The FCC has issued a declaratory ruling, employing the protection of the Telephone Consumer Protection Act (TCPA) to outlaw robocalls that use AI-generated voices. The Commission’s unanimous decision was spurred by public fallout from the doctored audio message of a purported President Biden urging voters in New Hampshire not to vote in the state’s Democratic primary last month. The announcement makes clear that the potential for malicious actors to use AI to deceive voters and subvert democratic processes is on the government’s top-of-mind this election year. This is not the first time that the TCPA has been used to protect the public from election interference, but rather than go after individual actors for individual instances of election interference as it has in the past, this decision creates a much wider blanket ban on AI-generated voices in robocalls which will cover election-related AI-generated calls among others.Continue Reading 2024 Is Set To Be Democracy and Deepfakes’ Biggest Year. Is U.S. Legislation …Ready For It?

Megan Baca moderated Ropes & Gray’s annual “From the Boardroom” panel – held in San Francisco during the 2024 J.P. Morgan Healthcare Conference – which this year looked at the role of artificial intelligence and big data in the context of dealmaking. It can feel hard to escape AI at the moment, with some debate as to whether AI is currently over-hyped or in fact at a transformational tipping point. Continue Reading Dealmaking with AI and Big Data – Charting the new frontier in life sciences

In a Law360 article, IP transactions and technology partner Regina Sam Penti, IP transactions counsel Georgina Jones Suzuki and IP transactions associate Derek Mubiru analyzed the recent trend of artificial intelligence (AI) providers offering indemnity shields and urged businesses to exercise caution in relying on these indemnities.

In response to a number of

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

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

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

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

As 2021 comes to a close, so does our 12 Days of Data series, but we will see you on the other side in 2022 with more posts on the top privacy and data protection issues. 2021 was an interesting year. While vaccinations spread and some sense of normalcy started to return, new strains of COVID-19 led to additional waves of shutdowns that stalled many of the debates. In 2022, we anticipate that the move toward a new normal will continue, and we will once again start to see traction on some of these data, privacy, and cybersecurity issues. As a preview, here are some of the key areas where we expect to see potential developments in 2022.
Continue Reading Closing out the 12 Days of Data: What to Expect in 2022