News and Analysis of Artificial Intelligence Technology Legal Issues

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…

Obama, Trump, and the Regulation of Artificial Intelligence

Near the end of his second term, President Obama announced a series of workshops and government working groups tasked with “Preparing for the Future of Artificial Intelligence.” Then, just weeks before the 2016 presidential general election, the Obama administration published two reports including one titled “The National Artificial Intelligence Research and Development Plan.” In it, Obama laid out seven strategies for AI-related R&D, including making long-term investments in AI research to enable the United States to remain a world leader in AI, developing effective methods for human-AI interaction, and ensuring the safety, security, and trustworthiness of AI systems. The Obama…

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…

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),…

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

Of all the personal information individuals agree to provide companies when they interact with online or app services, perhaps none is more personal and intimate than a person’s facial features and their moment-by-moment emotional states. And while it may seem that face detection, face recognition, and affect analysis (emotional assessments based on facial features) are technologies only sophisticated and well-intentioned tech companies with armies of data scientists and stack engineers are competent to use, the reality is that advances in machine learning, microprocessor technology, and the availability of large datasets containing face data have lowered entrance barriers to conducting robust…

A Proposed AI Task Force to Confront Talent Shortage and Workforce Changes

Just over a month after House and Senate commerce committees received companion bills recommending a federal task force to globally examine the “FUTURE” of Artificial Intelligence in the United States (H.R. 4625; introduced Dec. 12, 2017), a House education and workforce committee is set to consider a bill calling for a task force assessment of the impacts of AI technologies on the US workforce. If enacted, the “Artificial Intelligence Job Opportunities and Background Summary Act of 2018,” or the “AI JOBS Act of 2018” (H.R. 4829; introduced Jan. 18, 2018), would require the Secretary of Labor to report on impacts and…

New York City Task Force to Consider Algorithmic Harm

One might hear discussions about backpropagation, activation functions, and gradient descent when visiting an artificial intelligence company. But more recently, terms like bias and harm associated with AI models and products have entered tech’s vernacular. These issues also have the attention of many outside of the tech world following reports of AI systems performing better for some users than for others when making life-altering decisions about prison sentences, creditworthiness, and job hiring, among others. Considering the recent number of accepted conference papers about algorithmic bias, AI technologists, ethicists, and lawyers seems to be proactively addressing the issue by sharing with…

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…

Congress Takes Aim at the FUTURE of Artificial Intelligence

As the calendar turns over to 2018, artificial intelligence system developers will need to keep an eye on first of its kind legislation being considered in Congress. The “Fundamentally Understanding The Usability and Realistic Evolution of Artificial Intelligence Act of 2017,” or FUTURE of AI Act, is Congress’s first major step toward comprehensive regulation of the AI tech sector. Introduced on December 22, 2017, companion bills S.2217 and H.R.4625 touch on a host of AI issues, their stated purposes mirroring concerns raised by many about possible problems facing society as AI technologies becomes ubiquitous. The bills propose to establish a federal advisory committee…