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In Artificial Intelligence

Setting the Standard: DHS Debuts First-of-its-Kind AI Safety Framework for Critical Infrastructure

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In brief On Thursday, November 14, 2024, the U.S. Department of Homeland Security (“DHS”) announced its groundbreaking “Roles and Responsibilities Framework for Artificial Intelligence in Critical Infrastructure” (“Framework”). The Framework is a guide for deploying AI safely and securely in all sixteen sectors of U.S. critical infrastructure, including communications, critical manufacturing, energy, financial services, healthcare, and information technology. It emphasizes the importance of risk-based mitigations to reduce potential harms to critical infrastructure and highlights the…

In Artificial Intelligence

Navigating AI’s Impact on Advertising, Marketing and Intellectual Property

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As Artificial Intelligence (AI) continues to shape advertising and marketing, it intersects with key areas of law-competition, consumer protection, privacy, and intellectual property (IP). In Canada, these are governed by competition and copyright legislation, and industry codes. Global regulations, including EU and Colorado AI legislation, further frame how businesses should approach AI usage. In this episode of In Focus, Baker McKenzie’s Adam Aft, co-lead of our North America Technology Transactions team, joins Sarah Mavula and Mike Rubinger to discuss the practical…

In Artificial Intelligence

FTC Cracks Down on Deceptive AI Practices

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The Federal Trade Commission (FTC) recently announced Operation AI Comply, an enforcement sweep targeting a diverse swathe of organizations that offer deceptive artificial intelligence (AI) products or use AI products in ways that harm consumers. The campaign demonstrates that the FTC is following through on past promises to crack down on deceptive AI and offers insight into the types of conduct that may attract the agency’s scrutiny. The announcement observes: “The cases included in this…

In Artificial Intelligence

We’re Off to the Races – Texas Brings First Healthcare Gen AI Enforcement Action

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In brief In September 2024, Texas’ Attorney General announced a “first-of-its-kind” settlement with a healthcare generative artificial intelligence (“Gen AI”) company over what it said were “false, misleading, or deceptive” Gen AI products that aid physicians and medical staff in drafting clinical notes and charts. Per the Attorney General, the Company’s advertised hallucination rate was “very likely inaccurate” which “may have deceived hospitals about the accuracy and safety of the Company’s products.” The settlement provides…

In Artificial Intelligence

AI Innovation in California Prevails: California Governor Nixes Major AI Legislation

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On September 29, 2024, California Governor Gavin Newsom vetoed Senate Bill 1047, which would have enacted the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (the “Act”) to create a comprehensive regulatory framework for the development of artificial intelligence models. The veto embodies the dilemma that has emerged around the regulation of AI applications: how can laws prevent harms in the use and development of AI, while promoting innovation and harnessing the power…

In Artificial Intelligence

Minding Your Data: New Law Expands CCPA’s Sensitive Personal Information to Include Neural Data

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“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…

In California Privacy Law

The Nuts and Bolts of the proposed California Safe and Secure Innovation for Frontier Artificial Intelligence Models Act

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If passed, SB-1047, the California Safe and Secure Innovation for Frontier Artificial Intelligence Model Act, would introduce product safety, documentation and reporting obligations on developers of AI systems. Currently awaiting passage in the state Assembly, the bill would be a landmark regulation for the burgeoning AI industry. The law as currently written would mainly target larger AI projects developed by companies with extensive resources, rather than smaller startups. However, operators of data centers would also…

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

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…

In Artificial Intelligence

Canada: Competition Bureau seeks comments on the effects of artificial intelligence on competition

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In brief The Canadian Competition Bureau (“Bureau”) has announced a significant initiative to explore the impacts of artificial intelligence (“AI”) on competition in Canada. On 20 March 2024, the Bureau published a discussion paper, entitled “Artificial intelligence and competition” (“Discussion Paper”), and has requested feedback from the public. The Bureau is seeking to better understand how AI can affect competition in Canada. It is also seeking to determine how it can better prepare to address…

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