News and Analysis of Artificial Intelligence Technology Legal Issues
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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…

California Jury to Decide if Facebook’s Deep Learning Facial Recognition Creates Regulated Biometric Information

Following a recent decision issued by Judge James Donato of the U.S. District Court for the Northern District of California, a jury to be convened in San Francisco in July will decide whether a Facebook artificial intelligence technology creates regulated “biometric information” under Illinois’ Biometric Information Privacy Act (BIPA).  In some respects, the jury’s decision could reflect general sentiment toward AI during a time when vocal opponents of AI have been widely covered in the media.  The outcome could also affect how US companies, already impacted by Europe’s General Data Protection Regulation (GDPR), view their use of AI technologies to…

In Your Face Artificial Intelligence: Regulating the Collection and Use of Face Data (Part II)

The technologies behind “face data” collection, detection, recognition, and affect (emotion) analysis were previously summarized. Use cases for face data, and reported concerns about the proliferation of face data collection efforts and instances of face data misuse were also briefly discussed. In this follow-on post, a proposed “face data” definition is explored from a governance perspective, with the purpose of providing more certainty as to when heightened requirements ought to be imposed on those involved in face data collection, storage, and use.  This proposal is motivated in part by the increased risk of identity theft and other instances of misuse…

Republicans Propose Commission to Study Artificial Intelligence Impacts on National Security

Three Republican members of Congress are co-sponsoring a new bill (H.R. 5356) “To establish the National Security Commission on Artificial Intelligence.” Introduced by Rep. Stefanik (R-NY) on March 20, 2018, the bill would create a temporary 11-member Commission tasked with producing an initial report followed by comprehensive annual reports, each providing issue-specific recommendations about national security needs and related risks from advances in artificial intelligence, machine learning, and associated technologies. Issues the Commission would review include AI competitiveness in the context of national and economic security, means to maintain a competitive advantage in AI (including machine learning and quantum computing),…

When It’s Your Data But Another’s Stack, Who Owns The Trained AI Model?

Cloud-based machine learning algorithms, made available as a service, have opened up the world of artificial intelligence to companies without the resources to organically develop their own AI models. Tech companies that provide these services promise to help companies extract insights from the company’s unique customer, employee, product, business process, and other data, and to use those insights to improve decisions, recommendations, and predictions without the company having an army of data scientists and full stack developers. Simply open an account, provide data to the service’s algorithms, train and test an algorithm, and then incorporate the final model into the…

Evaluating and Valuing an AI Business: Don’t Forget the IP

After record-breaking funding and deals involving artificial intelligence startups in 2017, it may be tempting to invest in the next AI business or business idea without a close look beyond a company’s data, products, user-base, and talent. Indeed, big tech companies seem willing to acquire, and investors seem happy to invest in, AI startups even before the founders have built anything. Defensible business valuations, however, involve many more factors, all of which need careful consideration during early planning of a new AI business or investing in one. One factor that should never be overlooked is a company’s actual or potential…

Recognizing Individual Rights: A Step Toward Regulating Artificial Intelligence Technologies

In the movie Marjorie | Prime (August 2017), John Hamm plays an artificial intelligence version of Marjorie’s deceased husband, visible to Marjorie as a holographic projection in her beachfront home. As Marjorie (played by Lois Smith) interacts with Hamm’s Prime through a series of one-on-one conversations, the AI improves its cognition by observing and processing Marjorie’s emotional expressions, movements, and speech. The AI also learns from interactions with Marjorie’s son-in-law (Tim Robbins) and daughter (Geena Davis), as they recount highly personal and painful episodes of their lives. Through these interactions, Prime ends up possessing a collective knowledge greater and more…

Patenting Artificial Intelligence: Innovation Spike Follows Broader Market Trend

If you received a US patent for a machine learning invention recently, count yourself among a record number of innovators named on artificial intelligence technology patents issued in 2017. There’s also good chance you worked for one of the top companies earning patents for machine learning, neural network, and other AI technologies, namely IBM, Amazon, Cisco, Google, and Microsoft, according to public patent records (available through mid-December). This year’s increase in the number of issued patents reflects similar record increases in the level of investment dollars flowing to AI start-ups and the number of AI tech sector M&A deals in…

How Privacy Law’s Beginnings May Suggest An Approach For Regulating Artificial Intelligence

A survey conducted in April 2017 by Morning Consult suggests most Americans are in favor of regulating artificial intelligence technologies. Of 2,200 American adults surveyed, 71% said they strongly or somewhat agreed that there should be national regulation of AI, while only 14% strongly or somewhat disagreed (15% did not express a view). Technology and business leaders speaking out on whether to regulate AI fall into one of two camps: those who generally favor an ex post, case-by-case, common law approach, and those who prefer establishing a statutory and regulatory framework that, ex ante, sets forth clear do’s and don’ts…

Inaugural Post – AI Tech and the Law

Welcome. I am excited to present the first of what I hope will be many useful and timely posts covering issues arising at the crossroads of artificial intelligence technology and the law. My goal with this blog is to provide insightful discussion concerning the legal issues expected to affect individuals and businesses as they develop and interact with AI products and services. I also hope to engage with AI thought leaders in the legal industry as new AI technology-specific issues emerge. Join me by sharing your thoughts about AI and the law. If you’d like to see a particular issue…