News and Analysis of Artificial Intelligence Technology Legal Issues
Woman's face with landmarks used in facial recognition

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,…

White House in spring with flowers and fountain

Government Plans to Issue Technical Standards For Artificial Intelligence Technologies

On February 11, 2019, the White House published a plan for developing and protecting artificial intelligence technologies in the United States, citing economic and national security concerns among other reasons for the action.  Coming two years after Beijing’s 2017 announcement that China intends to be the global leader in AI by 2030, President Trump’s Executive Order on Maintaining American Leadership in Artificial Intelligence lays out five principles for AI, including “development of appropriate technical standards and reduc[ing] barriers to the safe testing and deployment of AI technologies in order to enable the creation of new AI-related industries and the adoption of…

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Washington State Seeks to Root Out Bias in Artificial Intelligence Systems

The harmful effects of biased algorithms have been widely reported.  Indeed, some of the world’s leading tech companies have been accused of producing applications, powered by artificial intelligence (AI) technologies, that were later discovered to exhibit certain racial, cultural, gender, and other biases.  Some of the anecdotes are quite alarming, to say the least.  And while not all AI applications have these problems, it only takes a few concrete examples before lawmakers begin to take notice. In New York City, lawmakers began addressing algorithmic bias in 2017 with the introduction of legislation aimed at eliminating bias from algorithmic-based automated decision…

A graphical depiction of a chatbot conversation on a smartphone

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 over half of the traffic visiting some websites.  Recently reported harms caused by certain bots have caught the attention of state and federal lawmakers.  This post briefly describes those bots and their uses and suggests reasons why new legislative efforts…

A graphic depicting a series of schematic humanoid robots

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 so, there has been a noticeable uptick in the number of individual federal lawmakers looking at AI’s problems, a sign that the pendulum may be swinging in the direction favoring regulation of AI technologies. Those lawmakers taking a serious look…

A colorful image generated by a GAN without real-world context

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 comprising two separate networks (a generator and a discriminator network that face off against each another), are useful for creating new (“synthetic” or “fake”) data samples.  As a result, one of the hottest areas for AI research today involves GANs,…

A graphical depiction of data points (circles) classified into green (solid) and yellow (dots) regions

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 off.  With increasing numbers of companies and individual developers producing customer-facing AI systems, it seems all but inevitable that some of those systems will create unintended and unforeseen consequences, including harm to individuals and society at large.  Researchers like Shmatikov…

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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 to assess the current state of AI and deploy AI across the Department of Defense (DOD).  The law also recognizes that fundamental AI research is still needed within the tech-heavy military services.  The law encourages coordination between DOD activities and…

A congested highway at nighttime

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 where AI-based advanced driver monitoring systems (DMS) play a role: ensuring HAV drivers are paying attention.  As big automakers incorporate advanced DMS into more passenger cars, policymakers will seek to ensure that these systems meet acceptable performance and safety standards as…

A judge's gavel with "State Legislators" on handle

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 County Police in its investigation, its technology uses face templates derived from facial landmark points extracted from image face data to digitally compare faces to a large database of known faces.  More recent technology, relying on artificial intelligence models, have…