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News and Analysis of Artificial Intelligence Technology Legal Issues

    California Appeals Court Denies Defendant Access to Algorithm That Contributed Evidence to His Conviction

    One of the concerns expressed by those studying algorithmic decision-making is the apparent lack of transparency. Those impacted by adverse algorithmic decisions often seek transparency to better understand the basis for the decisions. In the case of software used in legal proceedings, parties who seek explanations about software face a number of obstacles, including those imposed by evidentiary rules, criminal…

    Thanks to Bots, Transparency Emerges as Lawmakers’ Choice for Regulating Algorithmic Harm

    Digital conversational agents, like Amazon’s Alexa and Apple’s Siri, and communications agents, like those found on customer service website pages, seem to be everywhere.  The remarkable increase in the use of these and other artificial intelligence-powered “bots” in everyday customer-facing devices like smartphones, websites, desktop speakers, and toys, has been exceeded only by bots in the background that account for…

    AI’s Problems Attract More Congressional Attention

    As contentious political issues continue to distract Congress before the November midterm elections, federal legislative proposals aimed at governing artificial intelligence (AI) have largely stalled in the Senate and House.  Since December 2017, nine AI-focused bills, such as the AI Reporting Act of 2018 (AIR Act) and the AI in Government Act of 2018, have been waiting for congressional committee attention.  Even…

    Generative Adversarial Networks and the Rise of Fake Faces: an Intellectual Property Perspective

    The tremendous growth in the artificial intelligence (AI) sector over the last several years may be attributed in large part to the proliferation of so-called big data.  But even today, data sets of sufficient size and quality are not always available for certain applications.  That’s where a technology called generative adversarial networks (GANs) comes in.  GANs, which are neural networks…

    Will “Leaky” Machine Learning Usher in a New Wave of Lawsuits?

    A computer science professor at Cornell University has a new twist on Marc Andreessen’s 2011 pronouncement that software is “eating the world.”  According to Vitaly Shmatikov, it is “machine learning [that] is eating the world” today.  His personification is clear: machine learning and other applications of artificial intelligence are disrupting society at a rate that shows little sign of leveling…

    Trump Signs John S. McCain National Defense Authorization Act, Provides Funds for Artificial Intelligence Technologies

    By signing into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (H.R.5515; Public Law No: 115-232; Aug. 13, 2018), the Trump Administration has established a strategy for major new national defense and national security-related initiatives involving artificial intelligence (AI) technologies.  Some of the law’s $717 billion spending authorization for fiscal year 2019 includes proposed funding…

    Advanced Driver Monitoring Systems and the Law: Artificial Intelligence for the Road

    Artificial intelligence technologies are expected to usher in a future where fully autonomous vehicles take people to their destinations without direct driver interaction.  During the transition from driver to driverless cars, roads will be filled with highly autonomous vehicles (HAVs) in which drivers behind the wheel are required to take control of vehicle operations at a moment’s notice. This is…

    Legislators, Stockholders, Civil Right Groups, and a CEO Seek Limits on AI Face Recognition Technology

    Following the tragic killings of journalists and staff inside the Capital Gazette offices in Annapolis, Maryland, in late June, local police acknowledged that the alleged shooter’s identity was determined using a facial recognition technology widely deployed by Maryland law enforcement personnel.  According to DataWorks Plus, the company contracted to support the Maryland Image Repository System (MIRS) used by Anne Arundel…

    Senate-Passed Defense Authorization Bill Funds Artificial Intelligence Programs

    The Senate-passed national defense appropriations bill (H.R.5515, as amended), to be known as the John S. McCain National Defense Authorization Act for Fiscal Year 2019, includes spending provisions for several artificial intelligence technology programs. Passed by a vote of 85-10 on June 18, 2018, the bill would include appropriations for the Department of Defense “to coordinate the efforts of the…