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 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…

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,…

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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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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…

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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…

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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…

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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 Department to develop, mature, and transition artificial intelligence technologies into operational use.” A designated Coordinator will serve to oversee joint activities of the services in the development of a Strategic Plan for AI-related research and development.  The Coordinator will also…

At the Intersection of AI, Face Swapping, Deep Fakes, Right of Publicity, and Litigation

Websites like GitHub, Reddit and others offer developers and hobbyists dozens of repositories containing artificial intelligence deep learning models, instructions for their use, and forums for learning how to “face swap,” a technique used to automatically replace a face of a person in a video with that of a different person. Older versions of face swapping, primarily used on images, have been around for years in the form of entertaining apps that offered results with unremarkable quality (think cut and paste at its lowest, and photoshop editing at a higher level). With the latest AI models, however, including deep neural…

Congress Looking at Data Science for Ways to Improve Patent Operations

When Congress passed the sweeping Leahy-Smith America Invents Act (AIA) on September 16, 2011, legislators weren’t concerned about how data analytics might improve efficiencies at one of the Commerce Department’s most data-heavy institutions: the US Patent Office. Patent reformers at the time were instead focused on curtailing patent troll litigation and conforming aspects of US patent law to those of other countries. Consequently, the Patent Office’s trove of pre-classified, pre-labeled, and semi-structured patent application and invention data–information ripe for big data analytics–remained mostly untapped at the time. Fast forward to 2018 and Congress has finally put patent data in its…