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California Governor Signs AI Governance Measures into Law—But Vetoes Controversial AI Safety Bill

Governor Newsom has vetoed SB 1047 but signed into law three other laws regulating the development and deployment of certain artificial intelligence (AI) tools. As explained in detail in our prior post, California's...more

Who's Liable for Deepfakes? FTC Proposes To Target Developers of Generative AI Tools in Addition to Fraudsters

Late last week, the FTC released a notice seeking comment on a proposed rule that could create potential liability for generative AI developers. Specifically, the agency is requesting comments on a new rule that would...more

EU Unanimously Approves Comprehensive Artificial Intelligence Act

On February 2, 2024, representatives from the European Union (EU) member states formally approved the final text of the EU Artificial Intelligence Act (the Act), which will be subject to final legislative approval in the...more

NIST Seeks Public Comment on Developing Standards and Guidelines for Implementing Portions of the Biden AI Executive Order

Key Areas for Comment in the Request for Information - Developing guidelines, standards, and best practices for AI safety and security. Developing a companion resource to the Risk Management Framework for generative...more

FEC Considers Possible Restrictions on AI and Deepfakes in Campaign Ads

On August 16, 2023, the Federal Election Commission (FEC) published a Notice of Availability of Petition for Rulemaking (Notice) seeking comment on whether it should initiate a formal rulemaking to clarify that existing...more

China's Cyberspace Administration Releases "Interim" Rules Regulating the Use of Generative AI

The Cybersecurity Administration of China ("CAC") and six other agencies jointly promulgated Interim Measures for the Administration of Generative Artificial Intelligence Services ("Generative AI Measures" or "Rules"), that...more

European Parliament Approves Amendments to Expand the Scope of EU AI Act

On June 14, 2023, the European Parliament approved amendments to the European Union (EU) Artificial Intelligence Act (AI Act or AIA) ("Parliament Proposal"). The AIA is the EU's primary proposed framework to regulate AI...more

Italy's Data Protection Agency Lifts Ban on ChatGPT

Italy's Data Protection Agency (DPA) lifted a temporary ban on ChatGPT's operations in Italy after OpenAI, the purveyor of the generative AI system, agreed to implement a series of changes to its online notices and privacy...more

Department of Commerce’s NTIA Sets Sights on Developing Federal AI Accountability Policies

On April 11, 2023, the Department of Commerce, through the National Telecommunications and Information Administration (NTIA), issued a request for comments (RFC) on AI system accountability measures and policies. The “AI...more

Generative AI, ChatGPT Undergoing Heightened Regulatory Scrutiny

Regulators, both in the United States and around the globe, are showing greater concern about the potential risks of using generative artificial intelligence (AI) systems for commercial and business purposes. The Federal...more

CPPA Solicits Comments on Cyber Audits, Risk Assessment and AI Tech

The California Privacy Protection Agency ("CPPA" or "Agency") is seeking preliminary comments on proposed rulemaking for risk assessments and cybersecurity audits for higher-risk data processing activities, and consumer...more

Recent Decisions Interpreting Illinois Biometrics Law Could Create "Ruinous Liability"

One can scarcely browse the internet without encountering a story on the use of Artificial Intelligence (AI) by businesses or websites. While recently most attention has focused on generative AI and the increasing use of chat...more

NIST Releases Final Risk Management Framework for Developing Trustworthy AI

On January 26, 2023, the National Institute of Standards and Technology (NIST) released the final version of its AI Risk Management Framework (RMF). ...more

New York City Revises Audit Rules for AI-Enabled Systems Used in Hiring and Employment

In late December, the New York City Department of Consumer and Worker Protection (DCWP or Department) issued revised rules to implement New York City Local Law 144 of 2021, which mandates bias audits of AI-enabled systems...more

European Commission Proposes AI-Related Revisions to EU Product Liability Directive

On September 28, 2022, the European Commission published its proposal for a directive to amend the existing European Union (EU) Product Liability Directive that provides a system for compensating people who suffer physical...more

EU's Proposed AI Liability Directive Sets Procedural Rules for Litigating Potential AI Harms

On September 28, 2022, the European Commission published its Proposal for an Artificial Intelligence Liability Directive. See European Commission, Proposal for a Directive on adapting non-contractual civil liability rules to...more

NIST Releases Second Draft of AI Risk Management Framework

On August 18, the National Institute of Standards and Technology (NIST) released a second draft of its Artificial Intelligence Risk Management Framework (the Second Draft) for public comment. The first draft was released in...more

FTC Proposed "Commercial Surveillance and Data Security" Rulemaking Raises Significant Questions About Risks Arising From...

The Federal Trade Commission has formally launched a rulemaking proceeding that nominally is focused on consumer privacy issues, but actually raises significant questions about the impact of artificial intelligence/machine...more

NIST - Two Guidance Documents for Developing Trustworthy AI

On March 16 and 17, 2022, the National Institute of Standards and Technology (NIST) released two documents as part of its effort to establish a voluntary framework for developing trustworthy and responsible artificial...more

Does the U.S. Need an AI "Bill of Rights"?—White House Says "Yes"

The White House Office of Science and Technology Policy (OSTP) announced a plan to develop a "bill of rights" to protect against what the OSTP perceives to be potentially harmful consequences of AI, including anticipated and...more

Understanding "Trustworthy" AI: NIST Proposes Model to Measure and Enhance User Trust in AI Systems

Advances in artificial intelligence (AI) come with the promise of life-changing improvements in technologies such as smart buildings, autonomous vehicles, automated health diagnostics, and autonomous cybersecurity systems....more

FTC Sets Its Eye on Algorithms, Automated Tech, and AI-Enabled Applications

Two recent Federal Trade Commission (FTC) enforcement actions reflect increased scrutiny of companies using algorithms, automated processes, and/or AI-enabled applications. In January 2021, the agency announced it had settled...more

Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews

With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more

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