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In Artificial Intelligence

Over Fifty Countries Sign on to the Council of Europe’s Framework Convention on Artificial Intelligence, the First Legally Binding International Treaty on AI

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Background On September 5, 2024, the Council of Europe’s 46 member states, along with eleven non-members (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the US and Uruguay), signed the Council of Europe’s Framework Convention on Artificial Intelligence, the first legally binding international treaty to address AI technologies (the “Convention”). The Convention aims to ensure that AI is consistent with core principles like human rights, democracy and the rule of law,…

In Artificial Intelligence

The Growing Importance of the NIST AI Risk Management Framework

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As AI capabilities and applications continue to advance, the National Institute of Standards and Technology’s (NIST’s) Artificial Intelligence Risk Management Framework (AI RMF) has emerged as a vital tool for organizations to responsibly develop and use AI systems. We covered the AI RMF shortly after NIST published the framework in January 2023. Since then, the importance of the publication has only grown, with numerous U.S. executive orders, bills and laws building on or incorporating the…

In Artificial Intelligence

Illinois Joins Colorado and NYC in Restricting Generative AI in HR (Plus a Quick Survey of the Legal Landscape Across the US and Globally)

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SHRM reports that one in four organizations currently use AI to support HR-related activities, with adoption of the technology expanding rapidly. The compliance risks arising from generative AI use also are intensifying, with an increasing number of state and local laws restricting employer use of AI tools in the United States. And not to be outdone, substantial regulation impacting multinational employers’ use of AI is emerging in other parts of the world (e.g., the EU AI Act).…

In Artificial Intelligence

US Copyright Office Calls for Federal Law on Deepfakes

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In brief On July 31, the United States Copyright Office published the first in a planned series of reports on the intersection of intellectual property with new AI technologies. This initial report, entitled “Copyright and Artificial Intelligence: Digital Replicas”, focuses on potential legal issues arising from the emergence of digital replica technologies that falsely depict an individual or individuals, which are commonly known as “deepfakes”. The report incorporates comments from the public in response to…

In Artificial Intelligence

Taiwan Financial Supervisory Commission has published the “Guidelines for the Application of AI in the Financial Industry”

by and 6 Mins Read

On 17 October 2023, the Taiwan Financial Supervisory Commission (FSC) first published the “Core Principles and Relevant Promotion Policies for the Application of AI in the Financial Industry” (“Principles”) as part of the FSC’s efforts to assist financial institutions in effectively utilizing the advantages of AI, while at the same time managing risks, ensuring fairness, protecting consumer rights, maintaining system security, and achieving sustainable development. The Principles provide six core principles for application of AI…

In Artificial Intelligence

Do AIs dream of being an inventor?

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1. In brief On May 16, 2024, the Tokyo District Court issued a judgment in relation to a case as to whether “AI” could be recognized as an “inventor” of a patent. The judgment indicated that it is reasonable to conclude that an “inventor” under the Patent Act is limited to natural persons in light of the intellectual property laws and other laws in Japan. 2. Background 2.1 The patent application and inventor identified in…

In Artificial Intelligence

Circuit Judge Writes An Opinion, AI Helps: What Now?

by 12 Mins Read

Articles about artificial intelligence appear daily in many legal publications — including this one. But, on May 28, U.S. Circuit Judge Kevin Newsom of the U.S. Court of Appeals for the Eleventh Circuit wrote a concurring opinion in Snell v. United Specialty Insurance Co. for the specific purpose of floating an idea about how judges might use generative AI. Judge Newsom undertook this potential “heresy” — to use his word — with a light touch, as indicated…

In Artificial Intelligence

A New Era of Influence: A Swift Take on Branding, Computer-Generated Influencers and Deepfakes

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This article was first published in Corporate Counsel Magazine. A New Era of Influence: A Swift Take on Branding, Computer-Generated Influencers and Deepfakes | Corporate Counsel (law.com) A-list celebrities like Taylor Swift are not the only ones leveraging their influence to promote and sell products and services. Streamers, vloggers, and other creatives are using their platforms to influence today’s consumer trends. However, a steep rise in the use of GenAI and computer-generated influencers brings with…

In Artificial Intelligence

NIST Publishes Draft Documents for Safer AI

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On April 29, 2024, the Department of Commerce’s National Institute of Standards and Technology (NIST) released initial drafts of four significant policy and governance documents aimed at improving the safety and reliability of AI systems. The launch came on the 180th day following President Biden’s Executive Order 14110 on the Safe, Secure and Trustworthy Development of AI, which instructed NIST to establish guidelines and best practices to promote consensus industry standards for developing and deploying…

In Artificial Intelligence

From Brussels to Boulder: Colorado Enacts Comprehensive AI Law on the Heels of EU’s AI Act with Significant Obligations for Business and Employers

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In Brief On May 17, 2024 Colorado Governor Polis signed the landmark Colorado AI Act (Senate Bill 24-205) into law. Colorado is now the first US state with comprehensive AI regulation, adopting a classification system like the European Union’s recent AI Act. The law will take effect February 1, 2026. The law exempts small employers (fewer than fifty full-time employees) from some of its requirements but otherwise requires companies to take extensive measures to protect…

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