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[…] use, and disclosure practices of the operator with respect to personal information ; and ( B) before the personal information of the child or teen is collected, freely and unambiguously authorizes — (i) the collection, use, and disclosure, as applicable, of that the personal information ; and 6 (ii) the any subsequent use of […]

[…] our congressional testimony, FPF considers that the typical regulatory course is to be silent about fees between business parties, which can be addressed via contract and the free market. However, FPF recognizes the unique challenges raised in the open banking context since the data provider holds the information needed by the consumer and third […]

[…] the means to reasonably identify the individuals: if they do not process personal data, the GDPR does not apply.  On the other hand, pseudonymization is not a free pass. A dataset may still qualify as personal data: (1) if the recipient has reasonable means to re-identify the individual; (2) for the controller who holds […]

[…] heightened risk of harm to a consumer. C.R.S. § 6-1-1309(1). Where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons. Art. 35(1). DPAs are required where processing activities pose some heightened risk of harm. A key difference between these regulations is whether that […]

[…] Senior Director of U.S. Legislation, Future of Privacy Forum AUTHORS Thanks to Bridget Egan for her research contributions. ACKNOWLEDGEMENTS All FPF materials that are released publicly are free to share and adapt with appropriate attribution. Learn more . 3 Table 1. Legislative Outcomes for State AI Bills Overview of the 210 industry-focused AI bills […]

[…] Senior Director of U.S. Legislation, Future of Privacy Forum AUTHORS Thanks to Bridget Egan for her research contributions. ACKNOWLEDGEMENTS All FPF materials that are released publicly are free to share and adapt with appropriate attribution. Learn more . The Future of Privacy Forum’s (FPF) report, The State of State AI: Legislative Approaches to AI […]

[…] including subscription-based and enterprise pricing models. As personalized AI systems increasingly replace, or are integrated into, online search, they will impact online content that has largely been free and ad-supported since the early Internet. However, it is not clear that personalized AI systems can, or should, adopt compensation strategies that follow the same historical […]

[…] 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-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 […]