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AI Regulation

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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…

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…

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…

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)…

Organizations are increasingly relying upon and integrating artificial intelligence (AI) technologies, including automated decision-making (ADM) processes, into their workflows and utilizing these applications for critical decision-making processes.[1] AI is being leveraged for a variety of use cases (e.g., IT process automation, marketing and customer care, security and threat detection, recruitment and employment, etc.) and across different industries including technology and communications, financial services, manufacturing, and consumer services. Any AI system is driven and sustained by…

Regulation of artificial intelligence (AI) is the topic du jour, considered by many to be one of the most important issues today. Many governments worldwide have responded by issuing national plans, guidelines, and ethics codes that highlight the essential principles for developing ethical AI, such as the European Union’s Ethics Guidelines for Trustworthy AI (April 2019) and OECD’s Council Recommendation on Artificial Intelligence (May 2019). Although the United States was initially less legislatively active than…