March 1, 2022
Issue Brief: The EU Artificial Intelligence Act
As currently drafted, the text of the EU's proposed Artificial Intelligence Act would define virtually all software as AI.
Resources: Scholarship & Data Security & Privacy
February 2, 2022
In Harm's Way: Why Online Safety Regulation Needs an Independent Reviewer
The attached was originally published by the Institute of Economic Affairs. Summary The draft Online Safety Bill presents a significant threat to freedom of speech, privacy, and innovation. "Safety" has…
January 24, 2022
Privacy and Security Implications of Regulation of Digital Services in the EU and in the US
Written for the Transatlantic Technology Law Forum (TTLF) Working Paper Series, ICLE Senior Scholar Mikołaj Barczentewicz assesses privacy and security risks raised by U.S. and EU legislative proposals to regulate digital platforms.
October 7, 2021
Issue Brief: The Great Transatlantic Data Disruption
A new issue brief published jointly by ICLE and the Progressive Policy Institute looks at looming threats to transatlantic data flows between the U.S. and EU that power an estimated $333 billion in annual trade of digitally enabled services.
September 10, 2020
Data Portability and Interoperability
While data portability may seem like an attractive option in certain markets, experience suggests it is not simple to impose even in cases where the trade-offs seem small.
April 30, 2020
Trust the Process: How the National Emergency Act Threatens Marginalized Populations and the Constitution—And What to Do About It
When Congress expands executive power for purposes of protecting the nation against an emergency—whether real or imagined—that power is often turned against vulnerable, marginalized populations that are easily scapegoated as threats to the state.
January 1, 2019
When “Reasonable” Isn’t: The FTC’s Standard-less Data Security Standard
Although the FTC is well-staffed with highly skilled economists, its approach to data security is disappointingly light on economic analysis. The unfortunate result of this lacuna is an approach to these complex issues lacking in analytical rigor and the humility borne of analysis grounded in sound economics.
January 1, 2016
Data Regulation and its Effect on Business Models & Corporate Organization
Regulatory and legal approaches that make the collection and use of data more expensive along certain dimensions must, at least marginally, induce some companies to alter their behavior to avoid those costs...
June 14, 2015
The Problems and Perils of Bootstrapping Privacy and Data into Antitrust
Increasingly, people use the internet to connect with one another, access information, and purchase products and services. Along with the growth in the online marketplace have come concerns...