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Senators Advance Three Election-Related AI Bills Out of Committee — AI: The Washington Report

In May 2024, the Senate Rules and Administration Committee advanced three bills sponsored by Chair Amy Klobuchar (D-MN) on elections and AI out of committee. These bills include provisions that would prohibit deceptive AI...more

NIST Invites AI Developers to Submit Models for Risk Assessment Testing — AI: The Washington Report

The National Institute of Standards and Technology (NIST) has launched the Assessing Risks and Impacts of AI (ARIA) program, an initiative designed to allow AI developers to submit their models to NIST for risk evaluation and...more

Hot EPA Issues Heading into the Election Year

As we head into the 2024 election season, Congress and the executive branch continue to advance various policies related to the Environmental Protection Agency (EPA). In addition to the Fiscal Year 2025 appropriation for the...more

CFTC Report Calls on Agency to Engage in Rulemaking on AI — AI: The Washington Report

A working group within the Commodity Futures Trading Commission (CFTC) released a report on May 2, 2024, concerning the risks posed by AI adoption in the derivatives market. The report warns that the adoption of AI tools...more

Senate Leadership Releases Sweeping AI Policy Agenda Calling for $32 Billion in R&D Funding — AI: The Washington Report

The Bipartisan Senate AI Working Group, headed by Majority Leader Chuck Schumer (D-NY), Senator Mike Rounds (R-SD), Senator Martin Heinrich (D-NM), and Senator Todd Young (R-IN) released a roadmap for congressional AI policy....more

USPTO Issues Guidance on AI Use to Patent Professionals — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, on April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published “Guidance on Use of Artificial Intelligence-Based Tools in...more

OMB Issues Guidance to Federal Agencies on the Use of Artificial Intelligence — AI: The Washington Report

Pursuant to President Biden’s October 2023 executive order on AI, in March 2024 the Office of Management and Budget issued a memorandum directing the use of AI by federal agencies. Among other provisions, the memorandum...more

FTC Chair Khan: “We Need to Choose Competition over National Champions” in the AI Age — AI: The Washington Report

On March 13, 2024, the Carnegie Endowment for Peace hosted Federal Trade Commission (FTC or Commission) Chair Lina Khan for a panel entitled “The Future of American Innovation.” The panel discussion, which broadly concerned...more

DOJ Deputy Chief Announces “Stiffer Sentences” for AI-Related White-Collar Crime — AI: The Washington Report

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI. In the speech, Monaco reiterated that there are no AI exemptions to the...more

DOJ and FTC Weigh in on Alleged Algorithmic Price Fixing — AI: The Washington Report

On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al. In this SOI, the agencies...more

Proposed FTC Rule Would Hold AI Companies Liable for “Deepfake” Impersonation Scams — AI: The Washington Report

After over two years of consultation and review, on February 15, 2024, the Federal Trade Commission (FTC or Commission) finalized a rule prohibiting the impersonation of government agencies or businesses in matters “in or...more

Federal and State Lawmakers Launch AI Task Forces — AI: The Washington Report

On February 20, 2024, House Speaker Mike Johnson (R-LA-4) announced the creation of a bipartisan Task Force on Artificial Intelligence (AI) (“AI Task Force”) composed of 24 members, with 12 from each party. The House AI...more

Commerce Department Launches Cross-Sector Consortium on AI Safety — AI: The Washington Report

The Department of Commerce has launched the US AI Safety Institute Consortium (AISIC), a multistakeholder body tasked with developing AI safety standards and practices. The AISIC is currently composed of over 200 members...more

House Energy Committee Leadership Post Opens as Top Republican Announces Retirement

Start of Election Season Triggers Many Retirements - With the elections nine months away, 43 members of the House have announced they will not seek reelection. An additional three seats will need to be filled due to...more

Senators Propose Clarification of Antitrust Law to Expressly Cover Algorithmic Collusion — AI: The Washington Report

1. Following up on a December 2023 hearing on algorithmic price-fixing and self-preferencing, Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Amy Klobuchar (D-MN) introduced a...more

ESG Political Partisanship: Guidance for In House Counsel

ESG is today’s political football. As Americans take sides and root for their home teams, companies find themselves at the crux of a battlefield that pitches corporate values, strategy, and reputation against a shifting and...more

Biden’s AI Executive Order Achieves First Major Milestones (AI EO January Update) — AI: The Washington Report

On January 29, 2024, the White House published a fact sheet detailing the actions that have been taken pursuant to President Joe Biden’s October 30, 2023 executive order on “Safe, Secure, and Trustworthy Development and Use...more

Algorithmic Disgorgement: An Increasingly Important Part of the FTC’s Remedial Arsenal— AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Federal Trade Commission’s (FTC or Commission) use of...more

FTC Warns AI Companies to Honor Privacy and Confidentiality Commitments — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. On January 9, 2024, the Federal Trade Commission (FTC or Commission) published...more

(Un)fair Use? Copyrighted Works as AI Training Data — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the continued contentious matter of the use of...more

AI Judges? Chief Justice Roberts Thinks Not — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss Supreme Court Chief Justice John Roberts’s letter on...more

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