On October 30, 2023, President Biden issued a landmark Executive Order (EO) addressing artificial intelligence. The EO builds upon the White House’s Blueprint for an AI Bill of Rights released last year and includes requirements for cabinet secretaries, the corporate sector, and various White House offices, as well as proposed steps for independent federal agencies.
As Generative AI Tools Proliferate, Terms and Conditions Are Becoming a Key Differentiator
In the first half of 2023, a deluge of new generative artificial intelligence (“GAI”) tools hit the market, with companies ranging from startups to tech giants rolling out new products. In the large language model space alone, we have seen OpenAI’s GPT-4, Meta’s LLaMA, Anthropic’s Claude 2, Microsoft’s Bing AI, and others.
A proliferation of
President Issues Sweeping Executive Order to Manage Risks of AI
On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” (Fact Sheet, here) designed to spur new AI safety and security standards, encourage the development of privacy-preserving technologies in conjunction with AI training, address certain instances of algorithmic discrimination, advance the responsible use of AI
AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity
On Thursday, October 12, a bipartisan group of senators—Chris Coons (D-Del.), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), and Amy Klobuchar (D-Minn.)—released a Discussion Draft of the Nurture Originals, Foster Art, and Keep Entertainment Safe (dubbed the “NO FAKES”) Act that would protect the voice, image, or visual likeness of all individuals from unauthorized AI-generated digital
AI Legal & Regulatory News Update—Week of 10/22/23
Below is this week’s tracker of the latest legal and regulatory developments in the United States and internationally:
AI Intellectual Property Update:
- Former Arkansas Governor Mike Huckabee is a plaintiff in a new class action brought against Meta, Microsoft, EleutherAI, and Bloomberg. The complaint alleges that LLMs developed by these companies used their work without
AI Legal & Regulatory News Update—Week of 10/15/23
Steptoe has been tracking the fast-moving developments in artificial intelligence both in the United States and internationally. Below is this week’s update on legal and policy developments related to AI, with a focus on intellectual property and high-profile policy issues.
AI Intellectual Property Update:
- Following on the heels of a similar announcement from Microsoft,
AI Versus Westlaw Copyright Bellwether Hurtles Toward Jury as Summary Judgment Largely Denied
In one of the first lawsuits to allege that generative AI companies violate the U.S. Copyright Act by using copyrighted works to train machine learning models, Judge Stephanos Bibas of the Delaware Circuit Court recently denied the majority of issues raised in cross motions for summary judgment filed by plaintiff Thomson Reuters and defendant Ross
Commenters Discuss the Role of Artificial Intelligence and Machine Learning in How the FCC Should Manage Spectrum
Comments responding to an FCC notice of inquiry that seeks insight into how to obtain more sophisticated real-time knowledge of non-Federal spectrum usage have highlighted the importance and potential of AI and machine learning systems.
The Satellite Industry Association stated that, “sensing the physical surroundings together with AI will further enhance situational awareness. Sensing
AI Legal & Regulatory News Update—Week of 10/1/23
Steptoe has been tracking the fast-moving developments in artificial intelligence both in the United States and internationally. Below is an update on recent legal and policy developments related to AI, with a focus on intellectual property and high-profile policy issues.
AI Intellectual Property Update:
- Microsoft CEO Satya Nadella testified in the DOJ’s antitrust suit against
SEC Proposes New Requirements to Address Conflicts of Interest in the Use of Artificial Intelligence and Similar Technologies
On July 26, 2023, the SEC issued proposed rules under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to address conflicts of interest that the SEC believes are associated with the use by broker-dealers and investment advisers of predictive data analytics (PDA) and PDA-like technologies, such as artificial intelligence (AI),