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
Last week, the California Legislature passed several bills that, if signed by the governor, will regulate how organizations develop, train, and use artificial intelligence (AI) models, systems, and applications. Of these...more
9/10/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Covered Providers ,
Cyber Attacks ,
Damages ,
Deep Fake ,
Disclosure Requirements ,
Employment Contract ,
Enforcement ,
Incident Response Plans ,
Machine Learning ,
Penalties ,
Proposed Legislation ,
Regulatory Reform ,
Reporting Requirements ,
Risk Assessment ,
Training ,
Transparency
On July 26, NIST released a final version of its Generative Artificial Intelligence Profile (GenAI Profile), a cross-sectoral profile of and companion to the AI Risk Management Framework (AI RMF) (for further detail on the AI...more
8/7/2024
/ Artificial Intelligence ,
Chemical Weapons ,
Child Abuse ,
Data Privacy ,
Deep Fake ,
Environmental Impact Statements ,
Executive Orders ,
Governance Standards ,
Guidance Update ,
Intellectual Property Protection ,
Machine Learning ,
Negligence ,
NIST ,
Nuclear Weapons ,
Risk Mitigation
On March 15, 2024, the Bipartisan Senate Artificial Intelligence Working Group (the "AI Working Group")—led by Senate Majority Leader Chuck Schumer (D-N.Y.) and Sens. Mike Rounds (R-S.D.), Martin Heinrich (D-N.M.), and Todd...more
5/24/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Copyright ,
Data Privacy ,
Department of Energy (DOE) ,
General Elections ,
Innovation ,
Intellectual Property Protection ,
Machine Learning ,
NASA ,
National Security ,
New Rules ,
NIST ,
Policies and Procedures ,
Risk Mitigation ,
Transparency
On March 13, 2024, Utah enacted the Artificial Intelligence Policy Act ("AIPA"), which creates two types of disclosure requirements for a business or person that "uses, prompts, or otherwise causes" generative AI applications...more
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
The U.S. Department of Commerce's ("Commerce") Bureau of Industry and Security ("BIS") has issued a proposed rule (the "Proposed Rule") that would impose significant diligence, reporting, and recordkeeping requirements on...more
2/15/2024
/ Artificial Intelligence ,
Bureau of Industry and Security (BIS) ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
IaaS ,
Know Your Customers ,
Machine Learning ,
Patent Infringement ,
Penalties ,
Proposed Rules ,
Reporting Requirements ,
Training ,
U.S. Commerce Department
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
On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations mandating notice, opt-out, and information access requirements for companies using automated decision-making technology (ADMT)...more
12/8/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Business Entities ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Criminal Justice Reform ,
Cybersecurity ,
Employer Liability Issues ,
Financial Services Industry ,
Healthcare ,
Machine Learning ,
New Rules ,
Notice Requirements ,
Opt-Outs ,
Regulatory Agenda ,
Technology Sector ,
Transparency
The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces....more
The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules...more
8/18/2023
/ Artificial Intelligence ,
Audits ,
Automated Systems ,
California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Criminal Justice Reform ,
Cybersecurity ,
Machine Learning ,
New Regulations ,
Personal Information ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Rulemaking Process
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
7/31/2023
/ Algorithms ,
Artificial Intelligence ,
China ,
Compliance ,
Consent ,
Corporate Counsel ,
Cybersecurity ,
Digital Service Providers ,
Intellectual Property Protection ,
Interim Rule ,
Labeling ,
Licensing Rights ,
Machine Learning ,
Personal Information ,
Research and Development ,
Technology Sector ,
Training
On July 21, the White House announced that seven leading AI companies (Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI) have agreed to make voluntary commitments around three key areas of their AI systems:...more
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
As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more
6/9/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Confidentiality Policies ,
Copyright ,
Defamation ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Policies and Procedures ,
Privacy Laws ,
Trade Secrets ,
Training ,
Workplace Communication
On May 23, the Biden Administration announced several new initiatives to support the development of a National Artificial Intelligence (AI) Strategy. The initiatives focus on: (1) outlining a plan to increase federal...more
6/1/2023
/ Artificial Intelligence ,
Biden Administration ,
EdTech ,
Federal Funding ,
Innovative Technology ,
Machine Learning ,
NTIA ,
OSTP ,
R&D ,
Regulatory Agenda ,
Regulatory Reform ,
Request For Information ,
Research and Development
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
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
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
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
Update: On May 17, 2021, the agencies extended the deadline for comments from June 1, 2021, to July 1, 2021. The text of this post has been updated accordingly....more
The federal financial institutions regulatory agencies collectively issued a Request for Information and Comment (RFI) on March 31, 2021, to better understand how artificial intelligence (AI) and machine learning (ML) are...more
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
On August 17, 2020, NIST released a draft of its paper outlining a framework for developing "explainable" artificial intelligence (AI): Four Principles of Explainable Artificial Intelligence (NISTIR 8312). The agency is...more
Can firms develop and implement “ethical” artificial intelligence (AI) by taking a new approach to the acquisition and use of data used to develop machine learning, neural networks, and other AI-based tools? ...more