ADPPA Mimics GDPR’s Flaws, and Goes Further Still
Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its first legislative markup, set for tomorrow morning before the U.S. House Energy and Commerce Committee’s Consumer Protection and Commerce Subcommittee. Though the bill’s legislative future remains uncertain, particularly ... ADPPA Mimics GDPR’s Flaws, and Goes Further Still
DMA Update: It’s Still a Privacy Danger
The European Union’s Digital Markets Act (DMA) has been finalized in principle, although some legislative details are still being negotiated. Alas, our earlier worries about user privacy still have not been addressed adequately. The key rules to examine are the DMA’s interoperability mandates. The most recent DMA text introduced a potentially very risky new kind ... DMA Update: It’s Still a Privacy Danger
EU’s Compromise AI Legislation Remains Fundamentally Flawed
European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to ensure AI systems are safe in a number of uses designated as “high risk.” One of the big problems with the AIA is that, as originally drafted, it ... EU’s Compromise AI Legislation Remains Fundamentally Flawed
Privacy and Security Risks of Interoperability and Sideloading Mandates
There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital markets. In a new working paper published by the Stanford-Vienna Transatlantic Technology Law Forum, I analyzed five such bills: the EU Digital Services Act, the EU Digital Markets Act, and ... Privacy and Security Risks of Interoperability and Sideloading Mandates
The Digital Markets Act Shouldn’t Mandate Radical Interoperability
Despite calls from some NGOs to mandate radical interoperability, the EU’s draft Digital Markets Act (DMA) adopted a more measured approach, requiring full interoperability only in “ancillary” services like identification or payment systems. There remains the possibility, however, that the DMA proposal will be amended to include stronger interoperability mandates, or that such amendments will ... The Digital Markets Act Shouldn’t Mandate Radical Interoperability
