AI Counsel Blog Posts
Department of Commerce Issues RFI on American AI Exports Program
by Zachary Barlow
November 3, 2025
Part of the federal government’s AI strategy is strengthening US AI exports. To this end, the administration issued EO 14320, which promised the creation of an American AI Exports Program. This program will support companies in developing “full-stack” AI export packages, which means that these packages will include all aspects of an AI system, including […]
AI Regulation: California Enacts Safety Standards for Companion Chatbots
by John Jenkins
October 30, 2025
Companion AI chatbots are intended to act as your pal or therapist, which given the current state of AI tools seems to me to involve a high risk of “creepy” behavior by the bot. California legislators apparently have concerns along the same lines, and recently enacted Senate Bill 243, which mandates specific safeguards for companion […]
Cybersecurity: Cyber Insurers’ Response to Increasing Risks
by John Jenkins
October 29, 2025
According to a recent article published by DarkReading.com, a cybersecurity news site, the number of software security vulnerabilities is increasing exponentially, with nearly 33,000 common vulnerabilities and exposures, or CVEs, identified through mid-September. The number of CVEs is expected to climb to 47,000 by year-end. This risk environment creates significant challenges for companies and their […]
Bot Protection: Using CAPTCHA to Prevent AI Scraping
by John Jenkins
October 28, 2025
Debevoise has a very good blog on AI and other emerging technologies, and the firm posted an announcement about an action that it has recently taken to protect its content from AI bots looking to scrap data from its blog. Here’s an excerpt: If you’ve visited the Debevoise Data Blog recently, you will have noticed […]
Risk Management: Lessons From the AWS Outage
by John Jenkins
October 27, 2025
Last week’s Amazon Web Services outage provided an unpleasant reminder of just how dependent we all are on a small number of cloud services providers. This excerpt from a recent Forrester blog has some recommendations for companies on how to improve their cloud resilience: From a cloud resilience perspective, enterprise tech leaders have two lines of action […]
USPTO Signals Increased Patent Protections for AI and Machine Learning
by Zachary Barlow
October 23, 2025
John previously wrote about an internal memo at the US Patent and Trademark Office (USPTO). That memo encouraged USPTO patent examiners to exercise greater care before deeming AI and machine learning patent-ineligible abstract ideas. Now, a recent reversal from the USPTO shows that reasoning in action. In Ex parte Desjardins, Appeal 2024-000567, the patent examiner […]
New Chatbot Laws Emerging in U.S.
by Zachary Barlow
October 22, 2025
Of all the new AI applications on the market, the one most people are familiar with is the chatbot. Companies have deployed chatbots in a variety of functions, from customer service to healthcare. However, being the most popular AI offering to date, they have also caught the attention of lawmakers. So far, at least eight […]
Case Study: Gen AI Tips for Marketing Teams
by Zachary Barlow
October 21, 2025
Generative AI (gen AI) might seem like a great tool for marketing teams. However, it comes with some significant risks to manage. For one, generative AI is not a person and therefore its outputs are not inherently protected by copyright. Additionally, gen AI models are built on existing works, and their outputs may infringe on […]
California to Require Privacy Options in Internet Browsers
by Zachary Barlow
October 20, 2025
California has led the nation in online privacy legislation for years. The California Consumer Privacy Act (CCPA) requires in-scope companies to allow users to opt out of certain data-gathering practices. However, as it stands, this is done on a website-by-website basis, making opting out burdensome and confusing for users. That is about to change with […]
Ensuring AI Compliance Through Contract Provisions
by Zachary Barlow
October 16, 2025
With AI regulations popping up on a state-by-state basis, regulators expect companies to be in compliance with multiple regulatory schemes. Whether you’re a user or developer of AI, new obligations are coming into force regulating your activity. Managing AI use internally might be relatively straightforward. However, how do you ensure that your vendors or customers […]