The AI Update | May 2, 2023

#HelloWorld. We originally thought this edition would focus on OpenAI’s attempts to self-regulate GPT usage, but the European Union had other plans for us. This past Thursday, news broke of an agreement to add generative AI tools to the AI Act, the EU’s centerpiece AI legislation. So today’s issue starts there, before discussing OpenAI’s and others’ recent announcements regarding training data access and usage. Let’s stay smart together. (Subscribe to the mailing list to receive future issues).

The EU’s Artificial Intelligence Act: The EU has been debating a proposed AI Act since 2018. In 2021, it published a legislative framework that would classify AI products into one of four categories: unacceptable risk (and therefore forbidden); high risk (and therefore subject to regular risk assessments, independent testing, transparency disclosures, and strict data governance requirements); limited risk; and minimal risk. But this approach was developed before so-called “foundation models”—LLMs like ChatGPT and image generators like DALL-E and MidJourney—exploded into the public consciousness. So questions remained about whether the AI Act would be adjusted to accommodate this new reality.

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The AI Update | April 18, 2023

from the Duane Morris Technology, Media & Telecom Group

#HelloWorld. In this edition, momentum picks up in Congress, the executive branch, and the states to regulate AI, while more intellectual-property litigation may be on the horizon. Overseas, governments continue to be wary of the new large AI models. It’s getting complicated. Let’s stay smart together. 

Proposed legislation in the U.S.: Senate Majority Leader Chuck Schumer (D-N.Y.) revealed that his office has met with AI experts to develop a framework for AI legislation for release in the coming weeks. The proposal’s centerpiece would require independent experts to test AI technologies before their public launch and would permit users to access those independent assessments.

This is not the only AI-related legislative effort to have emerged from Congress. Last year, Senators Ron Wyden (D-Ore.) and Cory Booker (D-N.J.), and Representative Yvette Clarke (D-N.Y.) proposed the Algorithmic Accountability Act of 2022, focused on “automated decision systems” using AI algorithms to make “critical decisions” relating to e.g. education, employment, healthcare, and public benefits. The proposal would require these AI systems to undergo regular “impact assessments,” under the general supervision of the Federal Trade Commission. This bill has not yet emerged from committee.

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The AI Update | April 4, 2023

from the Duane Morris Technology, Media & Telecom Group

#HelloWorld. Welcome to the first edition of The AI Update. Every other week, we’ll provide you with a curated summary of the most relevant, impactful legal developments in the world of AI. Let’s stay smart together.

Our mission: Since ChatGPT’s public launch last November, the onslaught of AI-related news has been daily and relentless. We’ve guided our clients one-on-one about legal developments, the knowns and unknowns, and what we see coming down the road. So much so that a centralized information exchange—this newsletter—feels like a logical next step. Why every two weeks and why only one page? So as not to continue the flood. What if you want more detail? Contact us individually and we’ll get you up to speed. There’s a lot of noise out there; we try to focus on the signal.

Regulatory activity in the U.S.: For now, two agencies have emerged as the most vocal in the AI space (at least in public). The Copyright Office released guidance on how to seek copyright protection for works created with generative-AI assistance. In short: a human author is required and any AI-tool use must be disclosed and disclaimed. The Office is also holding a series of public listening sessions on this and other related AI topics, like the use of copyrighted works to train AI models. The sessions start on April 19—stay tuned for highlights in future editions of The AI Update.

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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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