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 non-public investigations into AI use. We expect that the impact of this resolution will be an increase in the number of CIDs the FTC issues regarding production and use of AI. More providers and creators of AI-based products and services will likely be in the focus of the FTC. The scope of CIDs can be expansive, and responding to CIDs can require substantial time and resources. Companies should implement and adhere to governance practices regarding development, procurement, and use of AI. We also recommend documenting risk assessments of AI-based products and services and monitoring continued use of AI in the organization. Please contact a member of our team if your company would like assistance in establishing an AI governance and risk assessment program.