The European Commission’s proposed new regulations for artificial intelligence (AI) technologies and systems (link to PDF here; issued April 21, 2021) include enforcement provisions that would empower public authorities to monitor regulated AI entities operating in the European Union (EU) and seek stiff fines from those that do not...
Recent News and Analysis
Approaching Applicability of Europe’s Proposed AI Regulations as a Classification Task
The European Commission cast a wide regulatory net over artificial intelligence (AI) technologies and practices last month when it proposed new rules for AI on April 21, 2021 (link to PDF here). For those in the U.S. wondering whether the future rules might apply to them, the answer may...
Proposed New EU AI Regulations: A Pre-Planning Guide for U.S. In-House Counsel
If the European Commission’s newly proposed harmonized rules on Artificial Intelligence (the “Artificial Intelligence Act”) (published April 21, 2021) are adopted, U.S.-based AI companies operating in European Union (EU) countries (or expecting to do so) may soon be subject to significant new regulatory requirements. The proposed regulations (available PDF...
Artificial Intelligence and Trust: Improving Transparency and Explainability Policies to Reverse Data Hyper-Localization Trends
In this peer-reviewed article (Journal of Science and Law; open source), my co-author and I discuss how access to data is an essential part of artificial intelligence (AI) technology development efforts. But government and corporate actors have increasingly imposed localized and hyper-localized restrictions on data due to rising mistrust—the...
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,...
Artificial Intelligence, GANs, and the law of Synthetic Data: Lawmakers React to False Media Content
It didn’t take long for someone to turn generative adversarial networks (GAN)–a machine learning technique that at first blush seemed benign and of somewhat limited utility at its unveiling–into a tool with the ability to cause real harm. Now, Congress has stepped up and passed legislation to focus the...
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...