Ian KERR

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Ian KERR
Full Professor; Canada Chair Ethics, Law & Tech.

B.Sc. (Alberta)
B.A. (Hons.) (Alberta)
M.A. (U.W.O.)
LL.B. (U.W.O)
Ph.D. (Philosophy of Law) (U.W.O), of the Bar of Ontario, Canada Research Chair in Ethics, Law & Technology

57 Louis Pasteur St., Room 363

Office: 613-562-5800 ext. 3281

Work E-mail: iankerr@uOttawa.ca

Ian Kerr bio image

Biography

Dr. Ian Kerr is Full Professor and Canada Research Chair in Ethics, Law, and Technology at the University of Ottawa, where he holds a unique four-way appointment in Law, Medicine, Philosophy, and Information Studies. His research interrogates legal and ethical issues surrounding the human-machine merger. At one end of the continuum, he examines the social implications of delegating human tasks and decision-making to machines, at the other end, of putting machine parts into people. His current research focuses on artificial intelligence (AI) decision-making, military robots, driverless cars, robotic surgery, automated medical diagnostics and implantable medical devices. His work on these emerging technologies has contributed to the development of a new field of study: AI and robotics law and policy. He also continues to play a leading role on the global stage in rethinking privacy and surveillance.

 

Dr. Kerr’s primary role in the School of Information Studies is the supervision of graduate students. He is internationally renowned for his dedication as a teacher and mentor. His devotion to teaching has earned him eight awards and citations, including the University of Ottawa Excellence in Education Prize, the Bank of Nova Scotia Award of Excellence in Undergraduate Teaching, the University of Ottawa AEECLSS Teaching Excellence Award and the University of Western Ontario, Faculty of Graduate Studies, Award of Teaching Excellence. His courses—Building Better Humans? and The Laws of Robotics—have garnered international attention, with regular invitations to lecture and teach at prestigious institutions across North America, Europe, the Middle East and Asia. He is the co-director of the Canada Research Chair Laboratory in Law and Technology, a facility supporting the training of 40 researchers. In addition to supporting and supervising a steady stream of Masters, PhDs and PostDocs, he also hires a select group of 6-8 undergraduate research assistants as part of the Centre for Law, Technology, and Society’s 1L Techno-ship program, attracting the law school’s top talent every year. He is known for immersing his students in cutting edge research, cultivating deep academic interest and involving them in hands-on skill-developing opportunities, including: developing research materials, co-authoring publications, accompanying him to government and court appearances, and, with his top graduate students, co-teaching university courses. He is always in search of exceptional students to join his research team.

Dr. Kerr is regularly invited to consult and collaborate with international institutions, governments, NGOs, and academic/professional institutes on the ethics, regulation and governance of emerging technologies. Some recent examples include: the United Nations, the World Economic Forum, the International Conference of Data Protection and Privacy Commissioners, the White House, the office of the Privacy Commissioner of Canada, the Uniform Law Conference of Canada, the National Judicial Institute, the Standing Parliamentary Committee for Access to Information, Ethics, and Technology, and the Standing Senate Committee for Social Affairs, Science, and Technology.

Dr. Kerr’s prolific contributions to the field integrate philosophical, technological, and legal frameworks and methods. His interdisciplinary research has attracted more than eight million dollars in support from the Canada’s Tri-Council and other agencies. SSHRC and the Canada Research Chair program have funded ongoing work on AI, robotics, artificial organs and medical devices. Transport Canada funds his work on autonomous and connected vehicles. The Department of National Defence funds his research on autonomous weapon systems.

Dr. Kerr has also spearheaded several large team-based research initiatives on privacy and surveillance and was recognized for his outstanding contributions to scholarship with the Karen Spector Memorial Award for Excellence in Privacy Law. His seminal work, Lessons from the Identity Trail, published by Oxford University Press under its first ever Creative Commons licence, assembles the work of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts from around the globe. Together, they collaborate on a range of topics including: human implantable radio frequency identification chips, ubiquitous computing, predictive data-mining, selective self-presentation, gender identity, the societal impact of web-camming, national identity cards, the social value of privacy and its constitutional limits, the perceived tension between privacy and national security, and a five-country comparative study surveying the place of anonymity across the legal domain.

Courses:

Contracts (CML 1202)

The Laws of Robotics (CML 4112)

Building Better Humans? (CML 4112)

Technoprudence: Legal Theory in an Information Age (DCL 7300)

Publications

Books authored:

5th Ed Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2016), [co-authored by Mitchell McInnes, J and Anthony Vanduzer, 655 pp.] 

4th Ed Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2013), [co-authored by Mitchell McInnes, J and Anthony Vanduzer, 655 pp.] 

3rd Ed Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2011), [co-authored by Mitchell McInnes, and J Anthony Vanduzer, 655 pp.] 

2nd Ed Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2005), [co-authored by Mitchell McInnes, J Anthony Vanduzer and Chi Carmody, 655 pp.] 

Managing the Law: The Legal Aspects of Doing Business (Pearson Education: Toronto, 2003), [co-authored by Mitchell McInnes, J. Anthony Vanduzer and Chi Carmody, 636 pp.] 

Books edited:

Robot Law (New York: Edward Elgar, 2016) [Co-edited in equal proportion with Ryan Calo and A Michael Froomkin] 

Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society (New York: Oxford University Press, 2009) [Co-edited in equal proportion with Valerie Steeves and Carole Lucock] 

Casebooks edited:

The Laws of Robotics eds Ian R Kerr, Jason Millar, 9th ed (University of Ottawa: Ottawa, 2016)

Building Better Humans? eds Ian R Kerr & Jason Millar, 7th ed (University of Ottawa: Ottawa, 2012) (2013 in updated)

Technoprudence: Legal Theory in the Information Age eds Ian R Kerr and Nikiforos Iatrou, 2nd ed (University of Ottawa: Ottawa, 2001; 2004)

Cases and Materials on the Legal Foundations of Media and Information, 3rd ed  (UWO: London, 1997-99)

Cases and Materials on Legal and Ethical Issues in Multimedia, 3rd ed (UWO: London, 1997-99)

Chapters in Books:

“Robots and Artificial Intelligence in Healthcare” in Canadian Health Law & Policy, eds Joanna Erdman, Vanessa Gruben and Erin Nelson (Lexis Nexus, forthcoming 2017) [co-authored in equal proportion with Jason Millar]

“Delegation, Relinquishment and Responsibility: The Prospect of Robot Experts” in We, Robot, ed A Michael Froomkin (Edward Elgar Press, 2014) [co-authored in equal proportion with Jason Millar]

“Asleep at the Switch? How Lethal Autonomous Robots Become a Force Multiplier of Military Necessity” in We, Robot, ed A Michael Froomkin (Edward Elgar Press, 2014) [co-authored in equal proportion with Katie Szilagyi]

“Prediction, Preemption, Presumption: The Path of Law after the Computational Turn” in Privacy and Due Process After the Computational Turn, eds Mireille Hildebrandt, Solon Barocas and Katja de Vries (London: Routledge) forthcoming 2012.

 “Privacy, Identity and Anonymity” in International Handbook of Surveillance Studies, eds Kristie Ball, Kevin Haggerty and David Lyon (London: Routledge, 2012) [co-authored in equal proportion with Jennifer Barrigar]. 

“Emerging Health Technologies” in Canadian Health Law and Policy, 3rd ed, eds Jocelyn Downie, Timothy Caulfield, Colleen Flood (Toronto: Butterworths, 2012) [co-authored in equal proportion with Timothy Caulfield and Jennifer Chandler] 

“Digital Locks and the Automation of Virtue” in From Radical Extremism to Balanced Copyright: Canadian Copyright and the Digital Agenda” ed Michael Geist (Toronto: Irwin Law, 2010) 247-303.

“Soft Surveillance, Hard Consent” in Consent and Law: Problems and Perspectives, ed N Sudarshan (India: Amicus Books, 2009) 23-45 [co-authored in equal proportion with Jennifer Barrigar, Jacquelyn Burkell and Katie Black] 

“Deputizing the Private Sector? ISPs as Agents of the State” in Challenges of Privacy and Data Protection Law. Perspectives on European and North American Law, ed Maria Veronica Perez Asinari and Pablo Palazzi (Bruxelles: Bruylant, 2008) 479-501 [co-authored in equal proportion with Daphne Gilbert]

“The Medium and the Message: Personal Privacy and the Forced Marriage of Police and Telecommunications Providers” in Internet Service Providers: Law and Regulation, ed L Padmavathi (India: Amicus Books, 2009) 60-100 [co-authored in equal proportion with Jena McGill and Daphne Gilbert]

“The Strange Return of Gyges Ring” in Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society (New York: Oxford University Press, 2009)

“The Internet of People?: Reflections on the Future Regulation of Human Implantable Radio Frequency Identification” in Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society, eds. Ian Kerr, Valerie Steeves and Carole Lucock (New York: Oxford University Press, 2009)

“Soft Surveillance, Hard Consent” Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society (New York: Oxford University Press, 2009) [Co-edited in equal proportion with Valerie Steeves and Carole Lucock] (Oxford University Press, in press 2009) [co-authored in equal proportion with Jennifer Barrigar, Jacquelyn Burkell and Katie Black]

“Scoping Anonymity in Cases of Compelled Disclosure of Identity: Lessons from BMG v Doe” in Contours of Privacy, ed David Matheson (in press 2009) [co-authored with Alex Cameron]

“Deputizing the Private Sector? ISPs as Agents of the State” in Desafíos del derecho a la intimidad y a la protección de datos personales en los albores del siglo XXI. Perspectivas del derecho latinoamericano, europeo y norteamericano (forthcoming 2009) [co-authored with Daphne Gilbert]

“Quem está a tomar conta dos miúdos? A vigilância online a crianças e pré-adolescentes” in A Sociedade Vigilante: Ensaios sobre Privacidade, Identificação e Vigilância, ed Catarina Frois (Lisboa: Imprensa de Ciências Sociais, in press 2008) [co-authored with Valerie Steeves]

“Emerging Health Technologies” in Canadian Health Law and Policy, 3rd ed, eds Jocelyn Downie, Timothy Caulfield, Colleen Flood (Toronto: Butterworths, 2007)            509-538 [co-authored with Timothy Caulfield]

"To Observe and Protect? How Digital Rights Management Systems Threaten Privacy and What Policy Makers Should Do About It" in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age, Volume One: Copyright and Related Rights, ed Peter Yu (Westport, Connecticut: Praeger Publishers, 2007) 321-343

“If Left to Their Own Devices…How DRM and Anti-Circumvention Laws Can Be Used to Hack Privacy” in In the Public Interest: The Future of Canadian Copyright Law, ed Michael Geist (Toronto: Irwin Law, 2005) 167-210

"Nymity, P2P & ISPs: The Implications of BMG (Canada) v Doe" in Privacy and Technologies of Identity:  A Cross-Disciplinary Conversation, ed KJ Strandburg and DS Raicu (New York: Springer, 2005) [co-authored in equal proportion with Alex Cameron]

“The Role of ISPs in the Investigation of Cybercrime” in Information Ethics in an Electronic Age: Current Issues in Africa and the World, ed Thomas Mendina and Johannes Brtiz (Jefferson, North Carolina: McFarland Press, 2004 [co-authored in equal proportion by Daphne Gilbert]

“Should Law Protect the Technologies that Protect Copyright?” in Information Ethics in an Electronic Age: Current Issues in Africa and the World, ed Thomas Mendina and Johannes Brtiz (Jefferson, North Carolina: McFarland Press, 2004) 163-172

“Personal relationships in the Year 2000: Me and My ISP” in No Person Is an Island: Personal Relationships of Dependence and Independence (Vancouver: University of British Columbia Press, 2002) 78-119

“Online Service Providers, Fidelity and the Duty of Loyalty” in Ethics and Electronic Information, ed. Thomas Mendina and Barbara Rockenbach (Jefferson, North Carolina: McFarland Press, 2002)

“The Legal Implications of Software Agents in Electronic Commerce” in Introduction to Transnational Cyberspace Law, ed. Makoto Ibusuki, (Tokyo: Nihon Hyoron Sha, 2001) [in Japanese]

“Fictions and Deemings,” in The Philosophy of Law: An Encyclopedia, Volume I, ed. Christopher Gray, (Garland Publishing, 2000) 300-04

“Mind Your Metaphors: An examination of the Inefficacy Argument as a reason against Regulating On-line Conduct” in Ethics and Electronic Information in the 21st Century, ed. Lester Pourciau, (Purdue University Press, 1999), 231-251

Journal Articles:

“Chief Justice John Roberts is a Robot” (in progress)

“The Planned Obsolescence of Medical Devices” (in progress)

“Privacy and the Bad Man” (in progress)

“The Devil Is in the Defaults” 4:1 Critical Analysis of Law 91-103 (2017)

“Evitable Conflicts, Inevitable Technologies? The Science and Fiction of Robotic Warfare and International Humanitarian Law” Law, Culture and Humanities available online:http://lch.sagepub.com/content/early/2014/01/01/1743872113509443.full.pdf+html [co-authored with Katie Szilagyi]

“Prediction, Preemption, Presumption How Big Data Threatens Big Picture Privacy”  66 Stanford Law Review Online 65

“Reduction to Absurdity: Reasonable Expectations of Privacy and the Need for Digital Enlightenment” in Digital Enlightenment Yearbook (IOS, 2012) eds Jacques Bus, Malcolm Crompton, Mireille Hildebrandt and Goerge Metakides [co-authored in equal proportion with Jena McGill]

“A Tsunami Wave of Science: How the Technologies of Transhumanist Medicine are Shifting Canada’s Health Research Agenda” (2008) Health Law Review [co-authored in equal proportion with James Wishart]

“Tessling on My Brain: The Future of Lie Detection and Brain Privacy in the Criminal Justice System” Canadian Journal of Criminology and Criminal Justice (2008) 50:8 (in press) [co-authored in equal proportion with Max Binnie and Cynthia Aoki]

“Seizing Control?: The Experience Capture Experiments of Ringley & Mann" (2007) 9:2 Ethics and Information Technology 129-139 [co-authored in equal proportion with Jane Bailey]

“Emanations, Snoop Dogs and Reasonable Expectation of Privacy” (2007) 52:3 Criminal Law Quarterly 392-432 [co-authored in equal proportion with Jena McGill]

“Let’s Not Get Psyched Out of Privacy: Reflections on Withdrawing Consent to the Collection, Use and Disclosure of Personal Information” (2006) 44 Canadian Business Law Journal 54 [co-authored in equal proportion with Jennifer Barrigar and Jacquelyn Burkell]

“The Medium and the Message: Personal Privacy and the Forced Marriage of Police and Telecommunications Providers” (2006) 51:4 Criminal Law Quarterly 469-507 [co-authored in equal proportion with Daphne Gilbert and Jena McGill]

“Soft Surveillance, Hard Consent” (2006) 6 Personally Yours 1-14 [co-authored in equal proportion with Jennifer Barrigar, Jacquelyn Burkell and Katie Black]

“Hacking@Privacy: Anti-Circumvention Laws, DRM and the Piracy of Personal Information” (2005) Canadian Privacy Law Review 25-34

“Two Years On the Identity Trail” (2005) Canadian Privacy Law Review [co-authored in equal proportion with Hilary Young)

“Virtual Playgrounds and BuddyBots: A Data-Minefield for Tinys and Tweenies” (2005) 4 Canadian Journal of Law & Technology 91-105 [co-authored in equal proportion with Valerie Steeves)

“BuddyBots: How Turing’s Fast-Friends are Under-Mining Consumer Privacy” (2005) 14 Presence: Teleoperators and Virtual Environments 647-655 [co-authored in equal proportion with Marcus Bornfreund)

“Not That Much Room? Nanotechnology, Networks and the Politics of Dancing” (2004) 12 Health Law Journal 103-123 [co-authored in equal proportion with Goldie Bassi]

“Building a Broader Nano-Network” (2004) 12 Alberta Health Law Review 57-63 [co-authored in equal proportion with Goldie Bassi]

“Bots, Babes and the Californication of Commerce” (2004) 1 Ottawa Law and Technology Journal 285-325

“The Implications of Digital Rights Management for Privacy and Freedom of Expression” 2:1 (2004) Information, Communication and Ethics in Society 87-94 [co-authored in equal proportion with Jane Bailey]

“Technological Protection Measures: Tilting at the Copyright Windmill” (2003) 34 Ottawa L Rev 9-82 [co-authored in equal proportion with Alana Maurushat and Chris Tacit] 

“Mesures techniques: Partie II La protection juridique des MPT” (2003) 15:3 Les Cahiers de Propriété Intellectuelle 805-863 [co-authored in equal proportion with Alana Maurushat and Chris Tacit] 

“Mesures techniques: Partie I - Tendances en matière de mesures de protection technique et de technologies de contournement” (2003) 15:2 Les Cahiers de Propriété Intellectuelle 575-617 [co-authored in equal proportion with Alana Maurushat and Chris Tacit]

“The Legal Relationship Between Online Service Providers and Users” (2001) 35 Canadian Business Law Journal 1-40 

“Ensuring the Success of Contract Formation in Agent-Mediated Electronic Commerce” (2001) 1 Electronic Commerce Research Journal 183-202 

“Contract Formation in The Age of Automation: A Study of the Attribution Rules in Electronic Commerce Legislation” (2000) 61 Revista del Colegio de Abogados de Puerto Rico 208-245

“Electronic Miscommunication and The Defamatory Sense” (2000) 15 Canadian Journal   of Law & Society 81-110 [co-authored in equal proportion with Jacquelyn Burkell] 

“Spirits in the Material World: Intelligent Agents as Intermediaries in Electronic Commerce” (1999) 22 Dalhousie Law Journal 189-249 

“Pregnant Women and the Born Alive Rule in Canada” (2000) 8 Tort Law Review 713-19 

“Indemnity for the Cost of Rearing Wanted Children From Unwanted Pregnancies” (1998) 6 Tort Law Review 120-124 

“Pre-Natal Fictions and Post-Partum Actions” (1997) 20 Dalhousie Law Journal 237-274 

 

Fields of Interest

  • Information Law
  • Internet regulation
  • Privacy and Surveillance
  • Digital Ethics
  • Digital copyright
  • Cyber-crime
  • Robot Law
  • AI Law and Policy
  • E-commerce law
  • Philosophy of law
  • Philosophy of technology
  • Biomedical ethics
  • Health law and Policy
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