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The Biden administration’s October 2023 Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “Order”) sets out an extensive list of deadlines for the various federal agencies tasked with implementing the Order’s requirements. 

We previously summarized the Order, compared its requirements with those of the EU’s AI Act, and identified initial implementation steps.  This post highlights the Order’s key actions with implementation deadlines during 1Q24. Continue Reading Anticipated 1Q24 Actions Implementing the White House AI Executive Order

Earlier today, the White House issued a Fact Sheet summarizing its Executive Order on a comprehensive strategy to support the development of safe and secure artificial intelligence (“AI”).  The Executive Order follows a number of actions by the Biden Administration on AI, including its Blueprint for an AI Bill of Rights and voluntary commitments from certain developers of AI systems.  According to the Administration, the Executive Order establishes new AI safety and security standards, protects privacy, advances equity and civil rights, protects workers, consumers, and patients, promotes innovation and competition, and advances American leadership.  This blog post summarizes these key components.Continue Reading Biden Administration Announces Artificial Intelligence Executive Order

Practice and Procedure

The ITC’s Recent Sua Sponte Use of 100-Day Expedited Adjudication Procedure

Over the last few years, the International Trade Commission (“ITC” or “Commission”) has developed procedural mechanisms geared toward identifying potentially dispositive issues for early disposition in its investigations. These procedures are meant to give respondents an opportunity to litigate a dispositive issue before committing the resources necessary to litigate an entire Section 337 investigation.

In 2018, the ITC adopted 19 C.F.R. § 210.10(b)(3), which provides that “[t]he Commission may order the administrative law judge to issue an initial determination within 100 days of institution . . . ruling on a potentially dispositive issue as set forth in the notice of investigation.” Although the ITC denies the majority of requests by respondents to use this procedural mechanism, the ITC has ordered its ALJs to use this program in a handful of investigations to decide, among other things, whether the asserted patents claim patent-eligible subject matter, whether a complainant has standing to sue, whether a complainant can prove economic domestic industry, and whether claim or issue preclusion applies.Continue Reading Section 337 Developments at the U.S. International Trade Commission

The newly enacted National Defense Authorization Act (“NDAA”) contains important provisions regarding the development and deployment of artificial intelligence (“AI”) and machine learning technologies, many of which build upon previous legislation introduced in the 116th Congress. The most substantial federal U.S. legislation on AI to date, these provisions will have significant implications in the national security sector and beyond. The measures in the NDAA will coordinate a national strategy on research, development, and deployment of AI, guiding investment and aligning priorities for its use.

President Trump had vetoed the NDAA after its initial passage in December, but the $740 billion NDAA became law over the objection of President Trump’s veto with a rare New Year’s Day Senate vote, 81-13. The House voted to override President Trump’s veto on December 28, on a 322-87 vote.

This post highlights some of the key AI provisions included in the NDAA.
Continue Reading AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness

President Donald Trump signed an executive order (EO) on December 3, providing guidance for federal agency adoption of artificial intelligence (AI) for government decision-making in a manner that protects privacy and civil rights.

Emphasizing that ongoing adoption and acceptance of AI will depend significantly on public trust, the EO charges the Office of Management and Budget with charting a roadmap for policy guidance by May 2021 for how agencies should use AI technologies in all areas excluding national security and defense.  The policy guidance should build upon and expand existent applicable policies addressing information technology design, development, and acquisition.Continue Reading AI Update: New Executive Order on Promoting the Use of Artificial Intelligence in Federal Agencies Pushes Developing Public Trust for Future Expansion

In February 2020, the Trump Administration released the American Artificial Intelligence Initiative’s One Year Annual Report, detailing the Administration’s progress since launching its “American Artificial Intelligence Initiative” by signing Executive Order 13859 on February 11, 2019.  The Administration’s Report highlights areas where it identifies progress in advancing the United States’ competitive position in fostering advancement in AI technology, including limiting new regulations, increasing funding and tracking of federal AI research and development, increasing access to federal data and computing resources, and promoting international collaboration.
Continue Reading AI Update: Trump Administration Releases American Artificial Intelligence Initiative’s One Year Annual Report

On May 28, the White House Office of Science and Technology Policy (OSTP) hosted a meeting of the G7 Science & Technology (S&T) Ministers to collaborate on COVID-19 response and recovery.  The G7 S&T Ministers emerged from the meeting with a declaration, in which they expressed their intent to:

  • Enhance cooperation on shared COVID-19