Skip to content
Search

Latest Stories

Follow Us:
Top Stories

The end of privacy?

person hacking a website
Bill Hinton/Getty Images

Frazier is an assistant professor at the Crump College of Law at St. Thomas University and a Tarbell fellow.

Americans have become accustomed to leaving bread crumbs of personal information scattered across the internet. Our scrolls are tracked. Our website histories are logged. Our searches are analyzed. For a long time, the practice of ignoring this data collection seemed sensible. Who would bother to pick up and reconfigure those crumbs?

In the off chance someone did manage to hoover up some important information about you, the costs seemed manageable. Haven’t we all been notified that our password is insecure or our email has been leaked? The sky didn’t fall for most of us, so we persisted with admittedly lazy but defensible internet behavior.


Artificial intelligence has made what was once defensible a threat to our personal autonomy. Our indifference to data collection now exposes us to long-lasting and significant harms. We now live in the “inference economy,” according to professor Alicia Solow-Niederman. Information that used to be swept up in the tumult of the Internet can now be scrapped, aggregated and exploited to decipher sensitive information about you. As Solow-Niederman explains, “seemingly innocuous or irrelevant data can generate machine learning insights, making it impossible for an individual to anticipate what kinds of data warrant protection.”

Our legal system does not seem ready to protect us. Privacy laws enacted in the early years of the internet reflect a bygone era. They protect bits and pieces of sensitive information but they do not create the sort of broad shield that’s required in an inference economy.

The shortcomings of our current system don’t end there. AI allows a broader set of bad actors to engage in fraudulent and deceptive practices. The fault in this case isn’t the substance of the law — such practices have long been illegal — but rather enforcement of those laws. As more actors learn how to exploit AI, it will become harder and harder for law enforcement to keep pace.

Privacy has been a regulatory weak point for the United States. A federal data privacy law has been discussed for decades and kicked down the road for just as long. This trend must come to an end.

The speed, scale and severity of privacy risks posed by AI require a significant update to our privacy laws and enforcement agencies. Rather than attempt to outline each of those updates, I’ll focus on two key actions.

First, enact a data minimization requirement. In other words, mandate that companies collect and retain only essential information to whatever service they provide to a consumer. Relatedly, companies should delete that information once the service has been rendered. This straightforward provision would reduce the total number of bread crumbs and, consequently, reduce the odds of a bad actor gathering personal and important information about you.

Second, invest in the Office of Technology at the Federal Trade Commission. The FTC plays a key role in identifying emerging unfair and deceptive practices. Whether the agency can perform that important role turns on its expertise and resources. Chair Lina Khan recognized as much when she initially created the office. Congress is now debating how much funding to provide to this essential part of privacy regulation and enforcement. Lawmakers should follow the guidance of a bipartisan group of FTC commissioners and ensure that office can recruit and retain leading experts as well as obtain new technological resources.

It took decades after the introduction of the automobile for the American public to support seat belt requirements. Only after folks like Ralph Nader thoroughly documented that we were unsafe at any speed did popular support squarely come to the side of additional protections. Let’s not wait for decades of privacy catastrophes to realize that we’re currently unsafe upon any scroll. Now’s the time for robust and sustained action to further consumer privacy.


Read More

America's New and Dangerous Gilded Age

A NASA logo is displayed at the entrance to the Mary W. Jackson NASA Headquarters building on May 30, 2026, in Washington, DC.

(Photo by Kevin Carter/Getty Images)

America's New and Dangerous Gilded Age

As part of a collaboration between The Fulcrum's NextGen initiative and Made By Us, The Fulcrum is publishing Letters to America, a series created through the Youth250 project that invites Gen Z to reflect on the nation’s past, present, and future as the United States approaches its 250th anniversary.

On June 4, 1876, on the eve of our Nation’s centennial, the Transcontinental Express completed its inaugural voyage across America’s newly constructed coast-to-coast railroad, traveling from the Atlantic to the Pacific in just 83 hours. This milestone marked the end of the Railroad Race and the beginning of the Gilded Age, epitomized by its rail barons and drastic wealth disparity.

Keep ReadingShow less
ICE agents wearing gear that reads, "POLICE ICE." Their faces are covered, they are wearing helmets, and one of them is holding a weapon.

ICE agents stand guard in front of protesters outside the federal immigration center at Delaney Hall in Newark, where ICE is housing detained immigrants on May 26, 2026 in Newark, New Jersey.

Spencer Platt / Getty Images

Your Face Is in a Federal Database and ICE Put It There

Last week, while the world watched JD Vance fly to Switzerland to negotiate an Iran deal, a quieter document surfaced from inside the Department of Homeland Security that may matter more to the daily lives of Americans than anything that happened at Lake Lucerne. A DHS Privacy Threshold Analysis, obtained and reported by NPR, outlines plans to give approximately 1,300 local police forces access to the same facial recognition technology that federal ICE agents currently use in the field. The app is called the ICE Task Force Module. It allows an officer to photograph any person they stop, run the image against federal databases, and receive an identity match in seconds. Every photograph taken is stored in a DHS system for fifteen years. The document states plainly that this surveillance will sweep up American citizens. The DHS knows this. It is proceeding anyway.

This is not an immigration story. It is a surveillance infrastructure story, and the distinction is the most important thing to understand about what is being built.

Keep ReadingShow less
America’s Data Crisis: Restoring Trust in the Facts That Unite Us
a close up of a window with a building in the background

America’s Data Crisis: Restoring Trust in the Facts That Unite Us

At a moment when Americans can’t even agree on the basic facts that mold our public life, the nation faces a deeper crisis than polarization alone. We are living through a collapse of shared reality. When people lose confidence in the numbers, surveys, and official information that once anchored civic debate, democracy itself begins to drift. Trustworthy government data isn’t a technical issue — it is core infrastructure that holds a self‑governing society together. And right now, that infrastructure is under strain.

The public has lost trust in government information on many levels and across the political spectrum. To restore that trust, we need to address the challenges facing government data — including low survey response rates, data protection concerns, and outdated or flawed statistical methods.

Keep ReadingShow less
Keeping Kids Safe Online?: Understanding the Debate Over AI Age Verification
boy in gray shirt using black laptop computer
Photo by Thomas Park on Unsplash

Keeping Kids Safe Online?: Understanding the Debate Over AI Age Verification

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

Keep ReadingShow less