Speaker: Prof. Anat Lior, Drexel University, Thomas R. Kline School of Law
Refreshments at 3:45 p.m.
Host: Joan Feigenbaum
Title: First, Video Killed the Radio Star, So How is the Fax Machine Still Alive? When Law Cements Old Technologies
Abstract:
Fax it in’ might be the most frustrating request a consumer can hear from its provider. There seems to be no clear justification in 2025 for one to be obligated to either fax or physically mail documents rather than use more readily available technologies. The requestors of these faxed documents, mostly in the health and financial sectors, will explain that this is the best way to protect your privacy and comply with regulations, but that is not the whole picture.
This paper offers a first-of-its-kind survey of ‘old’ technologies still entrenched in our commercial, national security, and governmental systems using the fax machine as its primary case study. It reviews the alleged benefits of these technologies, mostly claims of enhanced security and privacy protection, as a means to justify their survival in the current technological landscape. Three distinct players use these technologies via different levels of interactions: governments, businesses, and customers/citizens. The paper advocates for a change in the technologies deployed in the commercial context. However, it preserves governmental discretion to sustain old tech regarding internal correspondences given national security concerns and business-to-business interactions due to established business practices.
Federal agencies advocating for consumer protection, such as the FCC, FTC, CFPB, and HHS, should play an integral part in supporting a shift into advanced technologies to benefit consumers who wish to access essential services. These consumers are experiencing communication barriers given how the system has been structured, despite the many benefits new technologies have to offer now and will have to offer soon. The paper gleans lessons learned from the fax case and offers insights concerning the adoption and commercial implementation of upcoming emerging technologies focusing on Artificial Intelligence (AI) and Quantum Technologies. Innovation is constantly changing, and consumers’ ability to benefit from it should be a priority while navigating their interactions with their providers.
This paper will appear in the Georgetown Law Technology Review in 2025.