Intellectual property (IP) statutes promote and reward investment in new software, devices, branded goods, and even viruses. Production in these areas has boomed. Through harmonization of IP rights, countries that once did not produce that many branded or high-tech innovations have come to rival the North Atlantic countries in the sophistication of their output. At some point, innovation may cross an invisible line from helpful to harmful, and it may have done so already. Genetic engineering may be on course to unleash deadly pandemics and upset the delicate balance of vital ecosystems on Earth. Algorithmic innovations at the frontiers of deep learning and neural networks could supercharge weapons research while eroding privacy in surveillance applications. Quantum technologies could make walls and packaging transparent to nosy public and private agencies. Moreover, connected weapons and new methods of production could escape human control, and electric vehicles and solar panels may multiply at a rate that harms biodiversity and demands unsustainable amounts of certain minerals. Human rights law might apply to innovation policy, however. Banning certain technologies to protect fundamental rights, and mandating corrective improvements to preserve rights, are topdown solutions proposed in the Artificial Intelligence Act of the European Union. The class action mechanism represents a bottom-up method to gather dispersed individuals to rectify a harm, and boasts a long historical pedigree. Other solutions, including Pigouvian taxes and cap-and-trade regulation, arise from the economics of externalities.
