YouTube has announced a slate of new AI detection tools to enhance its ContentID system. The tools are designed to address the challenges posed by AI-generated content, which is becoming increasingly prevalent and sophisticated. The announcement coincides with industry-wide calls for more robust detection mechanisms as the lines between AI-generated and human-produced content continue to blur.Continue Reading YouTube Unveils AI Detection Tools: Advancing ContentID for the AI Era
Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and transparency in digital advertising. Below is a summary of the key provisions of each bill:Continue Reading California Takes Action Against Deepfakes: Five New Bills Signed Into Law
On August 8, 2024, the Federal Communications Commission (“FCC”) issued a Notice of Proposed Rulemaking (“NPRM”) to address the growing use of AI-generated robocalls. The FCC’s NPRM follows a 2023 inquiry proceeding into how the FCC could use its authority under the Telephone Consumer Protection Act (“TCPA”) to better protect consumers from unwanted or illegal robocalls.Continue Reading FCC Proposes New Rules Governing AI-Generated Robocalls
In a historic turn of events, California is poised to become the first state to enact comprehensive AI safety legislation with the introduction of SB 1047. This bill, designed to address the potential risks associated with advanced AI technologies, has ignited intense debate within the tech community and among policymakers.Continue Reading California’s AI Safety Bill: A Groundbreaking Move Amidst Industry Controversy and What AI Developers Can Do to Prepare
In an era where artificial intelligence (AI) is reshaping landscapes in the healthcare industry and beyond, understanding the governance of AI technologies is paramount for organizations seeking to utilize AI systems and tools. AI governance encompasses the policies, practices, and frameworks that guide the responsible development, deployment, and operation of AI systems and tools within an organization. By adhering to established governance principles and frameworks, organizations can ensure their AI initiatives align with ethical standards and applicable law, respect human rights, and contribute positively to society. Various international organizations have set forth AI governance principles that provide organizations with a solid foundation to develop organizational AI governance based on widely shared values and goals.Continue Reading Navigating the Complex Landscape of AI Governance: Principles and Frameworks for Responsible Innovation
On August 21, 2024, Sheppard Mullin’s Healthy AI team conducted a CLE webinar on what hospitals, health systems and provider organizations should consider in building an artificial intelligence (“AI”) governance program. As they discussed, key elements of an AI governance program include: (1) an AI governance committee, (2) AI policies and procedures, (3) AI training, and (4) AI auditing and monitoring. These components of an AI governance program will help healthcare organizations embrace the complexities of AI use in healthcare by establishing appropriate guardrails and systematic practices to encourage its safe, ethical, and effective use. This post reviews each of the key elements.Continue Reading Key Elements of an AI Governance Program in Healthcare
Given the introduction of the ‘NO FAKES’ Act by a bi-partisan group of senators within days of U.S. Copyright Office’s release of its digital replicas report asserting an “urgent need” for more cohesive protections at the federal level, it’s clear that momentum is building for federal oversight in the realm of deepfake and digital replication technology. This legislative effort is intertwined with broader national and global discussions about AI’s impact on privacy, intellectual property, and personal identity, alongside existing gaps in enforceable protections.Continue Reading Closer to a Federal Right of Publicity – Senate Introduces NO FAKES Act
After almost 2 years of negotiations over a new interactive media agreement with video game industry giants such as Activision, Electronic Arts, Warner Bros. and Walt Disney Co., video game performers voted to strike as of Friday, July 26, 2024. The crux of the issue being negotiated surrounds artificial intelligence (“AI”) and performers’ fears that its unbridled use could provide game makers with a means to replace them by training AI to replicate an actor’s voice, or to create a digital replica of their likeness without consent and without fair compensation.[1]Continue Reading Game On: SAG-AFTRA’s Video Game Performer Members Strike Over AI Concerns
As general interest and investment in AI has accelerated since the initial public launch of ChatGPT, so too has the U.S. federal government both increased its spending in the area[i] and the speed with which it adopted guidelines on the utilization of AI more generally.[ii] This tracks other actions outside the U.S.,[iii] and anticipates corresponding initiatives at the state and municipal levels.[iv]Continue Reading AI Considerations in Government Contract-Related M&A Transactions
As we stand on the cusp of transformation in the commercial real estate industry, one cannot help but recall the sage words: “With great power comes great responsibility.” In an era marked by technological advancements occurring at a blistering pace, the real estate industry (commercial, industrial, residential, office, hotel and every other class of real estate) stands on the brink of transformation and the seemingly limitless promise and power of generative artificial intelligence (AI) looms large as both a disruptor and a savior. There is no ignoring it, just like virtually every other industry, the real estate industry is changing rapidly through the use of AI, and if you aren’t adapting your business to account for those changes, you are putting your business at significant risk. Traditionally, change in the commercial real estate industry has been akin having an oil tanker make a 180-degree turn – slow, laborious and infrequent. The changes that have been brought upon by AI are more like making a 180-degree turn in a Ferrari – fast, easy and frequent. However, these competitive and rapid shifts, while alluring, come with increased risks and the need to proactively manage those risks. The questions on everyone’s mind are: (i) Can AI really predict the future success of a project, (ii) how trustworthy is AI, (iii) how is AI going to change my business and (iv) what do I need to be worried about? Every day, public and private organizations are working towards answering those questions, not only developing reliable tools, but regulating the use of those tools to insure an even playing field. Continue Reading AI is Changing the Real Estate Industry. How Will It Impact Your Business?
Is your M&A target a company that develops or uses artificial intelligence (“AI”) tools? AI, and generative AI technologies specifically, are powerful business tools but present novel legal issues in the context of M&A transactions. It is increasingly important to identify and understand the unique legal risks associated with the use of AI technologies, tailor your diligence to investigate them and include AI-specific reps and warranties in your deal documents. To effectively do this, it is important to have someone well-versed in AI technology and the associated legal issues on the deal team. Many subtle issues, if not properly understood and addressed, can lead to liability and/or loss of business value. The attached article addresses the expansion of due diligence, beyond standard tech diligence, to include the analysis of AI tools developed or used by the target. It covers some of the key AI-specific legal issues to consider in M&A, but the issues in each transaction will be unique depending on the target company’s involvement with AI. Once you understand the target company’s involvement with AI, it is important to consider the unique legal issues and the diligence needed beyond the standard diligence questions.Continue Reading M&A Transactions: Diligencing AI Issues with Target Companies