News and Analysis of Artificial Intelligence Technology Legal Issues
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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, Inc., the now shuttered maker of the “Ever” photo album app and related website, to delete or destroy any machine learning and other models or algorithms developed in whole or in part using biometric information it unlawfully collected from users, along with the biometric data itself. In doing so, the agency…

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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.…