A Technology With Immense Potential

But Wide-Ranging Legal Ramifications

Artificial intelligence (AI) is a technology with immense potential to change our world and every area of our daily life. From employee use for business automation and consumer-focused generative IP to self-driving cars (and lawyering), AI is poised to be one of the most innovative technologies of our lives. However, with such great potential inevitably comes global regulatory scrutiny and the subsequent development of legal frameworks that companies need to comply with, ranging from the European Union’s recently passed AI Act to laws emerging in the United States, such as the case with Utah’s recent AI law, and beyond. There are also various ethical questions relating to artificial intelligence and liability ramifications, as well as unknowns about how existing intellectual property law corresponds to this new paradigm. Since AI is a nascent and rapidly evolving technology with increased capability developing swiftly, novel legal questions are arising in tandem, such as significant questions on the privacy law front, including those concerning AI and location data. These are only a few of the numerous legal ramifications of AI, which will continue to evolve and expand. Regardless, regulators and lawmakers are putting an increasing focus on implementing legal frameworks for AI. Further, private actions, including class actions and other multi-district litigation (MDL), are proliferating in the artificial intelligence space, and many of the leading voices see an imminent surge of AI-related litigation.

At RICHT, we are AI lawyers focused on working with clients to shape the artificial intelligence space and stay ahead of the regulatory curve. Whether it is privacy compliance and intellectual property considerations, and in particular copyright law, for the development of a large language model (LLM) or drafting and negotiating vendor agreements to limit training on data and provide for adequate indemnification, among other legal considerations, we are here to help empower clients to leverage AI for continued innovation while accounting for legal risk.

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    AI Law FAQs

    Since artificial intelligence is evolving rapidly and bringing so many novel applications, we regularly have to confront legal questions as AI encounters legal frameworks that may be decades or even centuries old and certainly did not envision AI when the laws were formulated. For example, copyright law has existed in some form in common or statutory law for centuries. The courts are currently challenged about how historical laws protecting intellectual property (IP) should treat AI, whether concerning training models or their outputs. Other significant legal ramifications for AI center around privacy and data protection, including as they relate to who owns data and how privacy rights can be exercised in the ecosystem of artificial intelligence. Further, sectors with particularly valuable applications for AI tools, such as healthcare and human resources and recruiting, are getting additional scrutiny from regulators to ensure that utility is not the only factor considered and that the rights of individuals are protected. Relevant regulators such as the Department of Health & Human Services (HHS), the Federal Trade Commission (FTC), the Securities Exchange Commission (SEC), and the National Institute for Standards and Technology (NIST) are increasingly putting out rules and guidance for how AI can and cannot be used. Jurisdictions ranging from individual states in the United States and Congress on the federal level are deliberating and, in some cases, passing AI-specific legislation. Internationally, there is plenty of regulatory activity pertaining to AI, including but not limited to the European Union (EU) recently passing the AI Act.

    Artificial Intelligence (AI) Law News



    Cloud Giants Offer Only Limited Protection to Businesses Over AI Copyright Claims

    The world’s biggest cloud computing companies that have pushed new artificial intelligence tools to their business customers are offering only limited protections against potential copyright lawsuits over the technology.

    AI Law
    Copyright Law

    EU Reaches Deal On World's First Comprehensive AI Regulation

    After three days of intense negotiations, the European Union reached a political agreement 8 Dec. on the Artificial Intelligence Act, which would be the world’s first comprehensive regulation of AI.

    AI Law
    The New York Times

    Biden to Issue First Regulations on Artificial Intelligence Systems

    In an order to be issued, the White House will outline requirements that the most advanced A.I. products be tested to assure they cannot be used to produce weapons, among other regulations.

    AI Law

    AI vs. privacy: How to reconcile the need for sensitive data with the principle of minimization

    In the interest of good privacy practices, companies limit or avoid the collection of sensitive data, such as race or ethnicity, but then realize that without it, they are less able to engage in adequate artificial intelligence bias testing.

    AI Law
    Wall Street Journal

    White House Issues ‘Blueprint for an AI Bill of Rights’

    The White House on Tuesday issued guidelines aimed at safeguarding personal data from misuse in artificial-intelligence algorithms that drive hiring, lending and other business decisions.

    AI Law
    Harvard Law School Forum on Corporate Governance

    Generative Artificial Intelligence and Corporate Boards: Cautions and Considerations

    Generative AI (i.e., AI creating original content using machine learning and neural networks) has captivated people everywhere, producing a range of responses from doomsday warnings of machines rendering humans extinct to rosy dreams where machines possess magical properties. In corporate boardrooms, however, a more sober conversation is occurring.

    AI Law
    National Institute of Standards and Technology (NIST)

    NIST Risk Management Framework Aims to Improve Trustworthiness of Artificial Intelligence

    New guidance seeks to cultivate trust in AI technologies and promote AI innovation while mitigating risk.

    AI Law

    ChatGPT Ban Lifted in Italy After Data-Privacy Concessions

    Developer OpenAI made the changes after Italy’s privacy regulator temporarily barred the AI tool.

    AI Law
    The Center for Data Innovation

    Critics of Generative AI Are Worrying About the Wrong IP Issues

    Critics argue developers of generative AI systems such as ChatGPT and DALL-E have unfairly trained their models on copyrighted works.

    AI Law

    Privacy & Responsible AI

    Artificial intelligence and machine learning are advancing at an unprecedented speed. This raises the question: How can AI/ML systems be used in a responsible and ethical way that deserves the trust of users and society?

    AI Law

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