Photo of Jay Donde

Recently, the “trolley problem,” a decades-old thought experiment in moral philosophy, has been enjoying a second career of sorts, appearing in nightmare visions of a future in which cars make life-and-death decisions for us. Among many driverless car experts, however, talk of trolleys is très gauche. They call the trolley problem sensationalist and irrelevant. But this attitude is unfortunate. Thanks to the arrival of autonomous vehicles, the trolley problem will be answered—that much is unavoidable. More importantly, though, that answer will profoundly reshape the way law is administered in America.

To understand the trolley problem, first consider this scenario: You are standing on a bridge. Underneath you, a railroad track divides into a main route and an alternative. On the main route, 50 people are tied to the rails. A trolley rushes under the bridge on the main route, hurtling towards the captives. Fortunately, there’s a lever on the bridge that, when pulled, will divert the trolley onto the alternative route. Unfortunately, the alternative route is not clear of captives, either — but only one person is tied to it, rather than 50. Do you pull the lever?
Continue Reading

Recent challenges to the Federal Trade Commission’s (FTC) authority to police data security practices have criticized the agency’s failure to provide adequate guidance to companies.

In other words, the criticism goes, businesses do not know what they need to do to avoid a charge that their data security programs fall short of the law’s requirements.

A series of blog posts that the FTC began on July 21, 2017, titled “Stick with Security,” follows promises from acting Chair Maureen Ohlhausen to provide more transparency about practices that contribute to reasonable data security. Some of the posts provide insight into specific data security practices that businesses should take, while others merely suggest what, in general, the FTC sees as essential to a comprehensive data security program.
Continue Reading

Two bills designed to facilitate the removal of minors’ personal information from social networking sites are currently under consideration in the California State Assembly, after being approved in the upper house of the state’s legislature, the Senate, in early 2013. The first of the two bills, S.B. 501, would require a “social networking Internet