Equal Employment Opportunity Commission & AI

AI in the workplace is ubiquitous and expanding rapidly. It is not only about replacing workers with robots, but instead is about the broader notion of using AI tools to assist with employment-related decisions. Commissioner Sonderling, more than any other EEOC official, has labored extensively in this area in terms of writing professional papers, giving speeches, and spearheading the Commission’s guidance in this area.

Read takeaways from the Employment Practices Liability Insurance Conference on the Duane Morris Class Action Defense Blog.

The AI Update | October 5, 2023

#HelloWorld. Fall begins, and the Writers Guild strike ends. In this issue, we look at what that means for AI in Hollywood. We also run through a dizzying series of self-regulating steps AI tech players have undertaken. As the smell of pumpkin spice fills the air, let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

AI and the Writers Guild. Screenwriters ended a nearly five-month strike with a tentative new agreement good through mid-2026. The Minimum Basic Agreement (MBA) includes multiple AI-centric provisions. The AI-related highlights: Continue reading “The AI Update | October 5, 2023”

Webinar: Where Our AI Policy Is Headed

Please join Duane Morris partner Agatha Liu and representatives from the USPTO and U.S. Copyright Office for a discussion on the development of AI policies on October 26, 2023, from 12:00 p.m. to 1:00 p.m. Pacific.

This webinar, hosted by the California Lawyers Association, will address the US Copyright Office’s and USPTO’s recent requests for public comments, which touch on several novel and hotly contested issues regarding determining how to incorporate copyrighted works in datasets used to train AI models, tracking and disclosing AI models and the input and output data of AI models, and assigning liability for outputs produced by AI models.

For more information and to register, please visit the CLA website.

Webinar: Get Smart with AI: Best Practices for Using AI in Business

Duane Morris will present Get Smart with AI: Best Practices for Using AI in Business, a webinar on the benefits, risks and mitigation strategies for using AI in business, on Tuesday, October 17, 2023, from 12:00 p.m. to 1:00 p.m. Eastern.

REGISTER

About the Program

The AI revolution has already begun. To remain competitive in the AI era, businesses must learn and adapt as quickly as AI technology does. Topics include: introduction to AI; global response to AI including relevant laws and initiatives; possible uses of AI in business; and specific AI risks and mitigation strategies for copyright and IP rights and ownership issues, privacy and security compliance, employment law compliance, scraping of business data, and other takeaways. 

Speakers

    • Sandra A. Jeskie
    • John M. Benjamin
    • Matthew C. Mousley
    • Luke P. McLoughlin
    • Jennifer M. Lantz
    • Alex W. Karasik

Learn more about the event and Duane Morris’ artificial intelligence team.

Mitigating AI Bias with Responsible AI Design

Now that artificial intelligence (AI) is employed widely with unprecedented consequences, there is quite a scramble to implement mitigating measures. For example, the United Trademark and Patent Office (USPTO) is soliciting public comments on what steps the USPTO should take to mitigate harms and risks from AI-enabled invention. Many of the proposed guardrails are applicable to the deployment of AI technology, to conform original output of the AI technology to desired principles, policies, guidelines, etc. However, it is no less valuable to improve the design of the AI technology, especially when various computational techniques can be readily applied.

One fundamental issue with the AI technology is producing inaccurate output, with random, sporadic errors or, more damagingly, systemic deviations leading to bias. This article presents a systematic review of how computational techniques can be utilized to help mitigate such bias.  […]

Read the full article by Agatha Liu, Ph.D. 

The AI Update | September 18, 2023

#HelloWorld. In this issue, the Copyright Office asks all the right questions—but will it do something interesting with the answers? Microsoft and Adobe offer clever ideas of their own. And, surprise (not really): Two new lawsuits against AI developers. Let’s stay smart together. (Subscribe to the mailing list to receive future issues.)

The Copyright Office has questions. Since the spring, the U.S. Copyright Office has devoted considerable effort to its AI Initiative, launching an AI webpage, holding four public listening sessions, and hosting educational webinars. In what it calls a “critical next step,” the Office on August 30 published a notice of inquiry asking for written comments (due October 18) on around 66 wide-ranging AI-related questions. Continue reading “The AI Update | September 18, 2023”

The Future of Digital Art as Training Material For Generative Artificial Intelligence Models

Before ChatGPT and other artificial intelligence (AI) large language models exploded on the scene last fall, there were AI art generators, based on many of the same technologies. Simplifying, in the context of art generation, these technologies involve a company first setting up a software-based network loosely modeled on the brain with millions of artificial “neurons.” […] This article has two goals: to provide a reader-friendly introduction to the copyright and right-of-publicity issues raised by such AI model training, and to offer practical tips about what art owners can do, currently, if they want to keep their works away from such training uses. […]

Read the full Art Business News article. 

Safeguarding Companies’ Online Data in the AI Era

The rapidly evolving landscape of advanced technology renders data one of the most valuable commodities today. This is especially true for artificial intelligence (AI), which can advance significantly in capability and complexity by learning from massive data sets used as training data. …

[This article identifies] considerations companies should account for when undertaking efforts to protect their online data based on an analysis of legal protections applicable to companies’ online data against unauthorized use.

Read the full article by Agatha H. Liu and Ariel Seidner.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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