Perspectives From Judges on Privacy Protections and Impact of AI in Federal Courts

What privacy issues keep federal judges up at night? How is the judiciary adapting to AI while addressing issues like hallucinations and deepfakes? To answer these questions and more, Michael Sussmann, a partner at Fenwick, spoke to Chief Judge James Boasberg of the U.S. District Court for the District of Columbia and Judge Allison Burroughs of the U.S. District Court for the District of Massachusetts at the IAPP Global Summit 2026. The judges shared their perspectives on balancing litigants’ concerns over privacy and confidentiality with the public’s right to open judicial proceedings; government surveillance; the complex technological issues they must address; how AI, other technological changes and cybersecurity concerns are affecting litigation and courts; and issues around class action and multidistrict privacy litigation. This article synthesizes their insights. See “Litigation Landscape for Cookie and Tracking Technology Claims Brought Under Federal Privacy Statutes” (Jan. 21, 2026).

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