News and Analysis of Artificial Intelligence Technology Legal Issues

State Laws

State laws affecting AI technologies

Federal Laws

Federal laws affecting AI technologies

AI Cases

Important judicial opinions discussed

Analysis

Recent Court Decisions Boost the Outlook for Artificial Intelligence Patents

Machine learning enthusiasts have long touted the technology’s ability to perform–and sometimes exceed–human mental endeavors, such as identifying objects in images, generating a portrait painting, deciding to grant a loan application, optimizing a route to a destination, and efficiently responding to website visitor or customer queries. In recent years, such computerized “mental processes” have been denied patent protection, a trend underscored by U.S. federal district and Federal Circuit patent decisions issued in the wake of the U.S. Supreme Court’s seminal Alice Corp. v. CLS Bank Int’l opinion in 2014, which provided today’s legal framework for determining whether an invention is…

Distributed Artificial Intelligence Systems, Edge Computing, and the Extraterritoriality Doctrine: Testing the Reach of State Privacy Laws

In Patel v. Facebook, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit affirmed a decision by the U.S. District Court for the Northern District of California granting class certification to users of Facebook who alleged that Facebook’s collecting and storing of their face scans using facial recognition technology violated Illinois’s Biometric Information Privacy Act (“BIPA”). In doing so, the panel, based in San Francisco, relied on BIPA’s legislative history to conclude that, “it is reasonable to infer that the General Assembly contemplated BIPA’s application to individuals who are located in Illinois, even if some…

Does Illinois’ Artificial Intelligence Video Interview Bill Fully Address Biometric Data Privacy Concerns?

Developers of artificial intelligence-based video interviewing systems promote their technology as one that helps human resource professionals on-board new talent faster, less expensively, and with greater insight compared to traditional human-only interviewing techniques. They also contend that their systems can avoid some of the potential implicit biases that may appear before, during, and after interviews, thus reducing risks to companies while leveling the playing field for qualified job applicants. But because those AI system have the potential to collect, store, and use data reflecting a job candidate’s face and voice, lawmakers in Illinois passed the Artificial Intelligence Video Interview Act…

California Court Agrees With Autonomous Driving Company’s Source Code Misappropriation Claims, Issues Preliminary Injunction

In WeRide Corp. v. Huang et al., the U.S. District Court for the Northern District of California issued an order granting a motion for a preliminary injunction and expedited source code discovery.  In doing so, the court concluded that plaintiff’s source code for Level 4 highly autonomous vehicles (HAVs) was a protected trade secret under the federal Defend Trade Secrets Act (DTSA) and California’s Uniform Trade Secrets Act (Cal-UTSA).  The court also concluded that plaintiff was likely to succeed on the merits of its trade secret misappropriation claim against one of its former employees and a China-based company that the…

Civil Litigation Discovery Approaches in the Era of Advanced Artificial Intelligence Technologies

For nearly as long as computers have existed, litigators have used software-generated machine output to buttress their cases, and courts have had to manage a host of machine-related evidentiary issues, including deciding whether a machine’s output, or testimony based on the output, could fairly be admitted as evidence and to what extent. Today, as litigants begin contesting cases involving aspects of so-called intelligent machines–hardware/software systems endowed with machine learning algorithms and other artificial intelligence-based models–their lawyers and the judges overseeing their cases may need to rely on highly-nuanced discovery strategies aimed at gaining insight into the nature of those algorithms,…