Category Archives: Defamation and Privacy
Lidsky and Daves, ‘Inevitable Errors: Defamation by Hallucination in AI Reasoning Models’
ABSTRACT Over the last millennium, defamation law has adapted to many new information technologies, including the printing press, the telegraph, and the internet. Now, defamation law must adapt to the challenges presented by generative artificial intelligence, and specifically the propensity of Large Language Models to produce defamatory hallucinations. In this article, we unite the lessons […]
‘Two Frameworks for Employee Data Empowerment’
Veena Dubal, ‘Data Laws at Work’, 134 Yale Law Journal Forum 405 (2025); Ifeoma Ajunwa, ‘AI and Captured Capital’, 134 Yale Law Journal Forum 372 (2025). The Yale Law Journal Forum recently hosted a collection of essays under the rubric of ‘Reimagining and Empowering the Contemporary Workforce’. Two of these works deal specifically with the […]
Raymond Yang Gao, ‘Forum Shifting to Regulate Data Privacy: The Creation and Evolution of EU Data Protection Law’
ABSTRACT Currently, the European data privacy regime has become one of the most influential legal frameworks regulating data privacy protection and cross-border personal data transfers. Despite a burgeoning body of scholarship on EU data protection law, the questions of why and how the EU adopted this regulatory approach remain understudied. Contrary to conventional wisdom, European […]
‘SLAPPS: past, present and future’
On 4 July 2025, one year to the day since the last general election, Conservative MP Greg Stafford’s SLAPP Bill came up for its second reading in the House of Commons. The House ran short on time to debate it (unsurprisingly given it was eighth on the list of bills up for consideration in that […]
Gianclaudio Malgieri, ‘Scalable Fairness’
ABSTRACT Can the principle of fairness serve as a scalable legal tool for enforcing fundamental rights horizontally against powerful digital platforms? This paper explores how fairness duties should be directly proportional to power imbalances in the digital economy, where a few private actors – Big Tech in particular – act as de facto gatekeepers of […]
Yücedağ, Akkanat Öztürk and Aşıkoğlu, ‘Pay or Consent Models in Europe: Already Outdated or an Overlooked Crisis in Freely Given Consent?’
ABSTRACT The transition from free digital services to paid models has sparked significant debate, particularly concerning the Pay or Consent model which allows users to either pay for services or consent to data processing. This study examines the model’s compliance with the requirement of freely given consent under data protection laws, focusing on decisions and […]
‘Block on Defamation’
I’ve always been against defamation law (libel, slander, etc). I assumed it was the plumbline libertarian position, even though many libertarians and most Objectivists seem to favor reputation rights. As I wrote in ‘Defamation as a Type of Intellectual Property’: … (more) [StephanKinsella.com, 14 July 2025]
‘Reforming the GDPR – Dilution or Progress?’
After a surge of new digital legislation over the past two years, the European Commission appears to have no intention of easing its pace in reshaping Europe’s regulatory landscape – whether for better or worse. Its current agenda includes not only the potential reopening of the AI Act, but also a reform of the GDPR […]
Serban and Tataru, ‘The Influence of General Data Protection Regulation on Patient Engagement’
ABSTRACT The new European General Data Protection Regulation – also known as GDPR – has raised the awareness among the private business entities regarding the protection of data subjects and the usage of personal data in their trade operations. In the present study, we aim at identifying and assessing the impact the new Regulation mainly […]
‘The Defamation (Amendment) Bill fails to protect public interest speech by providing inadequate protections against SLAPPs’
Irish Legal News reports that the current Irish bill on SLAPPs will be ‘impotent in practice’. SLAPPs are strategic lawsuits against public participation that suppress free speech, and the Irish Legal News report goes on to explain that the government’s current inadequate plans to tackle them ‘could see Ireland hauled before the EU courts’. It […]