“Access Denied: Privat Ordering, Scraping Battles & the Future of AI Data Governance” N. Elkin-Koren скачать в хорошем качестве

“Access Denied: Privat Ordering, Scraping Battles & the Future of AI Data Governance” N. Elkin-Koren

PLAMADISO Talk by Niva Elkin-Koren (Tel Aviv University) – 27 November 2025 || Organized by the Research Group “Digital Economy, Internet Ecosystem & Internet Policy” @Weizenbaum Institute for the Networked Society   Title “Access Denied: Privat Ordering, #Scraping Battles, and the Future of #AI #DataGovernance” Abstract A defining feature of the digital era is the rise of private ordering, which shifts rulemaking power to those who control access to data. This development has long raised questions about the legitimacy of technological self-help measures and boilerplate contractual terms that conflict with public policy. With the rapid growth of generative AI, these concerns have become urgent. Data is essential for training, updating, and overseeing AI systems, yet platforms increasingly use technical barriers and contracts to restrict access to publicly available data. Disputes such as LinkedIn’s challenge to hiQ Labs and Cloudflare’s recent accusations against Perplexity AI highlight a broader struggle over who controls the data needed for AI development and oversight. While content providers have legitimate interests in protecting ownership, privacy, safety, and cybersecurity, those who bypass barriers to access public data may also have valid public-interest reasons. The balance between these interests should be set by public policy, not unilateral private power. This talk examines the legal challenges raised by these conflicts and argues that access to data in the AI era is too important to leave to private ordering. The law must limit excessive data privatization to ensure equitable, reliable access that supports research, accountability, and innovation.   Short Bio Niva Elkin-Koren is the Stewart and Judy Colton Professor of Legal Theory and Innovation at Tel Aviv University Faculty of Law and a Faculty Associate at the Berkman Klein Center for Internet & Society at Harvard University. She is the academic director of the Chief Justice Meir Shamgar Center for Digital Law and Innovation, and a member of the Academic Management Committee of TAU Center for Artificial Intelligence and Data Science. Her research lies at the intersection between law and information technology, with a focus on both the governance of AI and governance by AI. She studies how AI tools interact with social institutions, legal processes, and fundamental rights, examining issues such as explainability, transparency, accountability of generative platforms, and the role of foundation models in shaping legal interpretation. More about Niva Elkin-Koren: Website: https://english.tau.ac.il/profile/elk... Google Scholar: https://scholar.google.com/citations?... Stay tuned for future events: https://plamadiso.weizenbaum-institut.de Follow us on X: https://x.com/JWI_Digi_Econ Follow us on LinkedIn:   / plamadiso   Find all PLAMADISO Talks in our playlist:    • Plamadiso Talks   The Weizenbaum Institute for the Networked Society: https://weizenbaum-institut.de/