Category: Responsible AI
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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
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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… Read more
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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.… Read more