Louisville, Anne Taylor decided that she wanted to learn computer science. It required that she spend half-days at the area’s public high school, where she was the first student who was blind to study the subject. Anne discovered a passion that took her to Western Kentucky University, where she graduated with a degree in computer science. From there she went to work for the National Federation for the Blind, where she ultimately led the organization’s team that advocates for accessibility across the tech industry. In 2015, Jenny Lay-Flurrie, Microsoft’s chief accessibility officer, called Anne and made an offer she couldn’t refuse. “Come to Microsoft and work on the inside,” Jenny encouraged. “See what impact you can have by working directly with our engineers to help shape product design before anything goes out the door.” Back to note reference 1.

2. Princeton University’s Geniza Lab contains a massive trove of documents from Cairo’s Ben Ezra Synagogue, including personal letters, shopping lists, and legal documents written in sacred Hebrew text that required a “dignified burial” in a special Ginza, or storage chamber. It’s the largest known cache of Jewish manuscripts recorded. Scholars around the world have studied the artifacts since the late nineteenth century, and the job remains undone. By combining AI algorithms and computer vision to comb through thousands of digital fragments, Rustow’s team has successfully matched fragments of the same document stored thousands of miles apart, matching tear shapes, bits of words, and the diameter of ink. When documents find their way “home” in this way, Rustow can finish painting a previously incomplete picture of how Jews and Muslims coexisted in 10th-century Islamic Middle East. AI has helped Rustow and her team of near eastern studies experts to accomplish in mere minutes what had been considered an insurmountable task. Robert Siegel, “Out of Cairo Trove, ‘Genius Grant’ Winner Mines Details of Ancient Life,” NPR’s All Things Considered, September 29, 2015, https://www.npr.org/2015/09/29/444527433/out-of-cairo-trove-genius-grant-winner-mines-details-of-ancient-life. Back to note reference 2.

3. University of Southern California Center for Artificial Intelligence in Society, PAWS: Protection Assistant for Wildlife Security, accessed April 9, 2019, https://www.cais.usc.edu/projects/wildlife-security/. Back to note reference 3.

4. Satya Nadella, “The Necessity of Tech Intensity in Today’s Digital World,” LinkedIn, January 18, 2019, https://www.linkedin.com/pulse/necessity-tech-intensity-todays-digital-world-satya-nadella/. Back to note reference 4.

5. Einstein, “The 1932 Disarmament Conference.” Back to note reference 5.

6. Hoffman and Yeh, Blitzscaling. Back to note reference 6.

7. This also requires the right type of leadership by a company’s board of directors. Here too there is room for a broader approach at many tech companies. On the one hand, there’s a risk that a board will defer so much to a strong and successful founder that it won’t know enough about what’s happening inside the company to ask the hard questions, or it will lack the courage even if these questions are apparent. On the other hand, a board that dives too deeply into some specifics may create confusion about the difference between the board’s role in governing a company and a CEO’s responsibility to lead and manage it.

   At Microsoft, audit committee chair Chuck Noski has long focused on ensuring targeted but rigorous processes that go beyond financial controls and connect closely with the work of the internal audit team. Ironically, we also benefited when Judge Colleen Kollar-Kotelly decided in 2002 on her own initiative to approve our antitrust settlement subject to an additional obligation on the company’s board of directors to create an antitrust compliance committee. A decade after that obligation expired, the board continues to rely on a regulatory and public policy committee led by former BMW CEO Helmut Panke to stay abreast of evolving issues for Microsoft. In addition to collaborating closely with the board’s audit committee on issues like cybersecurity, this group once a year spends a day in an annual offsite where our management team reviews the past year’s societal and political trends and we assess together our proactive work to address them. It’s the type of exercise that forces us all to step back and look at the forest rather than just the trees, upping our game for the year ahead.

   All this requires that directors have some real insight into a company’s business, organization, people and issues. At Microsoft, our directors meet regularly in small groups with different sets of executives, participate in other meetings and attend the annual strategy retreat for our executive staff. At Netflix, where I’m a board member, CEO Reed Hastings arranges for directors to sit on a variety of staff meetings, large and small. Back to note reference 7.

8. Margaret O’Mara, The Code: Silicon Valley and the Remaking of America (New York: Penguin Press, 2019), 6. Back to note reference 8.

9. As O’Mara observes, the tech sector’s “entrepreneurs were not lone cowboys, but very talented people whose success was made possible by the work of many other people, networks, and institutions. Those included the big-government programs that political leaders of both parties critiqued so forcefully, and that many tech leaders viewed with suspicion if not downright hostility. From the Bomb to the moon shot to the backbone of the Internet and beyond, public spending fueled an explosion of scientific and technical discovery, providing the foundation for generations of start-ups to come.” Ibid., 5.

   A similar phenomenon has long been noted by many public officials and lawyers in intellectual property fields. Despite resisting regulation, it’s doubtful that tech companies would enjoy anything close to their hefty market valuations without the benefits of copyright, patent, and trademark laws, which have created the opportunity for inventors and developers to own the IP that they have created. Back to note reference 9.

10. To the contrary, the reaction to the FAA’s delegation of some regulatory certification to Boeing during the 737 MAX certification process has reflected official and public unease. The response quickly focused on requiring that the FAA base its assessment of the plane’s safety fixes on additional outside review. Steve Miletich and Heidi Groover, “Reacting to Crash Finding, Congressional Leaders Support Outside Review of Boeing 737 MAX Fixes,” Seattle Times, April 4, 2019, https://www.seattletimes.com/business/boeing-aerospace/reacting-to-crash-finding-congressional-leaders-support-outside-review-of-boeing-737-max-fixes/. Back to note reference 10.

11. Ballard C. Campbell, The Growth of American Government: Governance from the Cleveland Era to the Present (Bloomington: Indiana University Press, 2015), 29. Back to note reference 11.

12. Ari Hoogenboom and Olive Hoogenboom, A History of the ICC: From Panacea to Palliative (New York: W. W. Norton, 1976); Richard White, Railroaded: The Transcontinentals and the Making of Modern America (New York: W. W. Norton, 2011); Gabriel Kolko, Railroads and Regulation: 1877–1916 (Princeton, NJ: Princeton University Press, 1965), 12. Back to note reference 12.

13. Ibid. Back to note reference 13.

14. “Democracy Index 2018: Me Too? Political Participation, Protest and Democracy,” The Economist Intelligence Unit, https://www.eiu.com/public/topical_report.aspx?campaignid=Democracy2018. Back to note reference 14.