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Full-Text Articles in Law
The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger
The Business Of Ai Startups, James Bessen, Stephen Michael Impink, Robert Seamans, Lydia Reichensperger
Faculty Scholarship
New machine learning techniques have led to an acceleration of “artificial intelligence” (AI). Numerous papers have projected substantial job losses based on assessments of technical feasibility. But what is the actual impact? This paper reports on a survey of commercial AI startups, documenting rich detail about their businesses and their impacts on their customers. These firms report benefits of AI that are more often about enhancing human capabilities than replacing them. Their applications more often increase professional, managerial, and marketing jobs and decrease manual, clerical, and frontline service jobs. These startups sell to firms of different sizes, in different industries …
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Technology Regulation By Default: Platforms, Privacy, And The Cfpb, Rory Van Loo
Faculty Scholarship
In the absence of a technology-focused regulator, diverse administrative agencies have been forced to develop regulatory models for governing their sphere of the data economy. These largely uncoordinated efforts offer a laboratory of regulatory experimentation on governance architecture. This symposium essay explores what the Consumer Financial Protection Bureau (CFPB) has done in its first several years to regulate financial technology (“fintech”), in the context of broader technology-related concerns identified in the literature. It begins with a survey of what the CFPB has undertaken using more traditional administrative agency tools—enforcement and rulemaking—in areas such as privacy, consumer control over data, and …
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Tiffany Li, Eduard Fosch Villaronga, Peter Kieseberg
Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Tiffany Li, Eduard Fosch Villaronga, Peter Kieseberg
Faculty Scholarship
To understand the Right to be Forgotten in context of artificial intelligence, it is necessary to first delve into an overview of the concepts of human and AI memory and forgetting. Our current law appears to treat human and machine memory alike – supporting a fictitious understanding of memory and forgetting that does not comport with reality. (Some authors have already highlighted the concerns on the perfect remembering.) This Article will examine the problem of AI memory and the Right to be Forgotten, using this example as a model for understanding the failures of current privacy law to reflect the …
The Case Against Idealising Control, Woodrow Hartzog
The Case Against Idealising Control, Woodrow Hartzog
Faculty Scholarship
Seemingly everyone, from scholars, industry, and privacy advocates to lawmakers, regulators, and judges seems to have settled on the idea that the key to privacy is control over personal information. But in practice, there is only so much a person can do. Control is far too precious and finite of a concept to meaningfully scale. It will never work for personal data mediated by technology.
Now we have an entire empire of data protection built around the crumbling edifice of control. The idealisation of control in modern data protection regimes like the GDPR and the ePrivacy Directive creates a pursuit …