Blog
Purpose
1. to provide the legal and business communities a curated series of articles …
… to keep pace with the rapid and sweeping societal changes initiated by the rise of AI while mitigating the risks of government overreach or excessive litigation.
2. to provide a private forum for members of The Sedona Conference Working Group 13 on AI Law to engage in an ongoing dialogue…
… advancing its efforts to draft consensus, nonpartisan commentaries, including Principles and Best Practice recommendations to move the law forward “in a reasoned and just way.”
*Note: Nothing in this blog constitutes legal advice or the formation of any attorney-client relationship. See Disclaimers.
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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”…
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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…
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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…
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The Law and Ethics of Generative AI Use of Copyrighted Works
I. Introduction My deeply profound guiding Principle No. 1 for Responsible AI (“Don’t be scum”) starts not being quite so helpful right around here. My IP head and my IP heart diverge here when analyzing generative AI use of copyrighted works to train its AI models. This is where law and ethics collide. Let’s look…
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Your duties to your AI customers and their private data
Any discussion of “responsible AI” and your use of AI customer data simply cannot start with the pretense: “It’s currently not illegal, so we’re good!” As noted in our discussion of deepfake pornography last week, the law simply hasn’t caught up with the technology. Perhaps the same can be said for data privacy issues. But…
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Pornography deepfakes: My body and identity, my choice
This post discussed leveraging “responsible AI” to negotiate AI contracts regarding liability for deepfake pornography. It presents the current state of legislative efforts on this issue. Then notes that AI business cooperation will be necessary to combat deepfakes. Then assesses how current IP provider’s customer policies address pornography deepfakes. And concludes by providing guidance on…
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Your guide to responsible AI contracting. Part 1: Don’t be scum.
I. What is “responsible AI”? Most people would agree we should implement AI responsibly and appropriately balance the interests of each stakeholder and society. But AI may be the most disruptive innovation in history, promising to increase overall productivity and displace workers to an unprecedented degree. Figuring out what the proper balance is not easy.…
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Are we sure trade secrets are the way to go for protecting your AI?
Trade secrets for AI are at risk due to potential regulatory measures by the U.S government. The President’s 2023 Executive Order on AI does not address its impact on trade secret protections for AI. AI innovations are often kept as trade secrets, especially for AI providers who use SaaS, which makes reverse engineering impossible. However,…
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…and without implementing AI successfully, you will be replaced.
[updated Nov. 2024] Hyperbole? No, at least not for many industries. Businesses and individuals who figure out how to implement AI successfully will operate far more efficiently than those who don’t. And the already starving artist is facing its greatest existential crisis; there’s seemingly nothing to do but protest. Employee displacement by generative AI—which generates…
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Without intellectual property (IP), you are replaceable….
[updated Nov. 2024] If your business has no IP, you are replaceable. By any of your competitors. How much of your potential patent, trademark, copyright, and trade secret rights (the 4 main categories of IP) have you realized? This article is the definitive visual guide for understanding IP and your tech company. It provides a…