PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Privacy and AI Law in 2025

Originally posted on Substack We’ve now closed the books on 2025, so it’s time to review what happened in privacy law over the past year. At first glance, it seems like a quiet year (no new state consumer privacy laws) but quite a lot happened. Many smaller things, but they really add up. Here’s a […]

AI Companies Should Have Information Fiduciary Duties

Nita Farahany (Duke Law) recently made a great point: “Your doctor has a fiduciary duty to you. ChatGPT doesn’t.” She discusses how people are increasingly turning to AI to serve as a kind of virtual doctor. OpenAI and Anthropic recently launched features where their chatbots can analyze a person’s medical records and provide personalized medical advice. She […]

Privacy and AI Deregulation Will Be Bad for Innovation

Originally posted on Substack Unfortunately, the EU might be falling for the delusion that rolling back tech regulation will result in AI suddenly sprouting from its soil. It’s magical thinking that taking a few whacks at the GDPR and AI Act will somehow conjure up AI. I see it as more akin to pulling out […]

VIDEO: Is Online Scraping Legal?

Daniel Solove and Woodrow Hartzog discuss their article, The Great Scrape: The Clash Between Privacy and Scraping, 113 Cal. L. Rev. 1521 (2025). They argue that scraping, which is essential for AI, is inconsistent with nearly all core privacy principles in privacy laws. Is there a way to reconcile scraping and privacy?

What’s New in Privacy and AI Law?

Originally posted on Substack Privacy and AI law haven’t been sitting still; there have been many new developments. Recently I had a discussion with Jodi Daniels (Red Clover Advisors) about what has been happening. Here is an excerpt from the interview. Click here to view the full discussion.

Cartoon – Online Scraping

Cartoon - AI Scraping - TeachPrivacy Training 02

My new cartoon about online scraping. If you want to learn more about my thoughts on scraping, please download (free) my article with Professor Woodrow Hartzog, The Great Scrape: The Clash Between AI Scraping and Privacy, 113 California Law Review 1521 (2025). Also, please tune in to my upcoming online discussion with Professor Hartzog: Is […]