Brett M. Frischmann

• BA in Astrophysics from Columbia University, an MS in Earth Resources Engineering from Columbia University, and a JD from the Georgetown University Law Center
• Professor at Villanova University

Governing Misinformation in Everyday Knowledge Commons delves into the complex issue of misinformation in our daily lives. The book synthesizes three scholarly traditions - everyday life, misinformation, and governing knowledge commons - to present 10 case studies of online and offline communities tackling diverse dilemmas regarding truth and infor...

We examine the authentication practices of a diverse set of 101 colleges and universities in the United States and Canada to determine compliance with five standards in NIST Special Publication 800-63-3 Digital Identity Guidelines. We find widespread noncompliance with standards for password expiration, password composition rules, and knowledge-bas...

As social media has become a predominant mode of communication globally, the rise of abusive content threatens to undermine civil discourse. Recognizing the critical nature of this issue, a significant body of research has been dedicated to developing language models that can detect various types of online abuse, e.g., hate speech, cyberbullying. H...

The rise of 'smart' – or technologically advanced – cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and tec...

The rise of 'smart' – or technologically advanced – cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and tec...

The rise of 'smart' – or technologically advanced – cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and tec...

The rise of 'smart' – or technologically advanced – cities has been well documented, while governance of such technology has remained unresolved. Integrating surveillance, AI, automation, and smart tech within basic infrastructure as well as public and private services and spaces raises a complex set of ethical, economic, political, social, and tec...

Introduction: Do externalities work and matter differently in a world of scarcity vs. a world of abundance? In this article, we critically examine the economic phenomena of externalities. The concept of externality, an important idea in economics and law, is useful in exploring the complex and dynamic relationships between resource supply and huma...

Techno-social engineering (TSE) theory argues that digital platforms shape and program human behaviors. We provide empirical evidence of this theory by introducing a novel method to conduct in-network studies on Facebook. We manipulate Facebook’s birthday notification system by recruiting confederates to change their birthday to a randomly assigned...

The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But...

Knowledge commons facilitate voluntary private interactions in markets and societies. These shared pools of knowledge consist of intellectual and legal infrastructures that both enable and constrain private initiatives. This volume brings together theoretical and empirical approaches that develop and apply the Governing Knowledge Commons framework...

Nudging is the ascendant social engineering agenda pioneered by economist Richard Thaler and law professor Cass Sunstein. It has crept into the design of human-computer interfaces, affecting billions of individuals’ decisions daily. The foundational principles of nudging are simple: First, behavioral studies and data should inform the design of pri...

Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing...

Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing...

Governing Privacy in Knowledge Commons explores how privacy impacts knowledge production, community formation, and collaborative governance in diverse contexts, ranging from academia and IoT, to social media and mental health. Using nine new case studies and a meta-analysis of previous knowledge commons literature, the book integrates the Governing...

Studies of economic growth often refer to “general purpose technology” (GPT), “infrastructure,” and “openness” as keys to improving productivity. Some GPTs, like railroads and the Internet, fit common notions of infrastructure and spawn debates about openness, such as network neutrality. Other GPTs, like the steam engine and the computer, seem to b...

This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of...

Garrett Hardin’s “The Tragedy of the Commons” (1968) has been incredibly influential generally and within economics, and it remains important despite some historical and conceptual flaws. Hardin focused on the stress population growth inevitably placed on environmental resources. Unconstrained consumption of a shared resource—a pasture, a highway,...

Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. T...

This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of...

This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of...

“Freedom in a commons brings ruin to all.” So argued ecologist Garrett Hardin in “ The Tragedy of the Commons ” in the 13 December 1968 issue of Science ( 1 ). Hardin questioned society's ability to manage shared resources and avoid an environmentally and socially calamitous free-for-all. In the 50 years since, the essay has influenced discussions...

This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of...

Cambridge Core - Law and Economics - Re-Engineering Humanity - by Brett Frischmann

Conceptualizing privacy as information flow rules-in-use constructed within a commons governance arrangement, we adapt the Governing Knowledge Commons (GKC) framework to study the formal and informal governance of information flows. We incorporate Helen Nissenbaum's “privacy as contextual integrity” approach, defining privacy in terms of contextual...

Conceptualizing privacy as information flow rules-in-use constructed within a commons governance arrangement, we adapt the Governing Knowledge Commons (GKC) framework to study the formal and informal governance of information flows. We incorporate Helen Nissenbaum's “privacy as contextual integrity” approach, defining privacy in terms of contextual...

Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. T...

“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and i...

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

This chapter describes methods for systematically studying knowledge commons as an institutional mode of governance of knowledge and information resources, including references to adjacent but distinct approaches to research that looks primarily to the role(s) of intellectual property systems in institutional contexts concerning innovation and crea...

This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commo...

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

This Essay considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed commo...

“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and i...

This chapter describes methods for systematically studying knowledge commons as an institutional mode of governance of knowledge and information resources, including references to adjacent but distinct approaches to research that looks primarily to the role(s) of intellectual property systems in institutional contexts concerning innovation and crea...

This paper explores the ways in which the BBC produces, sustains, and makes available resources that may be considered infrastructural. In the past, the BBC has been justified through appeals to the economic theory of public goods. Public goods theory is a useful place to start, but it is not enough. It fails to describe fully what role the BBC act...

This Article examines a constitutional problem that largely goes unnoticed and unexamined by legal scholars — the problem of technosocial engineering of humans. After defining terms and explaining the nature of the problem, I explain how techno-social engineering of humans is easily ignored, as we perform constrained cost-benefit analyses of increm...

Contract law shapes the transactional environments where people formulate legally binding commitments and relationships. In general, contract law is understood to be a form of liberating infrastructure that greatly enhances individual and group autonomy and sociality. Yet conventional understanding may have it backwards. Contracting practices have...

From 1938 to 1950, there was a spirited debate about whether decreasing-average-cost industries should set prices at marginal cost, with attendant subsidies if necessary. In 1938, Harold Hotelling published a forceful and far-reaching proposal for marginal cost pricing entitled “The General Welfare in Relation to Problems of Taxation and of Railway...

Coase always expressed dissatisfaction with neo-classical economics and advocated for a new approach. Rather than using toy mathematical models built from unrealistic, idealized assumptions, Coase preferred to study real-world contexts, including actual legal cases. He demonstrated the utility of his approach in ‘The Problem of Social Cost’. Yet al...

“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and i...

Coase always expressed dissatisfaction with neo-classical economics and advocated for a new approach. Rather than using toy mathematical models built from unrealistic, idealized assumptions, Coase preferred to study real-world contexts, including actual legal cases. He demonstrated the utility of his approach in ‘The Problem of Social Cost’. Yet al...

“Knowledge commons” describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and i...

This article makes two major contributions. First, it develops a methodology to investigate techno-social engineering of human beings. Many claim that technology dehumanizes, but this article is the first to develop a systematic approach to identifying when technologies dehumanize. The methodology depends on a fundamental and radical repurposing of...

This article is a tribute to Elinor Ostrom. It explores two enduring lessons she taught: a substantive lesson that involves embracing complexity and context, and a methodological lesson that involves embracing a framework-driven approach to systematic, evolutionary learning through various interdisciplinary methodologies, theories, and empirical ap...

This chapter explores how infrastructure theory applies to the Internet and in particular the network neutrality debate. The chapter demonstrates how the infrastructure analysis, with its focus on demand-side issues and the function of commons management, reframes the network neutrality debate, weights the scale in favor of sustaining end-to-end ar...

Infrastructure and commons are not typically thought to be related to one another. Both concepts have rich histories and varied meaning, and both involve complex phenomena that are the subject of study in various disciplines, including engineering, economics, political science, and law. There is no separate field of infrastructure study or commons...

This chapter considers the relationship between nondiscrimination rules and supply-side incentives to invest in infrastructure. We encountered the issue throughout chapter 6. This chapter frames and evaluates the oft -made claim that government-imposed commons management will significantly impair incentives to invest in infrastructure. The impact o...

This chapter considers partially (non)rival infrastructure and congestion. Specifically, it explains and analyzes congestions problems and solutions. It begins with the basic economic model of congestion, which assumes homogenous uses, and discusses various approaches to managing congestion. It turns to more complex congestion problems, involving h...

This chapter explores how infrastructure theory applies to cultural-intellectual resources. Intellectual infrastructure, such as basic research, ideas, general purpose technologies, and languages, creates benefits for society primarily by facilitating a wide range of downstream productive activities, including information production, innovation, an...

Telecommunications infrastructure is mixed infrastructure with a long history of public commitment to commons management. As Chapter 6 discussed, the industry transformed dramatically over the past century and continues to be quite dynamic. This chapter provides an overview of the basic economic issues and the industry transformation and highlights...

Infrastructure resources are the subject of many contentious public policy debates, including what to do about crumbling roads and bridges, whether and how to protect our natural environment, energy policy, even patent law reform, universal health care, network neutrality regulation, and the future of the Internet. Each of these involves a battle t...

For more, go to http://www.brettfrischmann.com/Infrastructure_Book

This Essay prepared for the Wisconsin Law Review’s symposium on Intergenerational Equity lays the groundwork for a broader understanding of the goals of IP law in the United States by arguing that there is room for a normative commitment to intergenerational justice. First, we argue that the normative basis for IP laws need not be utilitarianism. T...

Constructing Commons in the Cultural Environment, and responses to that article by Professors Thráinn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Lawrence Solum. This short Reply comments briefly on each of those responses.

"This paper considers the problem of understanding intellectual sharing/pooling arrangements and the construction of cultural commons arrangements. We argue that an adaptation of the approach pioneered by Elinor Ostrom and collaborators to commons arrangements in the natural environment may provide a template for the examination of constructed comm...

In this brief comment, filed on April 12, 2010 in the FCC Open Internet proceeding (GN Docket No. 09-191), I make two points: First, I argue that the FCC must resist falling into the rhetorical trap set by many participants in the debate who attempt to frame the policy debate narrowly in terms of antitrust and regulatory economics. A myopic focus o...

This essay makes two related contributions. First, it introduces the concept of “patent pull” to highlight an underexplored demand-side perspective on patents. Patents “pull” (private and public) investment to productive activities that would be less attractive in the absence of patents. Exploring the role of patents from the demand side reveals th...

Wendy Gordon has noted that most of IP law is concerned with internalizing positive externalities. In two recent articles - Spillovers (with Mark Lemley) and Evaluating the Demsetzian Trend in Copyright Law, I challenge the conventional economic theory of intellectual property and specifically the idea that society ought to use intellectual propert...

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

The Future of the Internet. And How to Stop It. By Jonathan L. Zittrain. Yale University Press, New Haven, CT, 2008. 350 pp. $30. ISBN 9780300124873. () The author argues that the runaway success of the Internet has placed it on the road to a innovation-stifling and centrally monitored (and controlled) state.

This essay explores how my recent work on infrastructure and commons applies to environmental resources. Part I briefly describes the core idea, which is developed extensively elsewhere. Part II suggests how it might apply to the natural environment, touching on a number of interesting implications in need of further exploration. Specifically, Part...

IntroductionAnalytic FrameworkApplying the Analytical Framework to International Trade and International Environmental RegimesConclusion

Many know the marketplace of ideas as a metaphor. Yet, economics may help explain speech and the First Amendment in more than a metaphoric way. This essay, written for the Law in a Networked World conference hosted by the University of Chicago Legal Forum, explores how the First amendment may operate to sustain a spillover rich networked environmen...