法律 AI // 资讯总览
需要被持续追踪的
法律 AI 信号。
本期索引按监管、判例、实务与研究归档;可依主题或关键字定位已发布记录。
法律 AI // 资讯总览
本期索引按监管、判例、实务与研究归档;可依主题或关键字定位已发布记录。
原题: DraftKings Is Using AI to Supercharge the Harms of Online Behavioral Advertising
涉及人工智能算法备案、生成式模型合规红线与法律科技核心准则。
据《纽约时报》报道,在线体育博彩平台DraftKings正利用客户投注记录训练机器学习模型,识别更可能持续输钱、并对博彩促销作出反应的用户,再向其发送定向优惠,诱导其返回平台继续投注。报道所称目标人群可能包括反复赌博并已对个人、财务或家庭关系造成损害的问题赌徒。该做法属于在线行为广告,即依据企业掌握的用户数据个性化投放广告。电子前沿基金会(EFF)认为,人工智能能够更快处理大规模数据并强化画像和定向能力,也会提高企业持续收集数据的动力;其进一步指出,广告技术形成的数据可能被保险公司、银行及政府执法机构获取。DraftKings据称主要使用直接从用户处收集的第一方数据,说明仅限制第三方数据买卖未必足以遏制此类风险。原文未提及已出台的新法规、具体条文或施行过渡期,EFF主张全面禁止行为广告并提供个人数据保护资源。
展示来源全文,完整内容以原文页面为准。
Online sports betting company DraftKings is using AI to target customers who are most likely to place losing bets and respond to gambling promotions. This kind of targeting is a form of online behavioral advertising , which is when companies personalize the ads they show you based on the data they’ve collected about you. The more data a company has, the more personalized the ad can be. While DraftKings is using AI to supercharge the harmful effects of online behavioral advertising, EFF has long argued that all behavioral advertising should be banned. According to the New York Times , DraftKings is using its customers’ betting records to train a machine learning model to find losing gamblers. Once found, DraftKings sends these customers targeted advertising designed to lure them back to the site to place more bets—bets that DraftKings thinks will be losing ones. DraftKings has a business incentive to keep losing gamblers coming back to their site, because these are the users actually making DraftKings money. Unfortunately, those considered “problem gamblers” (people who repeatedly gamble despite harm to themselves, their finances, and their relationships) are highly likely to be targeted by this model. By re-engaging these individuals through targeted promotions aimed at keeping them on the platform, DraftKings is capitalizing on their vulnerability for profit instead of mitigating their risk. Predatory online behavioral advertising isn’t new, but companies’ use of AI to process data and target customers has magnified its harms. Online behavioral advertising incentivizes the collection of vast quantities of data to power ad tech. Adding AI into the mix means that even more data is collected to train and refine models. Because AI operates as a black box , the humans building the models can rarely predict which data points are the most useful to the AI, driving them to continuously collect more data. AI also allows companies to process enormous data sets much faster, and, as a result, supercharges the harms of online behavioral advertising. A direct consequence of online behavioral advertising is that it provides the data the surveillance industry needs to run. Data collected for targeted placement of ads is being sold to insurance companies, banks, and state and federal government law enforcement agencies such as CBP . ICE is also taking an interest in the data fueling ad tech: earlier this year, ICE published a Request for Information “seeking information to better understand how the industry’s commercial Big Data and Ad Tech providers can directly support investigations activities.” DraftKings seems to be using solely “first party data” to target their ads, meaning that they’re using only the data they collect directly from their users and are not buying any additional data from third parties to fuel their machine learning model. This highlights how policy solutions that only limit third-party data sharing and selling would not be enough to prevent these predatory advertisements. Rather, policymakers must ban online behavioral ads. What DraftKings is doing with their targeted promotions is just one example of how online behavioral advertising causes real harm to real people. But there are ways to take back control over your own data: EFF offers resources such as our Surveillance Self Defense project, along with other tips for how you can protect yourself on mobile apps and on websites . DraftKings’ use of AI to target losing gamblers illustrates how ad tech evolves and how companies find new ways to use our data against us. This is why EFF believes that all behavioral advertising should be banned . If companies can’t send personalized ads, they’ll have less incentive to collect the behavioral data powering them.
核心争议在于,平台是否将用户投注记录和行为画像用于识别高风险、易受伤害人群,并以平台获利为目的实施再营销。即使数据仅来自第一方,仍涉及个人信息处理的目的正当性、必要性、透明度、风险评估及对成瘾或脆弱群体的差别影响。若算法将“输钱概率”转化为营销标签,平台可能面临消费者保护、负责任博彩和算法歧视层面的责任争议;但原文未指明具体诉讼或监管裁定。
文书与研报规范引注
《DraftKings被指用人工智能锁定输钱赌客》(来源: EFF-Updates,发布日期: 2026/09/26,访问链接: https://www.eff.org/deeplinks/2026/09/draftkings-using-ai-supercharge-harms-online-behavioral-advertising)