Artificial Intelligence (AI)

On January 3, 2025, the Federal Trade Commission (“FTC”) announced that it reached a settlement with accessiBe, a provider of AI-powered web accessibility software, to resolve allegations that the company violated Section 5 of the FTC Act concerning the marketing and stated efficacy of its software. Continue Reading AI Accessibility Software Provider Settles FTC Allegations

In a new post on the Inside Privacy blog, our colleagues discuss recent guidance from the attorneys general in Oregon and Connecticut interpreting their authority under their state comprehensive privacy statutes and related authorities.  Specifically, the Oregon Attorney General’s guidance focuses on laws relevant for artificial intelligence (“AI”), and the Connecticut Attorney General’s guidance…

Continue Reading State Attorneys General Issue Guidance On Privacy & Artificial Intelligence

In case you missed it before the holidays: on 17 December 2024, the UK Government published a consultation on “Copyright and Artificial Intelligence” in which it examines proposals to change the UK’s copyright framework in light of the growth of the artificial intelligence (“AI”) sector.   

The Government sets out the following core objectives for a new copyright and AI framework:

  • Support right holders’ control of their content and, specifically, their ability to be remunerated when AI developers use that content, such as via licensing regimes;
  • Support the development of world-leading AI models in the UK, including by facilitating AI developers’ ability to access and use large volumes of online content to train their models; and
  • Promote greater trust between the creative and AI sectors (and among consumers) by introducing transparency requirements on AI developers about the works they are using to train AI models, and potentially requiring AI-generated outputs to be labelled.

In this post, we consider some of the most noteworthy aspects of the Government’s proposal.Continue Reading UK Government Proposes Copyright & AI Reform  

On November 6, 2024, the UK Information Commissioner’s Office (ICO) released its AI Tools in recruitment audit outcomes report (“Report”). This Report documents the ICO’s findings from a series of consensual audit engagements conducted with AI tool developers and providers. The goal of this process was to assess compliance with data protection law, identify any risks or room for improvement, and provide recommendations for AI providers and recruiters. The audits ran across sourcing, screening, and selection processes in recruitment, but did not include AI tools used to process biometric data, or generative AI. This work follows the publication of the Responsible AI in Recruitment guide by the Department for Science, Innovation, and Technology (DSIT) in March 2024.Continue Reading ICO Audit on AI Recruitment Tools

The results of the 2024 U.S. election are expected to have significant implications for AI legislation and regulation at both the federal and state level. 

Like the first Trump Administration, the second Trump Administration is likely to prioritize AI innovation, R&D, national security uses of AI, and U.S. private sector investment and leadership in AI.  Although recent AI model testing and reporting requirements established by the Biden Administration may be halted or revoked, efforts to promote private-sector innovation and competition with China are expected to continue.  And while antitrust enforcement involving large technology companies may continue in the Trump Administration, more prescriptive AI rulemaking efforts such as those launched by the current leadership of the Federal Trade Commission (“FTC”) are likely to be curtailed substantially.

In the House and Senate, Republican majorities are likely to adopt priorities similar to those of the Trump Administration, with a continued focus on AI-generated deepfakes and prohibitions on the use of AI for government surveillance and content moderation. 

At the state level, legislatures in California, Texas, Colorado, Connecticut, and others likely will advance AI legislation on issues ranging from algorithmic discrimination to digital replicas and generative AI watermarking. 

This post covers the effects of the recent U.S. election on these areas and what to expect as we enter 2025.  (Click here for our summary of the 2024 election implications on AI-related industrial policy and competition with China.)Continue Reading U.S. AI Policy Expectations in the Trump Administration, GOP Congress, and the States

On Tuesday, November 26, the FTC released a proposed settlement order with Evolv Technologies, a provider of AI-enabled security screening systems.  The FTC’s complaint in the matter alleged that Evolv violated Section 5 of the FTC Act by making “false or unsupported claims” about the capabilities of an AI-enabled screening system that it provides to schools and other venues.  Specifically, the complaint asserts that Evolv misrepresented “the extent to which the system will detect weapons and ignore harmless items” more accurately and cost-effectively than traditional metal detectors. 

The FTC positioned its action against Evolv as a continuation of its work under the previously announced “Operation AI Comply,” which we discussed here, to “ensure that AI marketing is truthful.”  The complaint alleges that Evolv made “a very deliberate choice” to market its screening system as involving the use of AI, but that Evolv’s effort to position the screening system as a high-tech “weapons detection” system rather than a metal detector “is solely a marketing distinction, in that the only things that [the screening system’s] scanners detect are metallic, and its alarms can be set off by metallic objects that are not weapons.” Continue Reading FTC Settles Case Against Provider of AI-Enabled Security Systems

In a new post on the Inside Government Contracts blog, our colleagues provide the November 2024 update to our ongoing series on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The blog…

Continue Reading November 2024 Developments Under President Biden’s AI Executive Order

On December 3, 2024, the Federal Trade Commission (“FTC”) announced that it reached a settlement with IntelliVision Technologies Corp. (“IntelliVision”) to resolve allegations that the company violated Section 5 of the FTC Act by making certain claims concerning its AI-powered facial recognition software. 

The FTC’s complaint alleged, among other things, that IntelliVision made certain inaccurate or insufficiently supported claims about its facial recognition software, including with regard to its accuracy as it pertains to gender, race, and ethnicity detection and bias.

To resolve these and other allegations, the FTC and Intellivision entered into a proposed consent order that places restrictions and obligations on IntelliVision with respect to its facial recognition technology.

Among other restrictions, the proposed consent order requires that IntelliVision not make misrepresentations about the accuracy or efficacy of its technology, including concerning “the comparative performance … with respect to individuals of different genders, ethnicities, and skin tones, or reducing or eliminating differential performance based on such factors” and detecting spoofing or determining “Liveness” (defined to mean “that a living subject is present at the point of capture”).Continue Reading IntelliVision Settles FTC Allegations Regarding its Facial Recognition Technology

Technology companies will be in for a bumpy ride in the second Trump Administration.  President-elect Trump has promised to adopt policies that will accelerate the United States’ technological decoupling from China.  However, he will likely take a more hands-off approach to regulating artificial intelligence and reverse several Biden Administration policies related to AI and other emerging technologies.Continue Reading Tech Policy in a Second Trump Administration: AI Promotion and Further Decoupling from China

This quarterly update highlights key legislative, regulatory, and litigation developments in the third quarter of 2024 related to artificial intelligence (“AI”) and connected and automated vehicles (“CAVs”).  As noted below, some of these developments provide industry with the opportunity for participation and comment.

I.     Artificial Intelligence

Federal Legislative Developments

There continued to be strong bipartisan…

Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Third Quarter 2024