Category: Responsible AI
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GenAI: The Ultimate in Diffusion-of-Responsibility Technology [Part 3 of 5 of the Passing the Blame series]
![GenAI: The Ultimate in Diffusion-of-Responsibility Technology [Part 3 of 5 of the Passing the Blame series]](https://koailaw.com/wp-content/uploads/2024/12/DALL·E-2024-12-28-05.54.51-A-cartoon-style-illustration-of-robots-arranged-in-a-circle-each-robot-pointing-at-the-one-next-to-it.-In-the-center-of-the-circle-the-text-Not-My-.webp)
Generative AI (GenAI) has transformed how businesses and individuals leverage artificial intelligence. However, it also introduces unprecedented challenges in assigning accountability and managing liability for AI-generated content or decisions. Read more
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Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 2 of 5 – Negligence & Contract Law]
![Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 2 of 5 – 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 5 – Product liability law]
![Parsing the Blame: How AI slips through the cracks of third-party liability law [Part 1 of 5 – 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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The Sedona Conference publishes article on Testing the Limits of the IP Legal Regimes: The Unique Challenges of AI
When Paul R. Michel was approached about co-authoring a paper on the substantive issues that generative artificial intelligence poses to intellectual property law, the retired chief judge of the U.S. Court of Appeals for the Federal Circuit didn’t think the challenges were all that formidable. But as Judge Michel and co-author Jim W. Ko began… 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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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 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… Read more
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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… Read more