A few years ago The New York Times Magazine asked constitutional scholar and legal commentator Jeffrey Rosen to imagine the future of technology and law. His reporting convinced him that the U.S. Constitution is incapable of dealing with some of the challenges posed by technological advances in fields like genetic selection and surveillance. It also revealed the profound role of corporate legal departments in making determinations about privacy and free speech—sometimes ahead of judges and juries.
These ideas are at the core of Constitution 3.0: Freedom and Technological Change, a new compilation of essays edited by Rosen and Benjamin Wittes and published by The Brookings Institution. Rosen, a law professor at George Washington University and legal affairs editor at The New Republic, spoke with reporter Catherine Dunn about the book, legal battles to come, and his argument that in-house counsel can wield more power than the U.S. Supreme Court. An edited version of their conversation follows.
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