‘Permissionless Innovation’ Offline as Well as On

"These cases illustrate how the need to seek permission can harm innovation in the physical world, not just the virtual one. The costs of this forgone innovation are high. Left to tort-based regulation, the commercial drone industry might already be flourishing, resulting in new services, business models, companies, and jobs. And how many people di... See more

"The alternative to permission-based regulation is centuries old and well tested — the common law of tort. Under tort law, instead of asking for permission to introduce a potentially dangerous product, a firm must pay for the damages its dangerous product creates if it is found liable in court. Brilliantly, the tort system operates retrospectively ... See more