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| Hodine Williams |
China, with its aggressive push into AI development, is challenging the West’s historical dominance in the field. I really take no issue as I am one for fair competition and equity in all areas. Companies like DeepSeek, a rising star in China’s AI landscape, are at the forefront of this battle.
But as China goes on the offensive, the West is pushing back — and doing so with eyes forward and chest out. They have drawn for the dusty ole playbook. What are the tactics detailed therein? We all know it: if you can’t beat them, discredit them; if you can’t discredit them, raise national security concerns; and if that fails, just ban them outright.
On a more sober note, we cannot ignore the real concerns of citizens. We have to consider the legal and ethical implications of DeepSeek’s rise, the privacy concerns surrounding its data collection practices, and the broader geopolitical tug-of-war over AI supremacy. What is the simple question to ask here? Is DeepSeek safe to use? What does its user agreement reveal about its data collection practices? And how does it compare to Western AI platforms?
The geopolitical battle: China’s AI offensive versus the West’s pushback
China has made no secret of its ambitions to become a global leader in AI by 2030. With massive government funding, a vast pool of data and a culture of rapid innovation, Chinese companies like DeepSeek are making significant strides. DeepSeek, for instance, has developed advanced Natural Language Processing (NLP) models that rival those of Western giants like OpenAI and Google and on top of it — it’s open source! But as China’s AI capabilities grow, so does the West’s unease.
The West’s response has been multifaceted. First, there’s the discrediting campaign. There are constant talks that Chinese AI models are built on stolen intellectual property or unethical data practices. There have been questions as to whether DeepSeek used Microsoft AI models to build its platform. While these allegations are often difficult to prove, they serve to cast doubt on the legitimacy of Chinese AI advancements.
Fine, so if discrediting doesn’t work, the next step is to raise national security concerns. The West argues that Chinese AI platforms, like DeepSeek, could be used to collect sensitive data on foreign users, which could then be accessed by the Chinese government under its stringent data laws. This has led to calls for stricter regulations and even outright bans on Chinese AI technologies in certain countries.
And if all else fails, the West has shown a willingness to ban Chinese AI platforms altogether. The United States has already banned TikTok over data privacy concerns, and there’s growing pressure to extend similar restrictions to AI platforms like DeepSeek. The message then is clear: can I call it as I see it? If the West can’t out-innovate China, it will use legal and regulatory tools to maintain its dominance.
DeepSeek’s data collection practices: What does the user agreement say?
One of the key battlegrounds in this AI war is data privacy. DeepSeek, like many AI platforms, collects a significant amount of user data. According to its user agreement, DeepSeek collects the following information:
- Personal identifiers: Telephone numbers, email addresses, and dates of birth.
- User input: Text, voice and other forms of input provided by users.
- Chat history: Records of interactions with the AI.
- Device information: Phone model, operating system and even keyboard patterns.
This level of data collection has raised eyebrows, particularly in the West. It definitely raised mine. Critics argue that such detailed information has the potential for misuse in those highly personalized profiles of users, which could be exploited for commercial or even political purposes. But is DeepSeek alone in this? Not really.
This is the part one of a three-part series.
Hodine Williams has over 20 years of experience in law, corporate governance and regulatory compliance across the legal, financial, hospitality and engineering sectors. A former prosecutor and expert in digital forensics, financial crimes and cyber law, he has advised corporations in Jamaica, Canada and the United Kingdom. Holding a master of laws in international business law from Osgoode Hall Law School, along with degrees in management and economics and law, Williams is also an educator, philanthropist and advocate for youth development and racialized communities. You can reach him at hodine.williams@gmail.com.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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