FIRST THE GDPR.NOW THE PROPOSED EPRIVACY REGULATION

摘要

On January 10, 2017, less than nine months after the General Data Protection Regulation (GDPR) was adopted by the European Union,1 the European Commission issued its proposal for a new ePrivacy Regulation. In analyzing this new proposal, this article first places European Union ePrivacy legislation in context before detailing the main points of the proposed ePrivacy Regulation, then discusses reactions to the proposed Regulation, and outlines the legislative process. At the present time, it is uncertain how AIs will technically evolve, and how law and policymakers will react to increasingly autonomous machines. In the field of copyright, we should take this uncertainty as an opportunity to rethink rationales for privatization in general, and where to place AIs creations in that equation specifically. Justifications for granting copyright protection do not fit AIs creations, and privatization through the grant of (exclusive) rights should not be readily chosen without further thought.