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Artificial Intelligence: Legal Issues, Policy, and Practical Strategies
Across the globe, enforcers and legislators are taking on digital platforms with lawsuits and proposals to force proprietary marketplaces to provide unrestricted access to platform functions or data.
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Closed Captioned.
Regardless of jurisdiction, the inherent tension between privacy and pure competition is pronounced in the online space and complicates lawsuits brought under current law as well as policy ideas that would expand antitrust or competition liability. For example, France ultimately withdrew a competition challenge to Apple's App Tracking Transparency feature due to its privacy-protective effect and the United States recently sent a letter to the European Commission raising serious cybersecurity concerns with its Digital Market Act (DMA) proposal. These illustrations suggest that decisionmakers are recognizing the competitive value of security and privacy. On the other hand, many proposals in Congress and elsewhere directly prohibit security and privacy measures platforms offer consumers, forcing policymakers to directly weigh competition considerations against privacy and security. The panel will discuss how policymakers are dealing with these sometimes-competing goals, drawing on recent examples from around the world.
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