Privacy Laws Should Help, Not Harm, Criminal-Justice Reform
Summary
American society urgently needs to address structural disparities in the criminal-justice system. One important disparity—which is both easily mitigated and generally unrecognized—is the asymmetry of information access granted to prosecutors and defendants. Prosecutors can easily access digital records that establish guilt. But defendants are far less empowered to access digital records that prove innocence.
Privacy laws are a key source of this disparity. The Stored Communications Act (SCA), for instance, permits law enforcement—but not defense investigators—to access certain evidence from Internet companies. Fortunately, there are two straightforward policy solutions to this problem. First, new federal privacy legislation should include language requiring symmetric information access for defendants. Second, the Department of Justice should adopt a new interpretation of the SCA to protect fairness in criminal proceedings.
To sustain America’s leadership in AI innovation, accelerate adoption across the economy, and guarantee that AI systems remain secure and trustworthy, we offer a set of policy recommendations.
Current scientific understanding shows that so-called “anonymization” methods that have been widely used in the past are inadequate for protecting privacy in the era of big data and artificial intelligence.
To fully harness the benefits of AI, the public must have confidence that these systems are deployed responsibly and enhance their lives and livelihoods.
The first Trump Administration’s E.O. 13859 commitment laid the foundation for increasing government accountability in AI use; this should continue