Opt-out or consent? The AI industry’s approach to leveraging Terms of Service to harvest user data
Giulia Olivato
Abstract
At the intersection of personal data, competition law and consumer protection, copyright and AI regulation, companies' ToS are very significant self-regulatory tools for setting industry standards. This work focuses on the difficulty of protecting copyrighted material and personal data against the tendency of ToS of Big Tech companies to use opt-out rather than consent-based models to obtain training data.
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