ailments and using a standardized set of diagnostic criteria, are less accurate in their diagnoses than computers analyzing the identical criteria. The explanation for this disparity in performances seems to relate to several factors, including the doctor's state of mind, and their reactions to extraneous aspects of the patients' physical appearance and personality. The significant point here is that, for routine, repetitive situations of all sorts, where criteria/characteristic relationships are well understood and empirically demonstrable, computers do have legitimate, cost-effective application potential, and in fact, may well out-perform their human counterparts. (Computer auto diagnostics are a superior example of this sort of application.) While we're on the subject of human shortcomings, let me bring up a couple of additional study findings of the past several years which serve, I believe, to put the computer into better perspective. For example, clinical experiments strongly suggest that human analytical processes tend to remain unchanged, even in the face of extremely high rates of dysfunction. ln one test,(Goldberg, American Psychologist, 1970), diagnosticians were given a hypothesis about the interpretation of certain test results, along with several corroborating case histories. Using these criteria, the clinicians were given a series of test cases to analyze, receiving immediate feedback regarding the correctness of their evaluations. It took an 80% failure rate to make them consider abandoning the criteria they had been given and to search for a more suitable one. Data such as this suggests that the human mind tends not to be adaptive. Yet a computer can be programmed to put reviewers on notice whenever a failure rate on a routine procedure reaches an unacceptable rate, which we would judgmentally set considerably lower than 80%. There is clinical experience which suggests further, rather severe limitations to man's cognitive and perceptual abilities. Numerous studies tend to corroborate George Miller's original hypothesis that the human mind can handle no more than 7 2 different data elements at the same time. Stafford and de Neufville state not only that it is impossible for humans to make reliably consistent comparisons between objects with more than one dimension, but that human judgment, particularly in non-linear decision situations, is clouded by personal psychological utilities. (Systems Analysis for Engineers and Managers, McGraw Hill, l97l.) Thus, man is not without his shortcomings as an analytical tool, as the supercilious HAL observed in Arthur Clarke's "2001". In fact, one might go so far as to suggest that man is a 'double-edged sword' whose potential for social and political evil must be carefully proscribed. An absurd analogy, and yet, of course, we do proscribe man's potential for doing wrong through our laws. And so too, I suggest, should we deal with the negative potentials of Computers. Basically, of course, when we talk about the regulation of computers, we are really talking about controlling the use and abuse of data. A variety of approaches have been suggested for the regulation of data banks. Some people have proposed that certain classes of personal data simply not be automated (or even collected at all, for that matter). Others have proposed that the collection, processing and distribution of information be licensed by the government. The most far-reaching, concrete action of this sort has been the Swedish Data Act of 1974, under which no computerized personal data file may be established or maintained without a permit issued by a Data Inspection Board, which also issues and enforces standards for file size and content, security, disclosure, and data sharing. It is clear that there are a variety of proposals for data bank regulation which would be workable and effective. Such proposals, however, fail to address a critical reality which will become an increasingly important central feature of the information age. This reality is that information has economic value. There is ample evidence of this in the every day life of organized social, political, and economic enterprise. Institutions spend millions of dollars on reports and studies to aid them in making correct decisions. The sale of abstracts, digests, bulletins, news and technical journals run into the billions of dollars. Mailing lists, particularly when associated with socio-economic data, are of enormous value for marketing purposes. Patent holders sell or lease the rights to use their ideas. The "all news" radio format is now the biggest money maker in the audio broadcast industry. Institutions pay millions of dollars each year to send employees to schools, seminars, and conferences ... presumably for the knowledge which the employees will acquire for use within the institution. Of course, information has always had value, and has always been bought and sold; but never on so large a scale or in so large an amount as it is today. The primary reason for this is the complexity of the modern world. Decision-makers seek to minimize risk; with the increased variety in our society, more and more data must be gathered and analyzed in order to determine the probabilities associated with a given decision. lt is clear that this situation will continue to accelerate as individuals and institutions seek to improve upon the sub-optimal decisions of the recent past. Thus, the compilation, analysis, and distribution of information will become a vital global industry in the coming decade. Some have speculated that it will become the dominant industry. Given these circumstances, it would seem extremely desirable and patently reasonable that we should immediately begin to treat information as an economic commodity. First, it should be pointed out that the courts have long linked the protection of personal privacy to the legal conception of property rights. In this context, the unauthorized acquisition and/or dissemination of private information has been treated under the laws pertaining to trespass; while the unauthorized distribution of legitimately acquired data is regarded as a breach of contract. (The new Swedish Data Act established "Data Trespass" as a new form of crime.) Thus, for most personal data, the law is already well established with regard to the treatment of information as a commodity. [image]