News and Analysis of Artificial Intelligence Technology Legal Issues

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State laws affecting AI technologies

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Federal laws affecting AI technologies

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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…

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,…

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 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…

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…

What’s in a Name? A Chatbot Given a Human Name is Still Just an Algorithm

Due in part to the learned nature of artificial intelligence technologies, the spectrum of things that exhibit “intelligence” has, in debates over such things, expanded to include certain advanced AI systems.  If a computer vision system can “learn” to recognize real objects and make decisions, the argument goes, its ability to do so can be compared to that of humans and thus should not be excluded from the intelligence debate.  By extension, AI systems that can exhibit intelligence traits should not be treated like mere goods and services, and thus laws applicable to such good and services ought not to…