When the investor Marc Andreessen wrote in 2011 that “software is eating the world,” his point was a contentious one. He argued that the boundary between technology companies and the rest of industry was becoming blurred, and that the “information economy” would supplant the physical economy in ways that were not entirely obvious.
Six years later, software’s dominance is a fact of life. What it has yet to eat, however, is the law. If almost every sector of society has been exposed to the headwinds of the digital revolution, governments and the legal profession have not. But that is about to change.
The rise of complex software systems has led to new legal challenges. Take, for example, the artificial intelligence systems used in self-driving cars. Last year, the US Department of Transportation wrote to Google stating that the government would “interpret ‘driver’ in the context of Google’s described motor-vehicle design” as referring to the car’s artificial intelligence.