News and Analysis of Artificial Intelligence Technology Legal Issues
A collage of individual images in an image data set

The Role of Explainable Artificial Intelligence in Patent Law

Although the notion of “explainable artificial intelligence” (AI) has been suggested as a necessary component of governing AI technology, at least for the reason that transparency leads to trust and better management of AI systems in the wild, one area of US law already places a burden on AI developers and producers to explain how their AI technology works: patent law.  Patent law’s focus on how AI systems work was not borne from a Congressional mandate. Rather, the Supreme Court gets all the credit–or blame, as some might contend–for this legal development, which began with the Court’s 2014 decision in Alice…

Lady Justice

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 or civil procedural rules, and by software companies that resist discovery requests. The closely-followed issue of algorithmic transparency was recently considered by a California appellate court in People v. Superior Court of San Diego County, slip op. Case D073943 (Cal.…

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…

A mashup of military-themed images including carrier, tank, jet, and flag

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…

A graphical depiction of the globe map

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…