新经济思想研究所-人工智能_反垄断和隐私（英）-2025.6_73页_1mb

AI exacerbates the tension between competition and privacy, particularly through behavioral advertising and profiling. Increased competition in the AI supply chain may worsen privacy without proper guardrails, as firms reward surveillance for profits. Current state privacy laws in 20 states offer some opt-out rights but fail to address issues like inferred data, third-party Tracking, and re-identification risks, allowing dominant ecosystems (e.g., Google, Meta) to maintain market power. Key gaps include limited broad opt-outs, ineffective default settings, and enforcement challenges. Proposed reforms include requiring opt-in consent for behavioral advertising, expanding opt-outs to all automated profiling, and implementing safeguards to prevent AI re-identification of data.

This analysis highlights the need for states to revise privacy laws to better align market incentives with public interests, ensuring a race to the top rather than the bottom in digital competition.