Showing 9 of 176 Publications in Data Security & Privacy

Gus Hurwitz on Children’s Online Privacy

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss the Federal Trade Commission’s (FTC) recent settlement with . . .

ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss the Federal Trade Commission’s (FTC) recent settlement with Amazon of a claim regarding children’s privacy, as well as separate FTC efforts to rewrite its 2019 consent decree with Meta over children’s advertising and services.

Other topics included Amazon settling another FTC  complaint over security failings at its Ring doorbell operation; Microsoft losing a data protection case in Ireland; and whether automated tip suggestions should be condemned as “dark patterns.”

The full episode is embedded below.

Continue reading
Data Security & Privacy

Antitrust at the Agencies Roundup: Pruning the Data Tree Edition

TOTM In my last roundup, I puzzled over the Federal Trade Commission’s (FTC) suit to block Amgen’s acquisition of Horizon Therapeutics. The deal involved no product overlaps . . .

In my last roundup, I puzzled over the Federal Trade Commission’s (FTC) suit to block Amgen’s acquisition of Horizon Therapeutics. The deal involved no product overlaps whatsoever (i.e., no horizontal competition), a target firm acknowledged to have no competitors for the orphan drugs at issue, and nobody poised to enter into competition either.

I won’t recapitulate the details of my confusion here, but I will point to a new piece by Bill MacLeod (a past chair of the American Bar Association’s Antitrust Section and a former FTC bureau director) and David Evans, in which they raise an issue I didn’t cover: “The Federal Trade Commission may have filed the first merger complaint in a generation that could be dismissed for failure to state a claim.” Which would not look good.

Read the full piece here.

Continue reading
Antitrust & Consumer Protection

Ireland’s Massive Fine Against Meta Could Erode Trust In EU Law

Popular Media The €1.2 billion fine that the Irish Data Protection Commission (DPC) against Meta marks a new record for violation of the EU’s General Data Protection . . .

The €1.2 billion fine that the Irish Data Protection Commission (DPC) against Meta marks a new record for violation of the EU’s General Data Protection Regulation (GDPR), but it is the DPC’s order that the company to shut off its transatlantic flow of user data that will have the most far-reaching consequences for international trade, privacy policy, and the rule of law.

Read the full piece here.

Continue reading
Data Security & Privacy

Florida’s Senate Bill 262 Will Harm Consumers and Small Businesses Online

Popular Media While it bills itself a “Digital Bill of Rights,” the Florida Senate Bill 262 could actually harm consumers and businesses online by substantially raising the . . .

While it bills itself a “Digital Bill of Rights,” the Florida Senate Bill 262 could actually harm consumers and businesses online by substantially raising the costs of targeted advertising.

For consumers, this would mean less “free” stuff online, as publishers switch from advertising-based to subscription-based models. For businesses, it would mean having less ability to target advertisements to consumers who actually want their products, resulting in less revenue.

Read the full piece here.

Continue reading
Data Security & Privacy

Mikołaj Barczentewicz on the Digital Markets Act and Digital Services Act

Presentations & Interviews In an appearance on the Mobile Dev Memo podcast, ICLE Senior Scholar Miko?aj Barczentewicz outlines the legal impact of the EU’s Digital Markets Act and . . .

In an appearance on the Mobile Dev Memo podcast, ICLE Senior Scholar Miko?aj Barczentewicz outlines the legal impact of the EU’s Digital Markets Act and Digital Services Act, with specific attention paid to the digital-advertising market. He also discusses the latest news related to Meta’s recent fine by the Irish DPC for using first-party data without consent to empower personalized advertising, as well as the temporary ban that the Italian DPA enforced on OpenAI’s ChatGPT. The full episode is embedded below.

Continue reading
Data Security & Privacy

Keeping Data Flowing Is in India’s Interest

Popular Media Mandates to restrict the flow of data across national boundaries have taken hold in a growing number of jurisdictions, including India. Spearheaded by nations like . . .

Mandates to restrict the flow of data across national boundaries have taken hold in a growing number of jurisdictions, including India. Spearheaded by nations like China, Iran, and Russia, the idea has vocal proponents among those who claim it will forward the goal of “digital sovereignty.”

Read the full piece here.

Continue reading
Data Security & Privacy

Mikołaj Barczentewicz on EU Data Privacy Law

Presentations & Interviews ICLE Senior Scholar Miko?aj Barczentewicz was a guest on the Mobile Dev Memo podcast to discuss the recent spate of European Union decisions related to . . .

ICLE Senior Scholar Miko?aj Barczentewicz was a guest on the Mobile Dev Memo podcast to discuss the recent spate of European Union decisions related to digital privacy. The full episode is embedded below.

Continue reading
Data Security & Privacy

Regulating Artificial Intelligence and Machine Learning

Scholarship Abstract Artificial Intelligence (“AI”) and machine learning (“ML”) have the potential to create breakthrough advances in a range of industries, but they also raise novel . . .

Abstract

Artificial Intelligence (“AI”) and machine learning (“ML”) have the potential to create breakthrough advances in a range of industries, but they also raise novel legal, ethical, and privacy questions that will likely define the next era of technological advancement. Over the last several years, there has been a flurry of AI- and ML-related regulations and guidance issued by international bodies, governments, and regulators seeking to mitigate the risks posed by AI and ML, especially when these technologies are used to make important decisions related to employment or healthcare. Given the proliferation of these technologies across various industries, more regulation is likely to come. Organizations with AI and ML-based products and services should understand and consider how existing laws apply to them, as well as how the changing regulatory landscape may impact their business plans going forward. In this article, we discuss the differing approaches to regulating AI and ML in Europe and at the federal and state levels in the United States and the best practices for building compliance.

Continue reading
Data Security & Privacy

Gus Hurwitz on the Chinese Spy Balloon

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss, among other topics: the electronic surveillance capabilities of the . . .

ICLE Director of Law & Economics Programs Gus Hurwitz was a guest on The Cyberlaw Podcast to discuss, among other topics: the electronic surveillance capabilities of the downed Chinese spy balloon; the brief but pointed calls for antitrust and data privacy reform in President Joe Biden’s State of the Union address; the Federal Trade Commission’s (FTC) recent loss in court on its challenge to Meta’s acquisition of Within; and other issues that may be on the horizon for FTC enforcement later this year. The full episode is embedded below.

Continue reading
Data Security & Privacy