News and Analysis of Artificial Intelligence Technology Legal Issues

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…

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…

Patenting Artificial Intelligence Technology: 2018 Continues Upward Innovation Trend

If the number of patents issued in the first quarter of 2018 is any indication, artificial intelligence technology companies were busy a few years ago filing patents for machine learning inventions. According to US Patent and Trademark Office records, the number of US “machine learning” patents issued to US applicants during the first quarter of 2018 rose 17% compared to the same time period in 2017. The number of US “machine learning” patents issued to any applicant (not just US applicants) rose nearly 19% during the same comparative time period. Mostly double-digit increases were also observed in the case of…

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…