News & Analysis as of

Machine Learning Public Comment

Pillsbury Winthrop Shaw Pittman LLP

White House Seeks Public Input on AI Action Plan

The White House is gathering industry feedback on AI governance, giving stakeholders an opportunity to shape future policy....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - AI Developments at the USPTO

Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

FDA Issues Draft Guidance Documents on Artificial Intelligence for Medical Devices, Drugs, and Biological Products

FDA recently issued two draft guidance documents discussing: (1) the use of artificial intelligence (AI) to produce information to support a regulatory decision about a drug or biological product’s safety, effectiveness, or...more

McDermott Will & Emery

CPPA Opens Public Comment Period for CCPA Regulations

McDermott Will & Emery on

On November 22, 2024, the California Privacy Protection Agency (CPPA) opened the public comment period for the proposed California Consumer Privacy Act (CCPA) regulations related to cybersecurity audits, risk assessments, and...more

Robinson+Cole Data Privacy + Security Insider

California Privacy Agency to Regulate AI, Boost Cybersecurity Audits

During the California Privacy Protection Agency’s (CPPA) meeting on November 8, 2024, it voted to proceed with formal rulemaking regarding artificial intelligence (AI) and cybersecurity audits. The CPPA’s rulemaking related...more

Ballard Spahr LLP

The FTC Announces New Enforcement Actions Against Certain Businesses for Engaging in “Deceptive AI” Practices

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As part of a new enforcement initiative called “Operation AI Comply,” the FTC recently announced that it has brought the following five enforcement actions against businesses that use or sell AI tools in a manner that the FTC...more

Jones Day

USPTO Extends Comment Deadline on Patent Eligible Subject Matter Guidance for AI Inventions

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The USPTO has extended the public comment deadline in order to afford all stakeholders an opportunity to weigh in on the subject matter eligibility of AI inventions....more

Jones Day

AI and Deepfakes: U.S. Copyright Office Urges Federal Digital Replica Law

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The Situation: In early 2023, the U.S. Copyright Office ("Office") launched a new initiative to examine the intersection of copyright law and artificial intelligence ("AI"). Later that year, the Office issued Registration...more

Cadwalader, Wickersham & Taft LLP

U.S. Treasury Proposes Regulation of U.S. Outbound Investments

On June 21, 2024, the U.S. Department of Treasury (“Treasury”) issued a notice of proposed rulemaking (“Proposed Rule”) that would regulate certain U.S. transactions with persons of a country of concern involved in the...more

McDermott Will & Emery

PTO Issues Guidance, Request for Comment on AI Inventorship

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On February 13, 2024, the US Patent & Trademark Office (PTO) issued a notice with examination guidance and request for comment regarding inventorship in applications involving artificial intelligence (AI)-assisted inventions....more

WilmerHale

CFTC Issues Request for Comment on Uses of AI

WilmerHale on

On January 25, 2024, the Commodity Futures Trading Commission’s (CFTC) Staff issued a request for comment (RFC) on the current and potential uses and risks of artificial intelligence (AI) in the markets that the CFTC...more

EDRM - Electronic Discovery Reference Model

Public Comments on Proposed 5th Circuit A.I. Rule

In Attys Split On 5th Circ.’s Proposed AI, Accuracy-Check Rule – Law360 (Jan. 30, 2024), Lauren Berg reported on the current status of a 5th Circuit proposed A.I. rule. Ms. Berg’s article stated that reactions “span from one...more

Davis Wright Tremaine LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review

Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review - A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been...more

Holland & Knight LLP

U.S. Copyright Office Wants to Hear Your Comments and Concerns About Artificial Intelligence

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If your business currently uses artificial intelligence (AI), is considering using AI in the future or is concerned about how AI may impact your business, the U.S. Copyright Office wants to hear from you. Earlier this year,...more

McDermott Will & Emery

Recent Developments Related to Generative AI and Copyright Law

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The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship,...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: US Copyright Office Undertakes Study of Copyright Law and Policy Issues Raised by AI

On August 30, 2023, the U.S. Copyright Office published a notice of inquiry and request for comment (Notice) in connection with its ongoing study of the copyright law and policy issues raised by artificial intelligence (AI)....more

K&L Gates LLP

Biden Administration Seeks Input on AI Risks and Opportunities

K&L Gates LLP on

The Biden administration is stressing its interest in the rapid adoption of policies to shape the development and adoption of artificial intelligence (AI) technologies. The White House Office of Science and Technology Policy...more

Morgan Lewis

Holding AI Accountable: NTIA Seeks Public Input to Develop Policy

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As artificial intelligence (AI) powered applications continue to increase in popularity, the National Telecommunications and Information Administration (NTIA) now seeks comments and public input with the aim of crafting a...more

Nelson Mullins Riley & Scarborough LLP

FDA Publishes Groundbreaking AI/ML Medical Device Draft Guidance

The U.S. Food and Drug Administration (“FDA”) has announced its first-ever draft guidance specifically addressing the use of artificial intelligence/machine learning (“AI/ML”) in medical devices (“Draft Guidance”).This...more

Morgan Lewis

NYC Postpones Enforcement of AI Bias Law Until April 2023 and Revises Proposed Rules

Morgan Lewis on

The New York City Department of Consumer and Worker Protection (DCWP) announced that it would postpone enforcement of New York City Local Law 14a4 (the AI Law) from January 1, 2023, to April 15. The DCWP also released further...more

Goodwin

FDA Issues Guiding Principles for Good Machine Learning Practice for Medical Device Development

Goodwin on

On October 27, 2021, the U.S. Food and Drug Administration (FDA), Health Canada and the United Kingdom’s Medicines and Healthcare products Regulatory Agency (MHRA) issued a set of ten guiding principles meant to aid the...more

McDermott Will & Emery

FDA Issues Good Machine Learning Practice Guiding Principles

McDermott Will & Emery on

On October 27, 2021, pursuant to the Artificial Intelligence/Machine Learning (AI/ML)-Based Software as a Medical Device Action Plan (Action Plan), the US Food and Drug Administration (FDA) released its Good Machine Learning...more

K&L Gates LLP

K&L Gates Triage: ONC Signals Federal Health IT Priorities with 2020-2025 Strategic Plan

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In this week’s episode, Ryan Severson discusses the Federal Health IT Strategic Plan, which was recently released by the Office of the National Coordinator for Health Information Technology (“ONC”). Mr. Severson discusses...more

Skadden, Arps, Slate, Meagher & Flom LLP

Commerce Department Will Move Forward With More Stringent Export Controls for Certain Emerging Technologies

Through the Export Control Reform Act of 2018 (ECRA), which was enacted in August 2018, Congress directed the U.S. Department of Commerce to conduct an interagency review process to identify “emerging and foundational...more

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