Artificial Intelligence, Copyright, and the Fight for User Rights: 2025 in Review

2 weeks 2 days ago

A tidal wave of copyright lawsuits against AI developers threatens beneficial uses of AI, like creative expression, legal research, and scientific advancement. How courts decide these cases will profoundly shape the future of this technology, including its capabilities, its costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly. As these cases finished their trials and moved to appeals courts in 2025, EFF intervened to defend fair use, promote competition, and protect everyone’s rights to build and benefit from this technology.

At the same time, rightsholders stepped up their efforts to control fair uses through everything from state AI laws to technical standards that influence how the web functions. In 2025, EFF fought policies that threaten the open web in the California State Legislature, the Internet Engineering Task Force, and beyond.

Fair Use Still Protects Learning—Even by Machines

Copyright lawsuits against AI developers often follow a similar pattern: plaintiffs argue that use of their works to train the models was infringement and then developers counter that their training is fair use. While legal theories vary, the core issue in many of these cases is whether using copyrighted works to train AI is a fair use.

We think that it is. Courts have long recognized that copying works for analysis, indexing, or search is a classic fair use. That principle doesn’t change because a statistical model is doing the reading. AI training is a legitimate, transformative fair use, not a substitute for the original works.

More importantly, expanding copyright would do more harm than good: while creators have legitimate concerns about AI, expanding copyright won’t protect jobs from automation. But overbroad licensing requirements risk entrenching Big Tech’s dominance, shutting out small developers, and undermining fair use protections for researchers and artists. Copyright is a tool that gives the most powerful companies even more control—not a check on Big Tech. And attacking the models and their outputs by attacking training—i.e. “learning” from existing works—is a dangerous move. It risks a core principle of freedom of expression: that training and learning—by anyone—should not be endangered by restrictive rightsholders.

In most of the AI cases, courts have yet to consider—let alone decide—whether fair use applies, but in 2025, things began to speed up.

But some cases have already reached courts of appeal. We advocated for fair use rights and sensible limits on copyright in amicus briefs filed in Doe v. GitHub, Thomson Reuters v. Ross Intelligence, and Bartz v. Anthropic, three early AI copyright appeals that could shape copyright law and influence dozens of other cases. We also filed an amicus brief in Kadrey v. Meta, one of the first decisions on the merits of the fair use defense in an AI copyright case.

How the courts decide the fair use questions in these cases could profoundly shape the future of AI—and whether legacy gatekeepers will have the power to control it. As these cases move forward, EFF will continue to defend your fair use rights.

Protecting the Open Web in the IETF

Rightsholders also tried to make an end-run around fair use by changing the technical standards that shape much of the internet. The IETF, an Internet standards body, has been developing technical standards that pose a major threat to the open web. These proposals would give websites to express “preference signals” against certain uses of scraped data—effectively giving them veto power over fair uses like AI training and web search.

Overly restrictive preference signaling threatens a wide range of important uses—from accessibility tools for people with disabilities to research efforts aimed at holding governments accountable. Worse, the IETF is dominated by publishers and tech companies seeking to embed their business models into the infrastructure of the internet. These companies aren’t looking out for the billions of internet users who rely on the open web.

That’s where EFF comes in. We advocated for users’ interests in the IETF, and helped defeat the most dangerous aspects of these proposals—at least for now.

Looking Ahead

The AI copyright battles of 2025 were never just about compensation—they were about control. EFF will continue working in courts, legislatures, and standards bodies to protect creativity and innovation from copyright maximalists.

Tori Noble

Age Verification Threats Across the Globe: 2025 in Review

2 weeks 2 days ago

Age verification mandates won't magically keep young people safer online, but that has not stopped governments around the world spending this year implementing or attempting to introduce legislation requiring all online users to verify their ages before accessing the digital space. 

The UK’s misguided approach to protecting young people online took many headlines due to the reckless and chaotic rollout of the country’s Online Safety Act, but they were not alone: courts in France ruled that porn websites can check users’ ages; the European Commission pushed forward with plans to test its age-verification app; and Australia’s ban on under-16s accessing social media was recently implemented. 

Through this wave of age verification bills, politicians are burdening internet users and forcing them to sacrifice their anonymity, privacy, and security simply to access lawful speech. For adults, this is true even if that speech constitutes sexual or explicit content. These laws are censorship laws, and rules banning sexual content usually hurt marginalized communities and groups that serve them the most.

In response, we’ve spent this year urging governments to pause these legislative initiatives and instead protect everyone’s right to speak and access information online. Here are three ways we pushed back [against these bills] in 2025:

Social Media Bans for Young People

Banning a certain user group changes nothing about a platform’s problematic privacy practices, insufficient content moderation, or business models based on the exploitation of people’s attention and data. And assuming that young people will always find ways to circumvent age restrictions, the ones that do will be left without any protections or age-appropriate experiences.

Yet Australia’s government recently decided to ignore these dangers by rolling out a sweeping regime built around age verification that bans users under 16 from having social media accounts. In this world-first ban, platforms are required to introduce age assurance tools to block under-16s, demonstrate that they have taken “reasonable steps” to deactivate accounts used by under-16s, and prevent any new accounts being created or face fines of up to 49.5 million Australian dollars ($32 million USD). The 10 banned platforms—Instagram, Facebook, Threads, Snapchat, YouTube, TikTok, Kick, Reddit, Twitch and X—have each said they’ll comply with the legislation, leading to young people losing access to their accounts overnight

Similarly, the European Commission this year took a first step towards mandatory age verification that could undermine privacy, expression, and participation rights for young people—rights that have been fully enshrined in international human rights law through its guidelines under Article 28 of the Digital Services Act. EFF submitted feedback to the Commission’s consultation on the guidelines, emphasizing a critical point: Mandatory age verification measures are not the right way to protect minors, and any online safety measure for young people must also safeguard their privacy and security. Unfortunately, the EU Parliament already went a step further, proposing an EU digital minimum age of 16 for access to social media, a move that aligns with EU Commission’s president Ursula von der Leyen’s recent public support for measures inspired by Australia’s model.

Push for Age Assurance on All Users 

This year, the UK had a moment—and not a good one. In late July, new rules took effect under the Online Safety Act that now require all online services available in the UK to assess whether they host content considered harmful to children, and if so, these services must introduce age checks to prevent children from accessing such content. Online services are also required to change their algorithms and moderation systems to ensure that content defined as harmful, like violent imagery, is not shown to young people.

The UK’s scramble to find an effective age verification method shows us that there isn't one, and it’s high time for politicians to take that seriously. As we argued throughout this year, and during the passage of the Online Safety Act, any attempt to protect young people online should not include measures that require platforms to collect data or remove privacy protections around users’ identities. The approach that UK politicians have taken with the Online Safety Act is reckless, short-sighted, and will introduce more harm to the very young people that it is trying to protect.

We’re seeing these narratives and regulatory initiatives replicated from the UK to U.S. states and other global jurisdictions, and we’ll continue urging politicians not to follow the UK’s lead in passing similar legislation—and to instead explore more holistic approaches to protecting all users online.

Rushed Age Assurance through the EU Digital Wallet

There is not yet a legal obligation to verify users’ ages at the EU level, but policymakers and regulators are already embracing harmful age verification and age assessment measures in the name of reducing online harms.

These demands steer the debate toward identity-based solutions, such as the EU Digital Identity Wallet, which will become available in 2026. This has come with its own realm of privacy and security concerns, such as long-term identifiers (which could result in tracking) and over-exposure of personal information. Even more concerning is, instead of waiting for the full launch of the EU DID Wallet, the Commission rushed a “mini AV” app out this year ahead of schedule, citing an urgent need to address concerns about children and the harms that may come to them online. 

However, this proposed solution directly tied national ID to an age verification method. This also comes with potential mission creep of what other types of verification could be done in EU member states once this is fully deployed—while the focus of the “mini AV” app is for now on verifying age, its release to the public means that the infrastructure to expand ID checks to other purposes is in place, should the government mandate that expansion in the future.  

Without the proper safeguards, this infrastructure could be leveraged inappropriately—all the more reason why lawmakers should explore more holistic approaches to children's safety

Ways Forward

The internet is an essential resource for young people and adults to access information, explore community, and find themselves. The issue of online safety is not solved through technology alone, and young people deserve a more intentional approach to protecting their safety and privacy online—not this lazy strategy that causes more harm that it solves. 

Rather than weakening rights for already vulnerable communities online, politicians must acknowledge these shortcomings and explore less invasive approaches to protect all people from online harms. We encourage politicians to look into what is best, and not what is easy; and in the meantime, we’ll continue fighting for the rights of all users on the internet in 2026.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

Paige Collings

【NHK】会長「自立的選出」をと訴え 「指名部会」前に行動=河野 慎二

2 weeks 2 days ago
 NHK元職員や視聴者などで作る「市民と共に歩み、自立したNHK会長を求める会」は11日、「政権の指名する会長候補者をそのまま追認する人事は許さない」と訴え、東京渋谷のNHK前での街頭行動に取り組んだ。 NHK現会長稲葉延雄氏の任期満了は来年1月。会は、安倍政権時の総務大臣で、放送局を「停波発言」で恫喝した高市早苗氏が首相になり、NHK会長人事への干渉が一段と危惧されることからも行動に立ち上がった。 NHK会長指名を巡っては「6期18年にわたって、誰が選んだかわからない形で財..
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