Regulating AI: EU's Balancing Act

Today’s guest is Boston University School of Law professor Woodrow Hartzog, who, with the George Washington University Law School's Daniel Solove, is one of the authors of a recent paper that explored the novelist Franz Kafka’s worldview as a vehicle to arrive at key insights for regulating privacy in the age of AI. The conversation explores why privacy-as-control models, which rely on individual consent and choice, fail in the digital age, especially with the advent of AI systems. Hartzog argues for a "societal structure model" of privacy protection that would impose substantive obligations on companies and set baseline protections for everyone rather than relying on individual consent. Kafka's work is a lens to examine how people often make choices against their own interests when confronted with complex technological systems, and how AI is amplifying these existing privacy and control problems.