Visiting Scholar Alicia Solow-Niederman identifies "inter-regime doctrinal collapse," a source of legal strain by which the boundaries between information privacy law and copyright law become increasingly obscured, in the Stanford Law Review. "Doctrinal collapse poses a fundamental challenge to the rule of law. When a leading AI developer can [as Solow-Niederman notes OpenAI has done] simultaneously argue that data is public enough to scrape—diffusing privacy and copyright controversies—and private enough to keep secret—avoiding disclosure or oversight of its training data—something has gone seriously awry with how law constrains power."
