Herring fishing – of all things – could have a big impact on AI regulation in 2024. That is, cases brought by two herring fishing companies are before the Supreme Court that could have wide-reaching influence. The cases challenge actions taken by the National Marine Fisheries Service and longstanding Chevron deference. Under Chevron, courts afford deference to reasonable agency interpretations of ambiguous laws. At oral argument last week, the Court signaled a willingness to overturn Chevron deference. This is notable for the Artificial Intelligence space that lacks explicit legislation from Congress. Indeed, the Executive Order on Artificial Intelligence last year is largely directed at Federal Agencies, instructing the agencies to take action. In the absence of Chevron deference, actions taken by agencies pursuant to that order could be more susceptible to legal challenge. Justice Kagan even called out AI in oral argument as an area that could see effects from the Court’s ruling. The Supreme Court is expected to rule by the end of June.
Replay: GDPR and Proposed AI Laws in Europe
A replay of The Data Privacy and Security Landscape: International Developments in Privacy is now available for viewing.
The AI Update | January 11, 2024
#HelloWorld. It’s 2024 and we… are…back. Lots to catch up on. AI legal developments worldwide show no signs of letting up, so here’s our New Year’s resolution: We’re redoubling efforts to serve concise, focused guidance of immediate use to the legal and business community. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)
FTC Staff Issues Reminders to AI Companies
Today, the Staff in the Office of Technology of the Federal Trade Commission (“FTC”) posted a reminder to AI companies, enumerating the ways that they can run afoul of the laws enforced by the FTC. In particular, FTC Staff called out Model-as-a-Service companies, and impressed the importance of safeguarding individual and proprietary data involved in creating the models. FTC Staff indicated that there could be both consumer protection and competition concerns associated with a failure to do so. Further, FTC Staff warned that AI companies need to be forthcoming in how data is being used, and companies that omit material facts that would affect whether customers buy a particular product or service may run afoul of competition laws.
Webinar: GDPR and Proposed AI Laws in Europe
Duane Morris LLP will present a webinar, The Data Privacy and Security Landscape: International Developments in Privacy, on Wednesday, January 17, 2024, at 11:00 a.m. Eastern time/11:00 p.m. Vietnam time.
About the Program
The web of data protection laws being introduced across the world continues to become ever more complex. This program will present a discussion of data protection laws in countries that present some of the most significant risks. Beginning in Europe, we will discuss the new rules around cross-border transfers, trends and approaches from the regulator to the enforcement of the GDPR and its interaction with proposed AI laws. Visit the Duane Morris website for more information. Continue reading “Webinar: GDPR and Proposed AI Laws in Europe”
Guidelines Discuss Role of Tech in Mergers
On December 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new Merger Guidelines. The new guidelines amend, update and replace the numerous versions of merger guidelines previously issued by both agencies.
Big tech platforms will likely continue to be in the agencies’ crosshairs, including by looking back or forward at smaller acquisitions that may enhance or extend dominant positions based on technology platforms or arguably eliminate potential competition.
AI and Trade Secrets: A Winning Combination
Duane Morris partner Jeremy Elman authored the article “AI and Trade Secrets: A Winning Combination” for IPWatchdog.
The article explores why trade secret law fits gen-AI innovations rather than other IP schemes, and how creators can be incentivized to use this new technology without risk of losing their valuable information. Read the full article on the IPWatchdog website.
California’s Generative AI Report Addresses Benefits and Risks of AI
By Milagros Astesiano and Ariel Seidner
Following Governor Newsom’s September 2023 Executive Order on Artificial Intelligence, the California’s state administration released a report analyzing the potential benefits and risks surrounding the use of Generative Artificial Intelligence (“GenAI”) within the state government (“Report”). This is the first of many steps called for under the Executive Order. Continue reading “California’s Generative AI Report Addresses Benefits and Risks of AI”
Replay – Get Smart with AI Webinar 11.15.23
A webinar replay of the Get Smart with AI webinar series session Strategic Contracting to Reduce Risk is now available.
The AI Update | November 8, 2023
#HelloWorld. The days are now shorter, but this issue is longer. President Biden’s October 30th Executive Order deserves no less. Plus, the UK AI Safety Summit warrants a drop-by, and three copyright and right-to-publicity theories come under a judicial microscope. Read on to catch up. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)