America's Next 'Stop Model!': Model Deletion

Georgetown Law Technology Review

29 Pages Posted: 27 Sep 2022 Last revised: 5 Feb 2024

See all articles by Jevan Hutson

Jevan Hutson

Hintze Law PLLC

Ben Winters

Electronic Privacy Information Center (EPIC)

Date Written: September 20, 2022

Abstract

This Article explores the emergence of model deletion–the compelled destruction or dispossession of certain data, algorithms, models, and associated work products created or shaped by illegal means--as a remedy, right, and requirement for artificial intelligence and machine learning systems. Part I examines model deletion's emergence as a consumer protection remedy and conception as a positive right and regulatory requirement. Part II considers the constellation of Federal and State actors who might seek model deletion to address particular AI and ML harms and violations of law, including Federal and State enforcement agencies and legislative bodies. Part III underscores the need to legislate broader privacy and data protection regulation to bolster the effectiveness of model deletion. Part IV reflects on the challenges of model deletion, including the scope and enforcement of model deletion orders and logistical issues for companies undergoing model deletion. Part V envisions two speculative case studies for model deletion: Clearview and Securus.

Keywords: artificial intelligence, machine learning, consumer protection, disgorgement, FTC, model

Suggested Citation

Hutson, Jevan and Winters, Ben, America's Next 'Stop Model!': Model Deletion (September 20, 2022). Georgetown Law Technology Review, Available at SSRN: https://ssrn.com/abstract=4225003 or http://dx.doi.org/10.2139/ssrn.4225003

Jevan Hutson (Contact Author)

Hintze Law PLLC ( email )

Ben Winters

Electronic Privacy Information Center (EPIC) ( email )

1718 Connecticut Avenue
NW Suite 200
Washington, DC ID 20009
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
468
Abstract Views
2,002
Rank
112,624
PlumX Metrics