On the Right to Obscurity
Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into o…
Privacy
Data Privacy and Foundation Models: Can We Have Both?
This brief examines the privacy risks foundation models pose to individuals and society, and governance mechanisms needed to address them. Key Takeaways * F…
Blog
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Applying Federal Digital Communications Privacy Law to Hosted AI Models
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
Big tech is hungry for consumer data. Mass. needs privacy legislation now
Tech companies openly admit we are entering a new phase of AI-powered surveillance. One billionaire tech founder claims AI will be “constantly watching and reco…
Beyond Digital Pessimism: How a Focus on Trust Can Enhance EU Digital Law
Over the past decade, the European Union (EU) has enacted a series of high-profile regulations and directives aimed at governing the digital environment. From t…
Youth Privacy's Constitutional Reckoning
Youth privacy law today shares the logics and pathologies of the U.S. Supreme Court's jurisprudence about parental rights over children. We argue that this…
Jen King's Testimony Before the U.S. House Committee on Energy and Commerce Oversight and Investigations Subcommittee
In this testimony presented to the U.S. House Committee on Energy and Commerce’s Subcommittee on Oversights and Investigations hearing titled “Innovation with…
User Privacy and Large Language Models: An Analysis of Frontier Developers' Privacy Policies
Hundreds of millions of people now regularly interact with large language models via chatbots. Model developers are eager to acquire new sources of high-quality…
Press
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Be Careful What You Tell Your AI Chatbot
A Stanford study reveals that leading AI companies are pulling user conversations for training, highlighting privacy risks and a need for clearer policies. Las…
Recognize this? A spectrum of biometric identification
My dog recognizes me. From across a dog park full of people throwing balls and calling their pups, Spot never fails. She uses the poor eyesight, good hearing an…
Press
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Newly unsealed warrant shows search of fired IU professor's homes part of federal funding fraud investigation
The unsealed records show that the agents searching Wang's homes were looking for funding applications, including drafts, and submissions to the National Sc…
What Europe’s Digital Services Act Says About Age Assurance
The Digital Services Act (DSA) establishes a wide regulatory framework applicable to intermediary services and particularly online platforms in the European Uni…