The development of AI continues to advance at a blistering pace, increasing the need for companies to employ AI governance and adopt policies for the responsible development and deployment of AI. While the term “responsible AI” is frequently used, it is rarely understood and often complex. Fortunately, a growing body of resources are becoming available to help companies understand and implement responsible AI. Two of the more recent resources are a set of publications by NIST (the National Institute of Standards and Technology) and Microsoft. These publications provide examples of efforts by these institutions to develop best practices for responsible AI development.Continue Reading Responsible AI – Everyone is Talking About it But What Is It?

On March 28, 2024, the Office of Management and Budget (“OMB”) issued Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (the “Memo”). This is the final version of a draft memorandum OMB released for public comment on November 1, 2023. The Memo primarily focuses on agency use of AI and outlines minimum practices for managing risks associated with the use of AI in the federal government. The Memo also provides recommendations for managing AI risks in federal procurement of AI that industry should keep in mind, specifically entities developing AI tools to sell to the federal government.Continue Reading Better Safe Than Sorry: OMB Releases Memorandum on Managing AI Risks in the Federal Government

We have now reached the 180-day mark since the White House Executive Order (EO) on the Safe, Secure and Trustworthy Development of AI and we are seeing a flurry of mandated actions being completed. See here for a summary of recent actions. One of the mandated actions was for the National Institute of Standards and Technology (NIST) to update its January 2023 AI Risk Management Framework (AI RMF 1.0), which it has now done. To this end, NIST released four draft publications intended to help improve the safety, security and trustworthiness of artificial intelligence (AI) systems and launched a challenge series to support development of methods to distinguish between content produced by humans and content produced by AI.Continue Reading NIST Updates AI RMF as Mandated by the White House Executive Order on AI

This is the second post in a two-part series on PrivacyCon’s key-takeaways for healthcare organizations. The first post focused on healthcare privacy issues.[1] This post focuses on insights and considerations relating to the use of Artificial Intelligence (“AI”) in healthcare. In the AI segment of the event, the Federal Trade Commission (“FTC”) covered: (1) privacy themes; (2) considerations for Large Language Models (“LLMs”); and (3) AI functionality.Continue Reading Artificial Intelligence Highlights from FTC’s 2024 PrivacyCon

Massachusetts Attorney General Andrea Campbell issued an advisory (“Advisory”) warning to developers, suppliers, and users of artificial intelligence and algorithmic decision-making systems (collectively, “AI”) about their respective obligations under the Massachusetts’ Consumer Protection Act, Anti-Discrimination Law, Data Security Law and related regulations. There is not much surprising here, as the Advisory addresses many of the same issues raised in the White House Executive Order and Federal Trade Commission (FTC) guidance. It is helpful however in clarifying, for consumers, developers, suppliers, and users of AI systems, specific aspects of existing state laws and regulations that apply to AI and that these laws and regulations apply to the same extent as they apply to any other product or application within the stream of commerce.Continue Reading Massachusetts AG Says Consumer Protection, Civil Rights, and Data Privacy Laws Apply to Artificial Intelligence

Colorado is the latest state to introduce a bill focused on consumer protection issues when companies develop AI tools. The bill imposes obligations on developers and deployers of AI systems. Additionally, the bill provides an affirmative defense for a developer or deployer if the developer or deployer of the high-risk system or generative system involved in a potential violation: i) has implemented and maintained a program that complies with a nationally or internationally recognized risk management framework for artificial intelligence systems that the bill or the attorney general designates; and ii) the developer or deployer takes specified measures to discover and correct violations of the bill. The obligations imposed adhere to responsible AI policy, including adopting and documenting policies to avoid algorithmic discrimination, requiring transparency and documentation of the design, data and testing used to build AI tools, avoiding copyright infringement, marking and disclosing to consumers that the synthetic content output was generated by AI tools. The bill also requires disclosure of risks, notifications if the tool makes a consequential decision concerning a consumer and other disclosures.Continue Reading Colorado Introduces an AI Consumer Protection Bill

The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). As a follow up, the USPTO has now published additional guidance in the Federal Register on some important issues that patent and trademark professionals, innovators, and entrepreneurs must navigate while using artificial intelligence (AI) in matters before the USPTO. The guidance recognizes that practitioners use AI to prepare and prosecute patent and trademark applications. It reminds individuals involved in proceedings before the USPTO of the pertinent rules and policies, identifies some risks associated with the use of AI, and provides suggestions to mitigate those risks. It states that while the USPTO is committed to maximizing AI’s benefits, the USPTO recognizes the need, through technical mitigations and human governance, to cabin the risks arising from the use of AI in practice before the USPTO. The USPTO has determined that existing rules protect the USPTO’s ecosystem against such potential perils and thus no new rules are currently being proposed.Continue Reading USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

The NY State Bar Association (NYSBA) Task Force on Artificial Intelligence has issued a nearly 80 page report (Report) and recommendations on the legal, social and ethical impact of artificial intelligence (AI) and generative AI on the legal profession. This detailed Report also reviews AI-based software, generative AI technology and other machine learning tools that may enhance the profession, but which also pose risks for individual attorneys’ understanding of new, unfamiliar technology, as well as courts’ concerns about the integrity of the judicial process. It also makes recommendations for NYSBA adoption, including proposed guidelines for responsible AI use. This Report is perhaps the most comprehensive report to date by a state bar association. It is likely this Report will stimulate much discussion.Continue Reading NY State Bar Association Joins Florida and California on AI Ethics Guidance – Suggests Some Surprising Implications

AI tools such as Chat GPT and Otter are becoming common programs that employees use to help streamline business tasks. Otter, for example, is an AI Meeting Assistant that automatically transcribes and summarizes meetings in real time, records audio, captures slides, extracts action items, and generates content such as e-mails and status updates. While tools like Otter may provide quick answers or help synthesize a large volume of information, employers and employees alike should be mindful of the types of information fed to (and possibly stored in) AI programs. The use of an AI tool to, for example, record a meeting that discusses company confidential information, can give rise to claims of trade secret misappropriation.Continue Reading Mind Your Audience: Disclosure of Confidential Information to AI Programs Can Give Rise to Trade Secret Misappropriation Claims

The AI landscape is rapidly changing. To keep you up to date on the fast breaking legal updates in the AI space, we will be providing weekly updates summarizing significant news and legal developments, ranging from AI lawsuits and enforcement actions to legislation and regulations. Below are some highlights of key developments and articles you can view to learn more.Continue Reading AI Legal Updates