So-called ‘AI’ is a derivative of a surveillance business model that allows Big Tech to provide extrajudicial surveillance services for both civil and military purposes. In countries where such generalised and pervasive surveillance is banned, Big Tech has spread a family of narratives – including the myths of technological exceptionalism and legal vacuum – to evade the law and continue to distribute outlawed products. Regulatory capture has produced the AI Act, under which fundamental rights can be violated with impunity as long as there is no foreseeable harm. So Big Tech’s next target is any norm that still protects fundamental rights. Thus, the narrative of an alleged legal vacuum is now replaced by a narrative that, under the pretext of ‘regulatory certainty’ and vague appeals to competitiveness and so-called ‘innovation’, aims to wipe out those regulations that, like the GDPR, still stand in defence of fundamental rights. It is therefore no coincidence that an open letter from major tech companies and Mario Draghi’s report, The future of European competitiveness, almost simultaneously call for the removal of those parts of regulation – such as certain provisions of the GDPR – on whose systematic violation Big Tech’s business model relies. The attacks on the GDPR are sneaky attacks on the fundamental rights that the GDPR protects, not attacks on the alleged obstacles that stifle innovation.

GDPR could protect us from the AI Act. That's why it's under attack

tafani
2024-01-01

Abstract

So-called ‘AI’ is a derivative of a surveillance business model that allows Big Tech to provide extrajudicial surveillance services for both civil and military purposes. In countries where such generalised and pervasive surveillance is banned, Big Tech has spread a family of narratives – including the myths of technological exceptionalism and legal vacuum – to evade the law and continue to distribute outlawed products. Regulatory capture has produced the AI Act, under which fundamental rights can be violated with impunity as long as there is no foreseeable harm. So Big Tech’s next target is any norm that still protects fundamental rights. Thus, the narrative of an alleged legal vacuum is now replaced by a narrative that, under the pretext of ‘regulatory certainty’ and vague appeals to competitiveness and so-called ‘innovation’, aims to wipe out those regulations that, like the GDPR, still stand in defence of fundamental rights. It is therefore no coincidence that an open letter from major tech companies and Mario Draghi’s report, The future of European competitiveness, almost simultaneously call for the removal of those parts of regulation – such as certain provisions of the GDPR – on whose systematic violation Big Tech’s business model relies. The attacks on the GDPR are sneaky attacks on the fundamental rights that the GDPR protects, not attacks on the alleged obstacles that stifle innovation.
2024
Tafani, Daniela
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11568/1275127
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