What’s next? The EU Commission is expected to present the proposal on 19 November. Then the EU Parliament and Member States get their say. This will decide how far “legitimate interest” can go and how much control users really keep. 10/10
#TwitchLawyer #GDPR #AI
For gamers, streamers and creators that means more of your content, voice and behaviour data can be fed into AI systems by default. Opt-outs get weaker, transparency fuzzier – and you learn you’re “in the training mix” when models are already live. 9/10
#TwitchLawyer #GDPR #AI
This isn’t just theory. If “legitimate interest” becomes the default for AI, it shapes how (e.g.) game platforms, streaming sites and socials train on gameplay, VODs, clips, chats and DMs – from moderation to recommendations to generative tools. 8/10
#TwitchLawyer #GDPR #AI
Interest groups talk about “rollback” and “death by a thousand cuts” of the GDPR. Academics warn about clashes with CJEU case law and the EU Charter. Politically it’s sold as red-tape cutting while quietly rewriting AI and tracking rules. 7/10
#TwitchLawyer #GDPR #AI
There *are* improvements: harmonised DPIA templates, clearer lists for when impact assessments are needed, plus promises of more transparency and a stronger right to object. Critics see this mainly as risk of more paperwork, not more power for users. 6/10
#TwitchLawyer #GDPR #AI
At the same time, the draft narrows what counts as “personal” and “sensitive” data. Pseudonymous IDs, logs and some inferences may fall outside the stricter rules. For AI pipelines built on ad IDs and profiles, that’s a downgrade. 5/10
#TwitchLawyer #GDPR #AI
That nudges the default. Today you only touch sensitive data if it’s strictly necessary and fits a narrow exception. Under the Omnibus logic it’s easier to say: “we couldn’t realistically strip this data out without breaking the AI”. 4/10
#TwitchLawyer #GDPR #AI
Big shift for AI: training, testing and running models would be labelled a “legitimate interest”. That sounds like firms don’t need consent for training on EU data, as long as a balancing test looks OK on paper. 3/10
#TwitchLawyer #GDPR #AI
Officially, the Digital Omnibus is about “simplifying” EU digital law. In reality, the leak goes for core GDPR concepts: what counts as personal data, sensitive data and how strong users’ rights really are. 2/10
#TwitchLawyer #GDPR #AI
The EU is flirting with rolling back parts of the strong privacy rules of the General Data Protection Regulation (GDPR). Leaked drafts of the “Digital Omnibus” would make AI training on personal data easier – and protection weaker. Thread 👇 1/10
#TwitchLawyer #GDPR #AI
Key takeaways: be mindful of lawful acquisition, keep provenance logs, set retention limits, respect EU opt-outs, and expect more licensing. Keep an eye on new US rulings and EU guidance under the AI Act. Thanks for coming to my TED Talk. 10/10
#TwitchLawyer #TechLaw #AI
So outcomes can diverge. In the US, training on lawfully obtained books may be fair use. In the EU, a rightsholder's opt-out can close the door, even if the source copy is lawful. In both systems, pirate sources are a no-no. 9/10
#TwitchLawyer #TechLaw #Copyright #AI
Those EU exceptions don’t bless illegal sources: copying from pirate sites is still unlawful. The EU’s AI Act also expects general-purpose AI providers to have a copyright-compliance policy and to respect rightsholder opt-outs. 8/10
#TwitchLawyer #TechLaw #Copyright #AI
Europe works differently. The EU uses Text and Data Mining exceptions. Research bodies may mine works. Commercial users may mine unless rightsholders have issued a machine-readable opt-out. 7/10
#TwitchLawyer #TechLaw #Copyright #AI
The guidance: how you get and keep data matters. Keep provenance (where data came from), avoid retaining unlawful copies, and license content where needed. In short: lawful acquisition plus disciplined retention = very good. 6/10
#TwitchLawyer #TechLaw #AI
Important to note: this is one district-court ruling. It's persuasive, but not binding nationwide (and certainly not globally). On 26 Aug 2025 the parties settled, so there will be no appeal. Still, the opinion offers useful guidance. 5/10
#TwitchLawyer #TechLaw #Copyright #AI
What the judge said: training on lawfully obtained books was fair use, because it's highly transformative and technically necessary to make the AI system work. He treated that separately from an alleged permanent library of pirated books. 4/10
#TwitchLawyer #TechLaw #AI
US basics: “fair use” is an exception to copyright. Courts balance four factors: purpose, nature, amount, and market effect. If the use is transformative and justified, with limited market harm, it can be lawful without permission. 3/10
#TwitchLawyer #TechLaw #AI
The lawsuit: A group of authors said Anthropic copied their books, including from pirate libraries, to build and train large language models. The core questions: is training on those texts allowed, and does it matter how the copies were obtained? 2/10
#TwitchLawyer #TechLaw #AI
I’ve been reading up on AI model training and copyright law. It isn’t my core field, but here’s what I’ve learned from the Authors v. Anthropic case in the US.👇 1/10
#TwitchLawyer #AI #TechLaw #Copyright
Why it matters: if courts can be dragged into the dock over inconvenient rulings, rights become negotiable. Today it’s deportations; tomorrow it could be your business or liberty. Independent courts protect people, not politics. 4/4
#TwitchLawyer #RuleOfLaw #SeparationOfPowers
Courts must stay neutral referees. If the executive can sue judges for their rulings, the bench becomes a political target. You need that blocked, so people get a fair, independent hearing. 3/4
#TwitchLawyer #RuleOfLaw #SeparationOfPowers
Rule of Law 101: powers are separated. Lawmakers make the law; the executive enforces; courts say what the law is and keep the others in check. You don’t sue judges for judging. You appeal. 2/4
#TwitchLawyer #RuleOfLaw #SeparationOfPowers
A federal judge dismissed DOJ’s suit against all #Maryland federal judges, brought to attack a standing order pausing #deportations for 48 hours when an immigrant files a habeas petition. A win for the rule of law. Here’s why. 👇🏼 1/4
#TwitchLawyer #RuleOfLaw #SeparationOfPowers
Bottom line: central-bank independence is a public good. Fed officials should be hold to account through law and evidence. Otherwise, markets will rapidly price-in uncredibility, the bill landing on households and jobs. 8/8
#TwitchLawyer #Fed #CentralBankIndependence
The legal bit: “for cause” usually means serious misconduct or incapacity. The courts will decide whether the facts meet that bar. It's an unprecedented case. 7/8
#TwitchLawyer #Fed #CentralBankIndependence
How that hits you: higher long-term rates mean pricier 30-year mortgages, car loans and small-business credit. A weaker dollar makes imports even pricier. 6/8
#TwitchLawyer #Fed #CentralBankIndependence
Why independence matters: if the Fed looks political, investors demand extra return to lend out money. That “uncertainty premium” pushes up government and corporate borrowing costs, even if short-term rates are cut. 5/8
#TwitchLawyer #Fed #CentralBankIndependence
What’s new: on 26 Aug, Trump said he fired Governor Lisa Cook “for cause”. Cook denies wrongdoing and says the President lacks power to remove her; she won’t resign. A first-ever attempt to oust a Fed governor. 4/8
#TwitchLawyer #Fed #CentralBankIndependence
It’s built to be boring. And independent. Governors have staggered 14-year terms to keep policy outside elections. By law, a governor can be removed only “for cause”. That protects credibility and anchors inflation expectations. 3/8
#TwitchLawyer #Fed #CentralBankIndependence
