China’s Regulation of Internet Recommender Systems: What U.S. Companies Should Know
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
2y ago
China’s new Internet recommender system regulations go into effect today, March 1, 2022. U.S. companies that employ recommender and similar content decision algorithms in their apps and websites used in China should already be in compliance. For those that are still evaluating their policies and practices and want to know more about the new regulations and whether they apply, the following summary of key elements may be helpful. As with any regulatory applicability determination, companies should consult their legal counsel for guidance. What are China’s regulations called? According to an Eng ..read more
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Transparency, Recommender Systems, and a Missed Opportunity for Lawmakers
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
2y ago
Social media companies may be feeling relief after Indiana lawmakers dropped a transparency requirement from a proposed state consumer privacy bill, SB358, which in its introduced form contained the following potentially controversial disclosure requirement (relevant portion shown): Chapter 2. Disclosure of Social Media Administrative Procedures   Sec. 1. (a) The owner or operator of a social media service shall publish on the social media service’s Internet web site the procedures, standards, policies, algorithms, or other mechanisms used by the owner or operator for the following purpo ..read more
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Brainwaves, Plagiarism, Manufactured Evidence, and AI Source Code Theft: A Trade Secrets Story
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
2y ago
Aside from a few criminal cases involving national technology secrets, trade secret lawsuits, by their nature, don’t often grab headlines. Mostly they involve unremarkable factual and legal issues involving misappropriation of company proprietary information. Not so the case of Brainwave v. Arshee, where the facts and bold allegations by some of the parties offer a compelling story of alleged software theft, plagiarism, and manufactured evidence involving former high-ranking executives. Brainwave Sci., Inc. v. Arshee, Inc., slip. op. No. 21-cv-4402 (BMC) (E.D.N.Y. Dec. 13, 2021).  Its jur ..read more
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Are Europe’s Proposed AI Regulations Tough Enough?
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
The European Commission’s proposed new regulations for artificial intelligence (AI) technologies and systems (link to PDF here; issued April 21, 2021) include enforcement provisions that would empower public authorities to monitor regulated AI entities operating in the European Union (EU) and seek stiff fines from those that do not comply with the rules. The proposed regulations would also grant authorities the power to impose non-monetary penalties, including ordering offending companies to remove their AI systems from the EU market. These are some tough measures, assuming public authorities ..read more
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Approaching Applicability of Europe’s Proposed AI Regulations as a Classification Task
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
The European Commission cast a wide regulatory net over artificial intelligence (AI) technologies and practices last month when it proposed new rules for AI on April 21, 2021 (link to PDF here). Similar to how the AI technologies the rules are intended to regulate solve problems, assessing whether the Regulations apply to a particular AI system or practice essentially reduces to a data-driven classification solution, though a complex and legal one. The task involves assigning the AI system or practice to the most appropriate “prohibited,” “high risk,” “limited risk,” or “minimal risk” category ..read more
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Proposed New EU AI Regulations: A Pre-Planning Guide for U.S. In-House Counsel
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
If the EU Commission’s newly proposed harmonized rules on Artificial Intelligence (the “Artificial Intelligence Act”) (published April 21, 2021) are adopted, U.S.-based AI companies operating in European Union countries (or expecting to do so) may soon be subject to significant new regulatory requirements. The proposed regulations, with few exceptions, would apply to companies or individuals (“providers”) who place on the market or put into service certain high-risk AI systems in the EU, “users” (including companies) of those AI systems who are located in the EU, and providers and users of suc ..read more
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Artificial Intelligence and Trust: Improving Transparency and Explainability Policies to Reverse Data Hyper-Localization Trends
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
In this peer-reviewed article (Journal of Science and Law; open source), my co-author and I discuss how access to data is an essential part of artificial intelligence (AI) technology development efforts. But government and corporate actors have increasingly imposed localized and hyper-localized restrictions on data due to rising mistrust—the fear and uncertainty about what countries and companies are doing with data, including perceived and real efforts to exploit user data or create more powerful and possibly dangerous AI systems that could threaten civil rights and national security. If the ..read more
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FTC Orders AI Company to Delete its Model Following Consumer Protection Law Violation
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
The nation’s consumer protection watchdog–the Federal Trade Commission (FTC)–took extraordinary law enforcement measures on January 11, 2021, after finding an artificial intelligence company had deceived customers about its data collection and use practices. In a first of its kind settlement involving facial recognition surveillance systems, the FTC ordered Everalbum, Inc., the now shuttered maker of the “Ever” photo album app and related website, to delete or destroy any machine learning and other models or algorithms developed in whole or in part using biometric information it unlawfully col ..read more
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Artificial Intelligence, GANs, and the law of Synthetic Data: Lawmakers React to False Media Content
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
It didn’t take long for someone to turn generative adversarial networks (GAN)–a machine learning technique that at first blush seemed benign and of somewhat limited utility at its unveiling–into a tool with the ability to cause real harm.  Now, Congress has stepped up and passed legislation to focus the federal government’s attention on the technology.  If signed by the president, the legislation will require two federal agencies to study the role GANs play in producing false media content and report their findings back to respective House and Senate committees, which is seen as a pr ..read more
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A Look Into the Future of AI Governance
Artificial Intelligence Technology and the Law Blog
by Brian Higgins
3y ago
The year 2020 may be remembered for its pandemic and presidential election. But it also marked a turning point in efforts to regulate artificial intelligence (AI) technologies and the systems that embody them. State lawmakers in two states joined Illinois in enacting laws directed at AI-generated biometric data, and federal lawmakers introduced their own measure.  The White House in January began exploring frameworks for governing AI.  Still, the AI legal landscape remains uncertain especially for stakeholders who develop and use AI systems and want more predictability so they can pr ..read more
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