The Contents of World Privateness Regulation Assessment, Quantity 05, Situation 1, 2024 – Cyber Tech

We’re joyful to tell you that the newest subject of the journal is now out there and consists of the next contributions:

Javier Torre de Silva y López de Letona, The Proper to Scrape Knowledge on the Web: From the US Case hiQLabs, Inc. v. LinkedIn Corp. to the ChatGPT Scraping Instances: Variations Between US and EU Regulation

Knowledge scraping is of the essence for generative synthetic intelligence (AI), equivalent to ChatGPT, as the info wanted for AI coaching are normally obtained by this implies. The primary litigations relating to information scraping for coaching of generative AI techniques are beginning now. It’s due to this fact related reviewing the case Regulation and regulation relating to information scraping, together with the US (US) Courtroom of Appeals of the Ninth Circuit within the hiQ v. LinkedIn case. This case reveals the necessary variations between the US Regulation and the European Union (EU) (and United Kingdom (UK)) Regulation underneath a number of factors of view: legal regulation, privateness/information safety regulation, mental property (IP) rights (and sui generis rights), and even regulation of contracts. The concept that there is no such thing as a possession to unprotected, non-personal, publicly out there information coincides with some current EU Member States rulings. Knowledge scraping shouldn’t be illicit as such (the Google search engine is at all times scraping, and has been doing so since its creation), however it must respect some legal regulation restrictions, privateness or information safety obligations, copyright and contractual Regulation. This text opinions this safety in each the US and the EU/UK and analyses the affect of the present information scraping case regulation within the ChatGPT points and really current litigations.

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