The FTC Looks to Get Smart on Artificial Intelligence

Akin Gump Strauss Hauer & Feld LLP

Akin Gump Strauss Hauer & Feld LLP

The Federal Trade Commission (FTC) will hold the seventh session of its Hearings Initiative titled, “Competition and Consumer Protection in the 21st Century” on November 13 and 14 at the Howard University School of Law. The two-day hearing will examine competition and consumer protection issues associated with the use of algorithms, artificial intelligence and predictive analytics in business decisions and conduct. In addition, the hearing will inform the FTC, other policy-makers and the public of:

  • the current and potential uses of these technologies
  • the ethical and consumer protection issues that are associated with the use of these technologies
  • how the competitive dynamics of firm and industry conduct are affected by the use of these technologies
  • policy innovation and market considerations associated with the use of these technologies.

To further its consideration of these issues, the agency seeks public comment on topics including the advantages and disadvantages of widespread use of products or services facilitated by algorithms, artificial intelligence, predictive analytics, the current pace of their technological development and policy implications. The FTC also seeks public disclosure on the sufficiency of industry self-regulation and government enforcement of existing laws to address concerns, and whether the increased prevalence of such technologies has raised new or increased consumer protection and competition issues.  It asks the public to file comments by February 15, 2019.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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