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Derivative Data: Rethinking Market Definitions in the Age of Generative AI
Get PDFAntitrust law fails to keep pace with the data-driven realities of the dig- ital economy, and foundation models further exacerbate the issue. Founda- tion models such as ChatGPT, Claude, and Gemini are trained on broad datasets across different domains. While traditional antitrust frameworks fo- cus on narrow market definitions and readily observable effects, these frameworks fail to capture the anti-competitive potential of derivative data— data that is derived by a business through its operations and exerts cross- market influence—thereby fueling new forms of dominance.
Moreover, the dynamics of foundation model training data create a “Tragedy of the Data Commons,” where a few powerful actors benefit at the expense of accessible data resources. Without intervention, the control of foundation models will remain in the hands of tech conglomerates, limiting the open exchange of information and further entrenching their market power.
This paper argues that antitrust law must expand the upper bounds of liability to encompass the broader ecosystems in which data operates, rec- ognizing that the “relevant market” for market entities that collect derivative data extends far beyond the immediate product or service the entity provides to consumers. By redefining these bounds, antitrust enforcement can address the evolving challenges of foundation models and ensure that their bottom- less potential does not translate into boundless dominance by a select few
The Inequitable Impacts of Sea Level Rise: How East Palo Alto Serves as Both a Warning and Beacon of Hope for Coastal Communities
Get PDFAs sea level rise and coastal flooding continue to threaten communities globally, the impacts on shoreline residents will not be distributed equally. Projections of physical damage do not account for other environmental and socioeconomic contexts that overlap to disproportionately burden the most vulnerable communities. East Palo Alto, a city that regularly suffers from destructive flooding, is at high monetary and social risk from sea level rise due to a history of racially discriminatory practices that contributed to residents’ current socioeconomic disadvantage. This inequity poses a distinct environmental justice issue, requiring adaptation strategies that place the city’s environmental burden within past and present socioeconomic contexts.
This Article proposes sea level rise adaptation strategies for East Palo Alto that achieve environmentally just outcomes for its residents. It first identifies the adverse impacts of sea level rise and how economic disadvantage creates amplified risks in socially vulnerable populations, often disproportionately burdening communities of color. Applying this framework, this Article finds that East Palo Alto’s experience of racially discriminatory government policies and housing practices has increased its residents’ vulnerability to sea level rise impacts. It evaluates current climate adaptation efforts and recommends strategies that prioritize environmental justice by utilizing local planning instruments, collaborating with stakeholders across multiple jurisdictions, and leveraging state and federal funding opportunities. Taken together, this Article offers a policy nexus that may prove useful for East Palo Alto and other coastal communities in implementing equitable adaptation measures
Texas-Sized Tremors: A Call for a Seismic Shake Up to Recourse For Induced Seismicity
Get PDFIn the last twenty years, seismicity in Texas has reached unprecedented levels, surpassing even those in California. Experts have theorized that oil and gas operations, specifically wastewater removal, are the leading cause of this seismic uptick. While scientists and the state continue to refine their understanding regarding the links to oil and gas operations and increased seismicity across the state, the unfortunate reality is that many homeowners are facing the damage from increased seismicity alone.
Currently homeowners find themselves in a legal and financial quagmire: private earthquake insurance is unjustifiably expensive, riddled with exclusions, and accompanied by an unsophisticated claims process, and the common law remains inaccessible due to the near impossible hurdle that specific causation presents for recovery.
To address this growing crisis, the creation of a quasi-state earthquake authority, similar to the California Earthquake Authority, is essential. Such an authority could provide affordable earthquake insurance coverage, streamline reliable claims processing, and ensure homeowners have a reliable form of recourse so they need not turn to fleeting forms of recourse like the common law. By establishing a reliable and accessible system for homeowners to recover from earthquake damage, Texas can mitigate the costs of induced seismicity and continue to provide for the prosperity of the state
