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C-Suite’s Infatuation with Generative AI Puts the Heat on CISOs
by John Jenkins
February 13, 2025
It’s pretty clear that Generative AI is this year’s “shiny object” for the vast majority of folks occupying corporate C-suites, but while everyone else is in “damn the torpedoes!” mode, a recent CSOonline article says that CISOs are stressing out: According to a recent survey from NTT Data, 89% of C-suite executives “are very concerned about […]
New AI Framework Tackles Algorithmic Bias
by John Jenkins
February 12, 2025
One of the major risks associated with AI tools is unintended bias against individuals based on race, gender, or other protected characteristics. This can result from, among other things, flaws in training datasets, faulty decision criteria, or model drift. In order to help organizations mitigate the risk of unintended bias, the Institute of Electrical and […]
State Emerging Tech Laws: AI & Data Privacy Law Trackers
by John Jenkins
February 11, 2025
While the future of federal regulation of AI and other emerging technologies is uncertain, as we blogged last month, state legislatures aren’t waiting on the feds. If you’re looking to keep up with state legislation affecting emerging technologies, we’ve found a couple of tools that we think you’ll find helpful. On the AI front, Orrick […]
Algorithmic Disgorgement: Understanding AI’s “Death Penalty”
by John Jenkins
February 10, 2025
A recent Risk Management Magazine article notes that companies that train AI tools on consumer data collected without proper consent can face significant penalties from regulators. These penalties include “algorithmic disgorgement,” in which companies are compelled to delete specific datasets used to train AI models and, potentially, to delete the algorithm underpinning a key service. […]
DOJ Publishes New Data Export Control Rules
by Zachary Barlow
February 6, 2025
The Department of Justice (DOJ) published new final rules in January that introduced compliance obligations for transferring sensitive data to foreign persons. Broadly, the rules prohibit any data brokerage of sensitive data with persons associated with certain countries of concern, including China. A recent memo from Wilson Sonsini provides easy steps for determining if your […]
Copyright Office Report Rejects New Protections for AI-Generated Content
by Zachary Barlow
February 5, 2025
Generative AI models have pushed the boundaries of existing Intellectual Property (IP) laws. AI IP issues generally fall into two camps, the IP rights attached to training data and the IP rights of AI-generated content. We’ve covered several developments related to the former, but the latter is equally important. The U.S. Copyright Office recently published […]
First Portions of EU AI Act Take Effect
by Zachary Barlow
February 4, 2025
The first phase of the EU’s new AI legislation takes effect this month and bans certain AI systems from EU markets. This ban is the first in a series of phased-in obligations leading to full implementation by August 2026. The ban prohibits eight types of AI systems. The EU found that these systems are discriminatory, […]
New Administration Orders AI Policy Plan
by Zachary Barlow
February 3, 2025
A couple of weeks ago I wrote about the Trump administration’s revocation of Biden’s executive order on AI development. Now the new administration has issued its own executive order which outlines a timeline for further policy developments. A recent memo from Davis Polk outlines the contents of the order: “Among other things, President Trump’s AI […]
Commerce Dept. Issues New Export Restrictions on AI Technology
by John Jenkins
January 30, 2025
During the Biden administration’s waning days, the Commerce Department issued a new rule imposing significant new restrictions on the export of advanced AI technologies and model weights. This excerpt from Dentons’ memo on the new rule provides some specifics on the technologies that are restricted: Amongst other requirements, the new rule requires a license to […]
Cybersecurity: Four Ways to Build Cyber Resilience
by John Jenkins
January 29, 2025
A recent Aon report highlights how the rapid development of AI has led to equally rapid changes in the insurance risk landscape. Risk profiles traditionally focused on tangible assets such as property and equipment, but the increasing value of intangibles, including AI algorithms and data, requires a shift in how risks are assessed and managed. […]