AI

On 21 June 2023, at the close of a roundtable meeting of the G7 Data Protection and Privacy Authorities, regulators from the United States, France, Germany, Italy, United Kingdom, Canada and Japan published a joint “Statement on Generative AI” (“Statement”) (available here). In the Statement, regulators identify a range of data protection-related concerns they believe are raised by generative AI tools, including legal authority for processing personal information, and transparency, explainability, and security. The group of regulators also call on companies to “embed privacy in the design conception, operation, and management” of generative AI tools.

In advance of the G7 meeting, on 15 June 2023, the UK Information Commissioner’s Office (“ICO”) separately announced that it will be “checking” whether businesses have addressed privacy risks before deploying generative AI, and “taking action where there is risk of harm to people through poor use of their data”.…

Continue Reading UK and G7 Privacy Authorities Warn of Privacy Risks Raised by Generative AI

On April 25, 2023, four federal agencies — the Department of Justice (“DOJ”), Federal Trade Commission (“FTC”), Consumer Financial Protection Bureau (“CFPB”), and Equal Employment Opportunity Commission (“EEOC”) — released a joint statement on the agencies’ efforts to address discrimination and bias in automated systems. …

Continue Reading DOJ, FTC, CFPB, and EEOC Statement on Discrimination and AI

A recent AAA study revealed that, although the pandemic has resulted in fewer cars on the road, traffic deaths have surged.  Speeding, alcohol-impairment, and reckless driving has caused the highest levels of crashes seen in decades, and the National Safety Council estimates a 9% increase in roadway fatalities from 2020.  Autonomous vehicles (AVs) have the potential to increase traffic safety, and the California Public Utilities Commission (CPUC) just took a step to advance their commercialization and deployment.
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Continue Reading CPUC Issues First Autonomous Vehicle Drivered Deployment Permits

In 2021, European lawmakers and agencies issued a number of proposals to regulate artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAV”), and data privacy, as well as reports and funding programs to pursue the developments in these emerging areas.  From the adoption of more stringent cybersecurity standards for IoT devices…

On 25 November 2020, the European Commission published a proposal for a Regulation on European Data Governance (“Data Governance Act”).  The proposed Act aims to facilitate data sharing across the EU and between sectors, and is one of the deliverables included in the European Strategy for Data, adopted in February 2020.  (See our previous blog here for a summary of the Commission’s European Strategy for Data.)  The press release accompanying the proposed Act states that more specific proposals on European data spaces are expected to follow in 2021, and will be complemented by a Data Act to foster business-to-business and business-to-government data sharing.

The proposed Data Governance Act sets out rules relating to the following:

  • Conditions for reuse of public sector data that is subject to existing protections, such as commercial confidentiality, intellectual property, or data protection;
  • Obligations on “providers of data sharing services,” defined as entities that provide various types of data intermediary services;
  • Introduction of the concept of “data altruism” and the possibility for organisations to register as a “Data Altruism Organisation recognised in the Union”; and
  • Establishment of a “European Data Innovation Board,” a new formal expert group chaired by the Commission.

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Continue Reading AI Update: The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act)

On five consecutive Wednesdays beginning on September 2nd, the ABA will hold its 5th Annual IoT Institute, together with a session called Data, Data Everywhere, and Not a Chance to Think, addressing the intersection of the Internet of Things (IoT) and Artificial Intelligence (AI). Covington was scheduled to host the IoT…

The COVID-19 crisis is demonstrating the potential of digital health technology to manage some of our greatest public health challenges.  The White House Office of Science and Technology Policy has issued a call to action for technology companies to help the science community answer high-priority scientific questions related to COVID-19.  The Centers for Disease Control and Prevention has also recognized that technology and surveillance systems can play an integral role in supporting the public health response to outbreaks. …
Continue Reading AI/IoT Update: The Potential Benefits of Digital Health Technology in Managing COVID-19

On February 10, 2020, the UK Government’s Committee on Standards in Public Life* (the “Committee”) published its Report on Artificial Intelligence and Public Standards (the “Report”). The Report examines potential opportunities and hurdles in the deployment of AI in the public sector, including how such deployment may implicate the “Seven Principles of Public Life” applicable to holders of public office, also known as the “Nolan Principles” (available here). It also sets out practical recommendations for use of AI in public services, which will be of interest to companies supplying AI technologies to the public sector (including the UK National Health Service (“NHS”)), or offering public services directly to UK citizens on behalf of the UK Government. The Report elaborates on the UK Government’s June 2019 Guide to using AI in the public sector (see our previous blog here).
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Continue Reading UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

With all the current excitement around emerging high-tech autonomous vehicles and internet of things (IoT) devices, it may surprise some observers that around 20 years ago the Federal Communications Commission (FCC), at Congress’s direction, was already taking some important steps with respect to these technologies.  Most notably, the FCC set aside the 5.9 GHz band, which is a swath of highly-valued mid-band spectrum, for vehicle related communications and transportation safety features.  At that time, the FCC pursued Dedicated Short Range Communications (DSRC) as the standard to develop critical safety services, but over time, similar technologies outside of the 5.9 GHz band have developed.  More recently, a number of manufacturers and developers have been focused on a new technology called Cellular Vehicle to Everything (C-V2X), which proponents argue should be the standard going forward.

The FCC has decided to weigh in on the issues in the 5.9 GHz band in a draft notice of proposed rulemaking (NPRM) to be voted on at its December 12 Commission Open Meeting.  The 5.9 GHz band has been a political issue subject to disagreements among the FCC, Department of Transportation, and members of Congress on both sides of the aisle, regarding the best path forward, which technologies should be pursued, and whether there is enough spectrum that can safely be shared among different use cases. …
Continue Reading IoT Update: FCC Proposes New Spectrum Plan for Vehicle Safety and Unlicensed Uses

Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, and connected and autonomous vehicles (“CAVs”).
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Continue Reading AI and IoT Legislative Developments: Third Quarter 2019