Artificial Intelligence (AI)

Subscribe to Artificial Intelligence (AI) via RSS

In a Law360 article, co-authored by data, privacy & cybersecurity partner Fran Faircloth and associate May Yang, the team reflect on 2023 Global AI highlights, noting “2023 stands out as a landmark year for artificial intelligence and for generative AI in particular.”

“The launch of OpenAI’s ChatGPT in late 2022 marked a turning point, igniting a global race among tech companies and investors to harness and evolve this burgeoning technology,” said Fran and May. This development brings a myriad of legal implications, touching on intellectual property challenges, data privacy and cybersecurity risks, and ethical considerations in AI Deployment.Continue Reading Reviewing 2023’s Global AI Landscape Across Practice Areas

2023 was the year of artificial intelligence — and 2024 is already shaping up to be more (much more) of the same.  The European Union’s legislative bodies passed the AI Act earlier this month, and although the text has yet to be finalised on the world’s first comprehensive AI law, the hype around it already feels unstoppable.  That hype will turn into hard work over the next 12 months, as organisations grapple with understanding their obligations under the Act and putting in a governance framework that meets those obligations.  Needless to say, it will not be an easy task.Continue Reading The Three European Union Laws That Need Your Attention in 2024

The past year has seen unprecedented growth and development of artificial intelligence (“AI”) tools, which have been significantly propelled by the rapid deployment of generative AI (“GenAI”) tools.  The health care and life sciences industries have increasingly sought the use of AI and GenAI tools to promote innovation, efficiency and precision in the delivery of treatment and care, as well as in the production of biologics and medical devices.  For example, AI tools may more accurately predict and analyze diagnostic test results and develop personalized treatments than traditional tools; may improve clinical trial design, eligibility screening and data analysis; may be used as a diagnostic tool in a clinical trial designed to assess the safety or efficacy of a medical device; and may be used to accelerate the drug development timeline.  While such uses raise inherent concerns regarding, among other things, the improper use and/or disclosure of personal information, the introduction and/or perpetuation of bias and discrimination, as well as data security, reliability, transparency and accuracy, there is currently no developed federal or cohesive state regulatory framework designed to minimize such risks.  Continue Reading The 2023 AI Boom Calls for Further Regulation of the Use of AI Tools in the Health Care and Life Sciences Industries

Earlier this year, the UK government released an AI white paper outlining its light-touch, pro-business proposal to AI regulation. Eight months on, and the UK appears to be sticking firm with this approach, with Jonathan Camrose (UK First Minister for AI and Intellectual Property) stating in a speech on 16 November 2023 that there will be no UK law on AI ‘in the short term’.

This stance has been taken in spite of the developments being made around the world in this area. The EU for example, by contrast, continues to make significant steps towards finalization and implementation of its landmark AI Act, with policy-makers announcing that they had come to a final agreement on the Act on 8 December 2023. Progress has also been made across the pond with President Biden issuing the executive order on Safe, Secure and Trustworthy Artificial Intelligence on 30 October 2023, with the intention of cementing the US as a world leader in the field. The UK’s reluctance to regulate in this area has been criticised by some as not addressing consumer concerns – but will this approach continue into 2024?Continue Reading AI Regulation in 2024 – Will The UK Continue to Remain The Outlier?

On October 30, 2023, President Biden issued an executive order (“EO”) on the safe, secure, and trustworthy development and deployment of artificial intelligence (“AI”) that has the potential to set far-reaching standards governing the use and development of AI across industries. Although the EO does not directly regulate private industry, apart from certain large-scale models…

Screenshot 2023-09-05 153741

On this episode of the R&G Tech Studio, mergers & acquisitions partner Sarah Young sits down with data, privacy & cybersecurity partner Fran Faircloth to discuss how she advises clients on all aspects of corporate strategy, and whether she thinks artificial intelligence and machine learning will impact her clients in the months and years…

The UK Information Commissioner (ICO) was reportedly set to sound a note of caution recently, at Politico’s Global Tech Day, regarding the potential privacy risks that can arise in the context of generative artificial intelligence (AI).  

Privacy risks of generative AI

While acknowledging the potentially significant advantages and benefits that generative AI can bring, both to organisations and society more generally, the ICO’s Exec Director of Regulatory Risk, Stephen Almond, was expected to reiterate to businesses the need to consider the potential data protection issues around generative AI, noting that ensuring the compliance of such technologies with applicable data protection laws needs to be robustly scrutinised.Continue Reading UK Information Commissioner Warns of Privacy Risks Around Generative AI

On this episode of the R&G Tech Studio, intellectual property transactions and technology co-leader Megan Baca, who’s also co-leader of the firm’s digital health initiative, sits down with data, privacy & cybersecurity partner Fran Faircloth to discuss the innovation of AI and its impacts on collaboration, research and development, particularly in the digital health…

Artificial intelligence-enabled technology tools are capable of dissecting large quantities of data faster than ever before and in some cases, in real time. However, the increasingly widespread use of AI challenges regulators to balance the benefits of innovation while protecting patient safety, health and privacy rights. An Intellectual Property & Technology Law Journal article on…

Artificial Intelligence (AI), including machine learning and other AI-based tools, can be effective ways to sort large amounts of data and make uniform decisions. The value of such tools has been embraced by some employers as an efficient way to address current increased hiring needs in the current job market. The use of artificial intelligence () as an aid to employers in making employment decisions—e.g., recruitment, resume screening, or promotions—has been on the radar of lawmakers and regulators in recent years, particularly out of concern for the risk that these tools may mask or entrench existing discriminatory hiring practices or create new ones. For example, some workers have filed charges with the Equal Employment Opportunity Commission (EEOC) based on alleged discrimination that resulted from employers’ use of AI tools, leading the EEOC to establish an internal working group in October 2021 to study the use of AI for employment decisions. Elsewhere, a bill addressing the discriminatory use of AI was proposed in Washington, DC in late 2021, and Illinois enacted one of the first U.S. laws directly regulating the use of AI in employment-related video interviews in 2019. In contrast, a bill proposed in California in 2020 suggested that AI could be used in employment to help prevent bias and discrimination.

On November 10, 2021, the New York City Council passed the latest such bill, which places new restrictions on New York City employers’ use of AI and other automated tools in making decisions on hiring and promotions. The measure—which takes effect on January 2, 2023—regulates the use of “automated employment decision tools” (AEDTs) which it defines as computational processes “derived from machine learning, statistical modeling, data analytics, or artificial intelligence” that issue a “simplified output” to “substantially assist or replace” decision-making on employment decisions (i.e., hiring new candidates or promoting employees). Under the new law, employers and employment agencies are barred from using AEDTs to screen candidates unless certain prerequisites are met. First, the AEDT must be subject to a bias audit within the last year. Second, a summary of the results of the most recent audit, as well as the distribution date of the AEDT, must be made publicly available on the employer’s or employment agency’s website. The law describes this “bias audit” as “an impartial evaluation by an independent auditor” which “shall include, but not be limited to” assessing the AEDT’s “disparate impact on persons” based on race, ethnicity, and sex.Continue Reading NYC Law Aims To Reduce Bias Introduced by AI in Employment Decisions