News and Analysis of Artificial Intelligence Technology Legal Issues

Recent News and Analysis

FTC Orders AI Company to Delete its Model Following Consumer Protection Law Violation

The nation’s consumer protection watchdog–the Federal Trade Commission (FTC)–took extraordinary law enforcement measures on January 11, 2021, after finding an artificial intelligence company had deceived customers about its data collection and use practices. In a first of its kind settlement involving facial recognition surveillance systems, the FTC ordered Everalbum,...

A Look Into the Future of AI Governance

The year 2020 may be remembered for its pandemic and presidential election. But it also marked a turning point in efforts to regulate artificial intelligence (AI) technologies and the systems that embody them. State lawmakers in two states joined Illinois in enacting laws directed at AI-generated biometric data, and...

Eliminating Structural Bias in Data-Based Technologies: A Path Forward

As national protests over systemic and structural racism in America continue, community organizers, Black scholars, and others fighting injustice and unequal treatment are once again raising awareness of a long-standing problem lurking within artificial intelligence data-based technologies: bias. The campaign to root out bias–or eliminate biased systems altogether–has been...

Artificial Intelligence, Risk Disclosures, and a New SEC Materiality Test

When Microsoft shared in 2018 that certain “deficiencies” surrounding its artificial intelligence practices could “subject us to competitive harm, legal liability, and brand or reputational harm,” it set the stage for other companies to self-report perceived risks associated with developing, using and producing AI technologies. Disclosing risks–a Securities and...