Author: Jim W. Ko
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Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 2 of 4 – Negligence & Contract Law]
![Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 2 of 4 – Negligence & Contract Law]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-13-13.00.07-An-AI-robot-in-a-futuristic-setting-depicted-as-clumsily-and-negligently-breaking-a-fragile-object-such-as-a-glass-vase-or-electronic-device.-The-ro.webp)
Who will be liable when an AI implementation harms either its users or unrelated third parties? In Part 1 of this series last week, we explored how software is presumptively treated as a “service”—not a “product”—and thus is not subject to strict product liability law. So what theories of liability are applicable when software output… Read more
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Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 1 of 4 – Product liability law]
![Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 1 of 4 – Product liability law]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-03-20.54.09-A-detailed-and-symbolic-illustration-showing-artificial-intelligence-AI-represented-as-a-glowing-humanoid-figure-or-neural-network-contorting-its-bo.webp)
Explore the complexities of AI liability in the evolving legal landscape. From product liability to on-presmises software to software-as-a-service (SaaS), uncover how laws for tangible goods differ from those governing intangible services like AI. Delve into key cases, challenges, and the implications for accountability in our interconnected AI age. Read more
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The Sedona Conference Launches Dialogue on Artificial Intelligence and the Law
The Sedona Conference, one of the nation’s leading nonpartisan think-tanks on issues of law and technology, will be launching its Working Group 13 on Artificial Intelligence and the Law in January, building on its long-standing reputation in the areas of eDiscovery, digital records management, patent litigation, trade secrets, cybersecurity, data privacy, and cross-border data transfers.… Read more
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Ko-Michel article on IP and AI law forthcoming
Jim W. Ko is co-authoring a paper on Testing the Limits of the IP Legal Regimes: The Unique Challenges of Artificial Intelligence with former Chief Judge Paul Michel of the Federal Circuit, in conjunction with The Sedona Conference’s upcoming Conference on AI and IP Law . Can the policy objectives behind the current intellectual property… Read more
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Regulating the regulators: Ensuring patent examiners use AI “responsibly”
The patent examination process—whereby the U.S. Patent and Trademark Office reviews patent applications and issues or grants those that meet the requirements for patentability—is tailor-made for the implementation of AI. But what are the risks to the quality and fairness of the patent examination process when the USPTO implements AI? And what policies and procedures… Read more
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Privacy-enhancing technologies: Will AI providers be held accountable too?
[Privacy-Enhancing Technologies] could usher in a paradigm shift in how we as a society protect privacy while deriving knowledge from data. However, there are also risks that PETs could provide a false veneer of privacy, misleading people into believing that a data sharing arrangement is more private than it really is. Alexander Macgillivray & Tess… Read more
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Jim W. Ko has joined the Wood Phillips IP firm
Pleased to announce that I am folding my solo practice focused on IP & AI law into Wood Phillips (www.woodphillips.com), a boutique IP firm based in Chicago, effective February 1, 2024. Thrilled to be joining such a terrific, experienced team (but also to be staying put here in Phoenix, in particular this time of year!). Read more
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Bias in, bias out: The algorithmic discrimination challenge
“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual … because of such individual’s race, color, religion, sex, or national origin” Title VII of the Civil Rights Act of 1964 I. Introduction Protection against “algorithmic discrimination”… Read more
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The Oct. 2023 Executive Order on AI: You Missed a Spot…
Today, President Biden is issuing a landmark Executive Order to ensure that America leads the way in seizing the promise and managing the risks of artificial intelligence (AI). The Executive Order establishes new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers, promotes innovation… Read more
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U.S. Federal Regulation of AI: A Visual Guide
The below chart is a visual guide to the various U.S. executive agencies’ regulation of artificial intelligence by subject area, based in part on President Biden’s October 2023 Executive Order on AI. Since the focus of the Order is on “the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” it is (perhaps) not… Read more