Showing archive for: “Privacy & Data Security”
Kids and Online Safety: An International End-of-Year Review
As the year comes to a close, it is worth reviewing how governments around the world—including at both the state and federal level in the United States—have approached online regulation to protect minors. I will review several of the major legislative and regulatory initiatives, with brief commentary on the tradeoffs involved in each approach. Age ... Kids and Online Safety: An International End-of-Year Review
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
Should the GDPR Prohibit AI?
The European Data Protection Board’s (EDPB) Nov. 5 stakeholder consultation on AI models and data protection—organized to gather input for an upcoming Irish Data Protection Commission opinion under Article 64(2) of the General Data Protection Regulation (GDPR)—showcased significant lingering disagreement on how the GDPR should apply to AI. While the event was not intended to ... Should the GDPR Prohibit AI?
Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The U.S. Justice Department (DOJ) has proposed remedies to a federal judge who held that Google illegally monopolized web search. In reviewing the DOJ’s recommendations, the judge should take into account the downsides of particular remedies, as well as their potential benefits. The judge should be careful not to impose remedies that could reduce innovation ... Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The View from Japan: A TOTM Q&A with Sayako Takizawa
Sayako, could you please tell us a bit about your background and area of specialization? I’m a professor at the University of Tokyo, teaching Japanese competition law and policy. How did you become interested in competition law and digital-competition regulation? I’ve been interested in the dynamics and history surrounding the regulation of freedom of trade. ... The View from Japan: A TOTM Q&A with Sayako Takizawa
The Cookie Plan Crumbles: Stuck in the Middle with Google
Google recently announced that it has changed its plans to phase out third-party cookies in the Chrome web browser. The company had previously planned to disable third-party cookies in Chrome, a change supported by many in the privacy-stakeholder community, but which was met with criticism from the adtech industry and competition lawyers. Google’s new plans ... The Cookie Plan Crumbles: Stuck in the Middle with Google
Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)
Among the less-discussed requirements of the European Union’s Digital Markets Act (DMA) is the data-sharing obligation created by Article 6(11). This provision requires firms designated under the law as “gatekeepers” to share “ranking, query, click and view data” with third-party online search engines, while ensuring that any personal data is anonymized. Given how restrictively the ... Google Previews the Coming Tussle Between GDPR and DMA Article 6(11)
Confronting the DMA’s Shaky Suppositions
It’s easy for politicians to make unrealistic promises. Indeed, without a healthy skepticism on the part of the public, they can grow like weeds. In the world of digital policy, the European Union’s Digital Markets Act (DMA) has proven fertile ground for just such promises. We’ve been told that large digital platforms are the source ... Confronting the DMA’s Shaky Suppositions
Does the DMA Let Gatekeepers Protect Data Privacy and Security?
It’s been an eventful two weeks for those following the story of the European Union’s implementation of the Digital Markets Act. On April 18, the European Commission began a series of workshops with the companies designated as “gatekeepers” under the DMA: Apple, Meta, Alphabet, Amazon, ByteDance, and Microsoft. And even as those workshops were still ... Does the DMA Let Gatekeepers Protect Data Privacy and Security?
EU’s Cybersecurity Draft Shifts Toward Hard Protectionism
A year ago, we cautioned that the EU Cybersecurity Certification Scheme for Cloud Services (EUCS) threatened to embed ill-conceived economic protectionism into the EU’s cybersecurity rules. And, indeed, the European Commission, which has made clear its commitment to pursue “digital sovereignty” for the European Union, can claim some preliminary successes on that front. A recent ... EU’s Cybersecurity Draft Shifts Toward Hard Protectionism
The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation
The Biden administration’s Oct. 30 “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” proposes to “govern… the development and use of AI safely and responsibly” by “advancing a coordinated, Federal Government-wide approach to doing so.” (Emphasis added.) This “all-of-government approach,” which echoes the all-of-government approach of the 2021 “Executive ... The Biden Executive Order on AI: A Recipe for Anticompetitive Overregulation
