As consumer demand for new artificial intelligence (“AI”) tools continues to grow, businesses must be prepared to build tools with “privacy by design” principles in mind, and to remain educated about privacy best practices and risk mitigation strategies when working with AI. The following areas provide the greatest opportunities to manage data privacy risks and
Privacy & Data Security
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),…
Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns
In today’s rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting it for countless cost-effective purposes. As nonprofit executives, you may wonder how AI intersects with intellectual property and data privacy law and how it…
Time is Short – Reporting your Data Breach
Companies that are subject to the registration and disclosure requirements of the United States Securities Act and Securities Exchange Act face the challenge of complying with a broad variety of detailed regulations addressing their disclosure and reporting obligations. The Securities Exchange Commission recently adopted regulations which will have an impact on publicly traded companies that…
Senate Judiciary Subcommittee on Intellectual Property Hearing on Artificial Intelligence and Intellectual Property – Part II: Copyright
In an unconventional opening to the normally staid proceedings of the United States Senate, the voice of Frank Sinatra introduced the July 12, 2023 Senate Judiciary Subcommittee hearing on artificial intelligence (AI) and intellectual property. More accurately, an AI-generated version of Frank Sinatra’s voice sang about regulating AI to the tune of New York, New…
FTC Launches Investigation into OpenAI
Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that…
ChatGPT ‘hallucinates’ and other conclusions from OpenAI’s paper on safety concerns
ChatGPT is a powerful tool for work and study purposes. From an enterprise perspective, being able to find answers to complex questions by simply typing in a prompt is attractive. However, it is essential to consider the veracity of the information obtained. A recent paper published by OpenAI – the developer of ChatGPT – explores…
Launching the Privacy Law Podcast
The scale, pace and far-reaching consequences of technological change present significant challenges to lawmakers and regulators around the world. The transformative economic and commercial potential of artificial intelligence and the real-world impact of autonomous and connected vehicles and the internet of things come with significant implications for privacy, intellectual property rights and cybersecurity. To help…
The EU’s “AI Act” Advances
In a move that could significantly alter the legal landscape surrounding artificial intelligence, the European Parliament recently advanced the “AI Act,” a proposed law aiming to restrict and regulate commercial use of AI in the EU.…
Is Privacy Enforcement Impending for Generative Artificial Intelligence Technologies?
Just last week, researchers at Robust Intelligence were able to manipulate NVIDIA’s artificial intelligence software, the “NeMo Framework,” to ignore safety restraints and reveal private information. According to reports, it only took hours for the Robust Intelligence researchers to get the NeMo framework to release personally identifiable information from a database.[1] Since these vulnerabilities were…