Showing archive for: “AI & Big Data”
Avoiding Misguided Remedies in the Google Search Antitrust Case
In his August 2024 ruling in the Google Search antitrust litigation, U.S. District Court Judge Amit Mehta found that Google’s default-distribution agreements—through which the company paid Apple, Mozilla, and others to make Google the preloaded search engine—were exclusionary under Section 2 of the Sherman Act. The court’s rationale focused on “default bias” and scale effects; ... Avoiding Misguided Remedies in the Google Search Antitrust Case
Are Trump’s Tariffs A Blessing in Disguise for Europe’s Tech Sector?
Less than a month has passed since President Donald Trump’s inauguration, but it is already clear that tariffs will be central to his administration’s economic policy and geopolitical strategy. Following an initial round of tariff threats against Mexico and Canada, and hiked tariffs on China, Trump is setting his sights on new targets—the European Union ... Are Trump’s Tariffs A Blessing in Disguise for Europe’s Tech Sector?
Promoting Competition, Not Regulation, Is Key to US AI Leadership
Artificial intelligence is commanding headlines. In the first week of his second term, President Donald Trump rescinded the Biden administration’s October 2023 executive order on AI; issued a new, less-regulatory AI executive order; and announced the $500 billion “Stargate” joint venture on AI infrastructure, involving Oracle, OpenAI, and Softbank. That same week, the Chinese AI ... Promoting Competition, Not Regulation, Is Key to US AI Leadership
AI Training Is Not Fair (According to One Court)
The concept of transformative use has emerged as a pivotal issue in fair-use analysis, particularly in cases that involve training data for artificial intelligence (AI). At its core, the transformative-use inquiry asks whether the new work repurposes original material to serve a markedly different function or market than that of the copyrighted work. In this ... AI Training Is Not Fair (According to One Court)
Out with the Old Rules and in with…Something?
Pleading (in) the Fifth (Circuit) Way back in late January, I wrote a piece called “Lina’s Lingering Legacy?” Lina Khan—at that time, Commissioner Khan, and the week before that, Chair Khan—had not yet left the Federal Trade Commission (FTC) building. But she had been replaced as chair by presidential fiat (as per Section 1 of ... Out with the Old Rules and in with…Something?
DeepSeek Shows Why Regulators May Be Getting AI Wrong
For more than a year, competition regulators around the globe have been unified in issuing a clarion call that artificial intelligence (AI) risks becoming dominated by just a handful of firms. International competition agencies issued a joint statement in December warning that AI could entrench “market power” and reduce competition. Andreas Mundt, president of Germany’s ... DeepSeek Shows Why Regulators May Be Getting AI Wrong
Trump Administration Has Opportunity to Chart a Better Course on AI
The lawsuit that the U.S. Justice Department (DOJ) filed last August against the real-estate software provider RealPage, as well as a report issued last month by the White House Council of Economic Advisers (CEA) claiming to find $3.8 billion in consumer harms in the rental-housing market arising from the use of algorithmic-pricing tools, both stand ... Trump Administration Has Opportunity to Chart a Better Course on AI
Perspectives on Industrial Policy: An Interview with Peter Craddock
You had a recent post on LinkedIn that offered a critical analysis of the European Data Protection Board’s (EDPB) August 2024 consent-or-pay opinion, highlighting concerns about its effects on the freedom to conduct business. The decision was part of a larger context of developments in the European Union that, at least in the United States, ... Perspectives on Industrial Policy: An Interview with Peter Craddock
AI Patent Policy Should Promote Economic Growth and Innovation
Artificial intelligence is “technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy.” AI will play an increasingly important role in driving innovation and economic growth. Strong patent protection can incentivize AI-related inventions and the transmission of AI-specific technological improvements throughout the economy. Accordingly, the Trump administration may ... AI Patent Policy Should Promote Economic Growth and Innovation
AI Hallucinations, GDPR, and the Importance of Cautious Optimism
The General Data Protection Regulation (GDPR), the EU’s data-protection law, requires accuracy in processing personal data. But generative-AI services, such as large language models (LLM), may “hallucinate” or reflect information that is false but widely spread. On one hand, such inaccuracies may seem like an inherent feature of the technology. On the other, some major ... AI Hallucinations, GDPR, and the Importance of Cautious Optimism
DOJ’s Not-so-Modest Proposal
The U.S. Justice Department (DOJ) late last month filed its much-anticipated initial proposed final judgment in the Google Search antitrust case. The proposal—to use a bit of baseball parlance—swung for the fences. Maybe they’ll get a hit, or maybe even a home run. Or not. Dodgers superstar Shohei Ohtani hit a whopping 54 home runs ... DOJ’s Not-so-Modest Proposal
The AI Legislative Puzzle
With Donald Trump’s victory in this week’s presidential election, the federal government’s approach to the regulation of artificial intelligence (AI) stands at a crucial inflection point. While there may be pressure to rush through AI legislation during Congress’ upcoming lame-duck session, such haste could prove counterproductive for U.S. leadership in AI development. Instead, this transition ... The AI Legislative Puzzle
