News and Analysis of Artificial Intelligence Technology Legal Issues

State Laws

State laws affecting AI technologies

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Federal laws affecting AI technologies

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Important judicial opinions discussed

Analysis

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,…

Congress, States Introduce New Laws for Facial Recognition, Face Data – Part 2

In Part I, new proposed federal and state laws governing the collection, storage, and use of face (biometric) data in connection with facial recognition technology were described.  If enacted, those new laws would join Illinois’ Biometric Information Privacy Act (BIPA), California’s Consumer Data Privacy Act (CCPA), and Texas’ “biometric identifier” regulations in the governance of face-related data.  It is reasonable for businesses to assume that other state laws and regulations will follow, and with them a shifting legal landscape creating uncertainty and potential legal risks.  A thoughtful and proactive approach to managing the risks associated with the use of facial…

Congress, States Introduce New Laws for Facial Recognition, Face Data – Part I

Companies developing artificial intelligence-based products and services have been on the lookout for laws and regulations aimed at their technology.  In the case of facial recognition, new federal and state laws seem closer than ever.  Examples include Washington State’s recent data privacy and facial recognition bill (SB 5376; recent action on March 6, 2019) and the federal Commercial Facial Recognition Privacy Act of 2019 (S. 847, introduced March 14, 2019).  If enacted, these new laws would join others like Illinois’ Biometric Information Privacy Act (BIPA) and California’s Consumer Privacy Act (CCPA) in governing facial recognition systems and the collection, storage,…