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ADPPA Mimics GDPR’s Flaws, and Goes Further Still
22 Jun 2022 9 min read Technology law and policy
Originally published on Truth on the Market (22 June 2022). Just three weeks after a draft version of the legislation was unveiled by congressional negotiators, the American Data Privacy and Protection Act (ADPPA) is heading to its first legislative markup, set for tomorrow morning before the U.
The Digital Markets Act is a security nightmare
11 Feb 2022 5 min read Technology law and policy Public law
Originally published by New Europe (11 February 2022). In their zeal to curb big tech through the Digital Markets Act, the European legislators are risking the privacy and security of all Europeans.
EU’s Compromise AI Legislation Remains Fundamentally Flawed
8 Feb 2022 5 min read Technology law and policy
Originally published on Truth on the Market (8 February 2022). European Union (EU) legislators are now considering an Artificial Intelligence Act (AIA)—the original draft of which was published by the European Commission in April 2021—that aims to ensure AI systems are safe in a number of uses designated as “high risk.
Privacy and Security Risks of Interoperability and Sideloading Mandates
26 Jan 2022 10 min read Technology law and policy
Originally published on Truth on the Market (26 January 2022). There has been a wave of legislative proposals on both sides of the Atlantic that purport to improve consumer choice and the competitiveness of digital markets.
Will the EU Lose Access to U.S. Data Flows and Software?
7 Nov 2021 11 min read Technology law and policy Public law
Originally published by Lawfare (5 November 2021). Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. The ultimate result may be that EU customers lose access not only to cloud services offered by U.
Users of online platforms need protection from foreign authorities under the DSA
28 Oct 2021 4 min read Technology law and policy Public law
The Digital Services Act assumes that all EU Member States will equally care about rights of all EU residents. This is just a polite fiction. Consumers and businesses need effective tools for protection against excesses of foreign authorities.
Europe Must Rethink the Digital Services Act
30 Jun 2021 4 min read Technology law and policy Public law
Originally published by The Mace (30 June 2021). The European Commission claims that the Digital Services Act (DSA) will deliver much-needed harmonisation and clarity of regulation. In fact, it introduces new risks and costs on businesses without adequate justification.
Should Cart Judicial Reviews be Abolished? Empirically Based Response
21 May 2021 8 min read Public law Technology in law and legal research
Previously published by UK Constitutional Law Blog (21 May 2021). Empirical study of effectiveness of Cart judicial reviews The Review and the Government’s Response both relied on cost and effectiveness concerns to recommend that Parliament legislates to overturn Cart.
The Digital Markets Act Shouldn’t Mandate Radical Interoperability
19 May 2021 7 min read Technology law and policy Public law
Originally published by Truth on the Market (19 May 2021). Despite calls from some NGOs to mandate radical interoperability, the EU’s draft Digital Markets Act (DMA) adopted a more measured approach, requiring full interoperability only in “ancillary” services like identification or payment systems.
Brief comments on the draft EU Regulation on Artificial Intelligence
15 Apr 2021 2 min read Technology law and policy
The draft EU Regulation on Artificial Intelligence leaked out yesterday. Some of my (tentative) thoughts: 1. The draft’s definition of an ‘AI system’ is so broad that it risks covering most (all?

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