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“Personality vs. Personalization” in AI Systems: Intersection with Evolving U.S. Law (Part 3)
[…] through user-generated input. For example, a 2015 claim against Snap, Inc. survived Section 230 dismissal following a claim that a specific “Speed Filter” Snapchat feature (since discontinued) promoted reckless driving. In other cases, the personalization of a system through demographic-based targeting that causes harm may also implicate tort and product liability law when organizations […]

“Personality vs. Personalization” in AI Systems: Specific Uses and Concrete Risks (Part 2)
[…] personality-like features, whether it is a specific voice mode, or a consistent persona, or even a range of “AI companions.” Even if companion-like personalities are not directly promoted as features, users can build them using system prompts and customized design; an early 2023 feature of OpenAI enabled users to create custom GPTs. Figure 3 […]

“Personality vs. Personalization” in AI Systems: An Introduction (Part 1)
Conversational AI technologies are hyper-personalizing. Across sectors, companies are focused on offering personalized experiences that are tailored to users’ preferences, behaviors, and virtual and physical environments. These range from general purpose LLMs, to the rapidly growing market for LLM-powered AI companions, educational aides, and corporate assistants. There are clear trends among this overall focus: towards […]

A Price to Pay: U.S. Lawmaker Efforts to Regulate Algorithmic and Data-Driven Pricing
[…] bills contain such exemptions—legislation might still inadvertently capture other accepted practices such as specials aligned with seasonal changes, bulk purchase discounts, deals on goods nearing expiration, or promotions to clear inventory. Lawmakers must also consider how any new definitions interact with definitions in existing law. For example, an early version of California AB 446, […]

Nature of Data in Pre-Trained Large Language Models
The following is a guest post to the FPF blog by Yeong Zee Kin, the Chief Executive of the Singapore Academy of Law and FPF Senior Fellow. The guest blog reflects the opinion of the author only. Guest blog posts do not necessarily reflect the views of FPF. The phenomenon of memorisation has fomented significant […]

Vermont and Nebraska: Diverging Experiments in State Age-Appropriate Design Codes
In May 2025, Nebraska and Vermont passed Age-Appropriate Design Code Acts (AADCs), continuing the bipartisan trend of states advancing protections for youth online. While these new bills arrived within the same week and share both a common name and general purpose, their scope, applicability, and substance take two very different approaches to a common […]

Amendments to the Montana Consumer Data Privacy Act Bring Big Changes to Big Sky Country
[…] impact on, a minor; (b) financial, physical, or reputational injury; (c) unauthorized disclosure of personal data as a result of a security breach (as described in Mont. Code Ann. § 30-14-1704); or (d) intrusion upon the solitude or seclusion or private affairs or concerns of a minor, whether physical or otherwise, that would be offensive […]

The Curse of Dimensionality: De-identification Challenges in the Sharing of Highly Dimensional Datasets
[…] values are replaced with broader, less precise categories. Examples include replacing an exact birth date with just the birth year or an age range, a specific ZIP code with a larger geographic area, or a specific occupation with a broader job category. This is a core technique used to achieve k-anonymity. While it reduces […]

Little Rock, Minor Rights: Arkansas Leads with COPPA 2.0-Inspired Law
[…] The passage of Arkansas COPPA 2.0 may signal an emerging trend towards a potentially more constitutionally resilient approach to protecting children and teens online. Unlike age-appropriate design codes or social media age verification mandates, which have faced significant First Amendment challenges, Arkansas COPPA 2.0 takes a more targeted approach focused on privacy and data […]

Minding Mindful Machines: AI Agents and Data Protection Considerations
Thank you for the contributions of Rob van Eijk, Marlene Smith, and Katy Wills We are now in 2025, the year of AI agents. In the last few weeks, leading large language model (LLM) developers (including OpenAI, Google, Anthropic) have released early versions of technologies described as “AI agents.” Unlike earlier automated systems and even […]