PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Privacy and AI Deregulation is the Wrong Answer

Privacy and AI Deregulation is the Wrong Answer

Recently, we’ve been witnessing the rapid spread of a deregulatory movement for privacy and AI. Spurred in significant part by the Trump Administration, the U.S. has started to deregulate technology. The EU has caught the virus and has been contemplating weaking its regulation as well. As Luiza Jarovsky notes, some policymakers in the EU are aiming to “simplify” the GDPR and are increasingly being lured by the siren cries of tech companies complaining about EU regulation. For example, the Draghi Report (Sept. 2024) complains that EU privacy and AI regulations “create the risk of European companies being excluded from early AI innovations” and recommends “light-handed rules.” In a terrific piece, Europe Could Lose What Makes It Great, Anu Bradford, R. Daniel Kelemen, and Tommaso Pavone fear that “the EU seems poised to trade away its leverage as a global regulatory superpower.”

AI Companies – Please Regulate Us . . . Actually, Please Don’t

In 2023, AI company CEOs welcomed regulation. They wanted to ameliorate concerns that AI was developing so quickly and recklessly. But now, their true colors have been revealed. Now that the winds have shifted toward deregulation, these companies have changed their tune. Like nearly all companies, they never really wanted to be regulated; they just wanted to create the illusion that were being responsible and the mirage that there were guardrails.

When the AI companies initially called for regulation, I wasn’t fooled, and so I created a cartoon.

Cartoon AI CEO Regulate - TeachPrivacy Training

Continue Reading

Debunking the Privacy Myths – Free Excerpt from ON PRIVACY AND TECHNOLOGY

On Privacy and Technology - Myths 01

I’ve posted free on SSRN an excerpt from my new book, ON PRIVACY AND TECHNOLOGY.  The excerpt debunks the myths that impede effective privacy regulation.

Download Button

If you’re interested in reading the whole book, you can buy at at the following places:

Continue Reading

Privacy in 2025

Privacy in 2025

Discover what’s next for privacy in 2025! Here are some resources on future privacy laws during potential political changes.

Divider 01

Webinar: GDPR Enforcement, Trump 2.0,

and Max Schrems

Webinar - GDPR Enforcement Trump 2.0 Max Schrems 02 JPG

In this webinar, I discuss the future of EU-US data transfers amid US political changes, GDPR enforcement, and class actions in the EU with Max Schrems.

Continue Reading

Webinar – Privacy, DOGE, and Trump 2.0 Blog

Webinar - Privacy, DOGE, and Trump 2.0 Blog

In this webinar, Daniel Solove talks with Mark Lemley, Mario Trujillo and Alexandra Reeve Givens about privacy law issues involved with DOGE and Trump Administration activities.

Speakers include:

Button Watch Webinar 02
Continue Reading

Quotes from On Privacy and Technology

On Privacy and Technology - Selected Quotations

My new book, ON PRIVACY AND TECHNOLOGY, discusses my reflections on 25 years of studying privacy and how privacy law and policy need a radical rethink to protect privacy in today’s age of AI.

My book addresses a key question for our times: Can privacy law keep up with rapidly changing digital technologies, such as AI? 

I argue that the law can do so, but it must stop putting the onus on individuals to manage their privacy. In the digital age, individuals can’t protect themselves and can’t control their data. Policymakers must stop treating technology differently from everything else. Instead, they must hold the creators and users of technology accountable.

We’re now facing a deregulatory turn with technology, and my book pushes back: We need more regulation, not less. But the regulation must take a radically new direction.

Below, I am sharing a few key quotations from the book.

QUOTE On Privacy and Technology - Solove 06 JPG

Continue Reading

Webinar: GDPR Enforcement, Trump 2.0, and Max Schrems Blog

Webinar - GDPR Enforcement Trump 2.0 Max Schrems 02 JPG

In this webinar, Professor Daniel Solove discusses with Max Schrems the future of EU-US data transfers in light of the Trump Administration’s actions regarding the PCLOB and the authoritarian turn in the US government.  The discussion also includes GDPR enforcement and class actions in the EU.

Speakers include:

Button Watch Webinar 02

Continue Reading

Webinar: State Privacy Legislation 2.0 Blog

In this webinar, Professor Daniel Solove discusses with Representative Monique Priestley (Vermont Legislature) the future direction of state privacy laws. Should state privacy laws continue to follow the traditional model? Should they take a data minimization approach? Should they include private rights of action? Additionally, the discussion will explore the practical realities of the state legislative process.

Speakers include:

Button Watch Webinar 02

Continue Reading

Review of On Privacy and Technology by Kirkus Reviews

ON PRIVACY AND TECHNOLOGY Kirkus Reviews

I’m very pleased about the review of my new book, ON PRIVACY AND TECHNOLOGY, by Kirkus Reviews: 

Solove reflects on the challenges posed by technology to privacy.

According to the author, a law professor specializing in intellectual property, the “dizzying pace of changing technologies” constitutes a profound challenge to the protection of privacy, one that largely has not been met with an adequate response. In the European Union, the General Data Protection Regulation of 2016 is a “grand achievement” and a “terrific law,” per Solove, but it still does not do enough, and the many laws around the globe modeled upon it are considerably less effective. At the heart of the problem, the author argues with an impressive blend of provocation and prudence, is a lot of muddled thinking about privacy—more specifically, the employment of metaphors that confuse rather than clarify. (For example, artificial intelligence is simply not intelligence—it’s just a lot of “math plus data.”) Moreover, contrary to the dystopian narrative famously proposed by George Orwell in 1984, the author observes that the surveillance of individuals is rarely noticed, and almost no one feels inhibited by it. In fact, Solove posits, the entire discussion about privacy is usually misconceived, and his searching treatise aims to set clear parameters for future debate. Ultimately, the author contends that protecting privacy is really about power: “The law can naively hope that virtue or restraint will do the work of regulation, that organizations will just do the right thing, that the lion will lay down with the lamb. In reality, however, power rarely yields to anything except power.” Solove is the Eugene L. and Barbara A. Bernard Professor of Intellectual Property and Technology Law at the George Washington University Law School, and his expertise is beyond reproach. He’s been thinking about this important issue for a quarter century, and as a result his reflections achieve an admirable depth. For such a brief study—the book is not much longer than 100 pages—an extraordinary expanse of intellectual territory is traversed with rigor and subtlety.

A stimulating overview of one of the central issues of our time.

 

Order
ON PRIVACY AND TECHNOLOGY


Continue Reading

ON PRIVACY AND TECHNOLOGY – Video Trailer

ON PRIVACY AND TECHNOLOGY Video Trailer

I recently released a trailer for my new book, On Privacy and Technology.

Can law protect privacy and keep pace with new technologies, especially AI? The oft-heard answer is no – the law is too slow; policymakers lack sufficient expertise to regulate technology; and regulation will stifle innovation. In my short and accessible book, I argue that these views are wrong. There are effective ways to regulate technology, and they involve reigning in the power of Big Tech and holding companies accountable for the harms they cause.

Learn more about my new book in this video trailer.

 

Order
ON PRIVACY AND TECHNOLOGY


Continue Reading