In a month already full of activity with respect to regulation of artificial intelligence (AI) globally, the U.S. Federal Trade Commission (FTC) has continued to assert its role in regulating AI in the US. On November 21, 2023, FTC commissioners unanimously resolved to streamline the FTC’s ability to issue civil investigative demands (CIDs) regarding AI in products and services. FTC staff may now more easily compel release of documents, information, and testimony as part of…
What makes the Regulatory Sandbox that Spain has just approved (on November 9; coinciding with the Spanish presidency of the Commission of the European Union) so interesting? It is a sort of practical “general rehearsal” of compliance with the future EU AI Act. Participating companies will be able to make mistakes and learn without incurring the legal risks that will follow from non-compliance with the EU AI Act, when it enters into force. In addition,…
The EU has published its draft Standard Contractual Clauses for the procurement of AI (AI SCCs). These are drafted for public organisations wishing to procure AI systems developed by an external supplier, and are based on the requirements for high-risk AI systems in the EU AI Act. The AI SCCs might be a good starting point, but dig a little deeper, and you’ll find that the clauses are based on some fundamental (but questionable) assumptions.…
Last week was incredibly busy in terms of AI governance developments, on both sides of the Atlantic and globally. While countries are racing to demonstrate their leadership on AI governance on the global stage, common themes continue to emerge. Policymakers recognise the need to strike a balance between the opportunities and potential that this technology can bring, on the one hand, and the risks and challenges posed by AI, on the other hand. There is…
On October 30, 2023, President Biden issued a 63-page Executive Order to define the trajectory of artificial intelligence adoption, governance and usage within the United States government. The Executive Order outlines eight guiding principles and priorities for US federal agencies to adhere to as they adopt, govern and use AI. While safety and security are predictably high on the list, so too is a desire to make America a leader in the AI industry including…
On October 17, 2023, the US Department of Commerce’s Bureau of Industry and Security (“BIS”) released two interim final rules (collectively, the “October 2023 IFRs” available here and here) amending the Export Administration Regulations (the “EAR”) to further strengthen export controls on advanced computing items, semiconductor manufacturing equipment, and items that can support end uses related to the development and production of supercomputers, advanced-node integrated circuits and semiconductor manufacturing equipment. The long-awaited October 2023 IFRs come more than one…
Recent and rapid artificial intelligence developments have captured public attention and much has been discussed around how organizations will need to prepare. From an employment standpoint, the increasingly sophisticated potential for AI applications spans the entire employee lifecycle, from recruitment to onboarding, training and more. In the second report in our Workforce Redesign: Outlooks for Business Leaders series, we explore how businesses can responsibly address evolving AI risk in the context of recruitment and empower a more diverse…
Special thanks to our Baker McKenzie speakers Danielle Benecke and Ben Allgrove, and Industry Experts Ashley Pantuliano, Associate General Counsel, OpenAI, Julian Tsisin, Global Legal & Compliance Technology, Meta, Janel Thamkul, Deputy General Counsel, Anthropic, and Suneil Thomas, Managing Counsel, Google Cloud AI. Baker McKenzie is pleased to invite you to an afternoon exploring the legal ramifications of the AI Revolution on October 10. Following an interactive keynote discussion with our in-house panelists, leading Baker McKenzie AI lawyers will address the cutting edge legal and regulatory…
Special thanks to our Baker McKenzie speakers Jim Holloway, Theo Ling and Usman Sheikh, and Industry Leaders Mark Crestohl, Senior Counsel, Accenture, Diana Drappel, Assistant General Counsel, Royal Bank of Canada, Levin Karg, Manager, Modernizing Regulation, Office of Economic Growth & Innovation, Ontario Securities Commission, and Raees Nakhuda, Senior Counsel, Thomson Reuters. Baker McKenzie is pleased to invite you to a breakfast symposium exploring the legal ramifications of the Artificial Intelligence (AI) Revolution with esteemed industry leaders from Accenture, the Royal Bank of Canada, Thomson…
On September 6, 2023, California Governor, Gavin Newson, issued an executive order to study the development, use, and risks of generative artificial intelligence (“Gen AI”). Similar to data privacy, California is the first state to analyze Gen AI under this lens. Under the executive order, state agencies will be required to perform risk assessments, create ethical guidelines for Gen AI usage and formulate new policies and regulations. Goals of the executive order are to (i)…