AI Counsel Blog Posts
AI Risk Management: What Not to Do
by John Jenkins
January 27, 2025
A lot of attention is paid to “best practices” when it comes to risk management. A recent article in The CPA Journal takes the opposite approach and calls out AI risk management “worst practices.” Since the publication’s target audience is accountants, it’s not surprising that it highlights the problems associated with ignoring the financial statement […]
How to Get the Most Out of Your Cyber Insurance
by Zachary Barlow
January 23, 2025
A cyber attack can present organizations with many challenges including loss of consumer confidence and disruption to daily operations. Losses can mount quickly and the costs incurred by incident response vendors can impose further financial burdens. Many firms have begun offering cyber insurance to help companies protect against these losses. Some have voiced concerns and […]
New Administration Revokes 2023 Executive Order on AI
by Zachary Barlow
January 22, 2025
The federal regulatory perspective on AI is shifting as the new administration has nullified the 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The previous Order created eight principles and priorities for the development of AI and its revocation signals that the new administration may be taking a […]
House AI Taskforce Urges Incremental Sectoral Regulation
by Zachary Barlow
January 21, 2025
AI has arrived quickly and continues to develop at a rapid pace, leaving governments asking the question: how should we regulate AI? A new report issued by the House bipartisan task force on artificial intelligence may give some insight into how US lawmakers and regulators are thinking about this issue. One main takeaway is lawmakers’ […]
Will Regulators Make Technology Asset Inventories Mandatory?
by Zachary Barlow
January 20, 2025
As data leaks and cyberattacks continue to create global disruptions, regulators are looking for ways to reduce cyber risks and protect sensitive data. To that end, the Department of Health and Human Services Office for Civil Rights (OCR) has recently put forward a Notice of Proposed Rulemaking (NPRM) to modify HIPPA Security Rules, including a […]
Data Privacy: Plenty of Legislative Activity in 2025
by John Jenkins
January 16, 2025
This Wilson Sonsini memo makes some predictions about U.S. privacy, cybersecurity and consumer protection legislative and regulatory activity in 205. This excerpt says that we will see a lot of state data privacy legislation come online during the new year, and that while we shouldn’t hold our breath waiting for the FTC to adopt its […]
DHS Issues AI Risk Management Framework for Critical Infrastructure
by John Jenkins
January 15, 2025
In November 2024, the Department of Homeland Security issued a new “Roles and Responsibilities Framework for AI in Critical Infrastructure,” which summarizes the risks posed by AI to critical infrastructure and sets forth a risk mitigation framework for key constituencies. This excerpt from an Industrial Cyber article summarizes the objectives of the DHS framework: The […]
AI Litigation: The Current State of AI-Related Copyright Lawsuits
by John Jenkins
January 15, 2025
Ropes & Gray recently issued a memo on the current state of AI-related copyright litigation. The article notes that more than 15 notable copyright infringement suits are pending across the country against AI platforms. These suits are premised on various theories of liability, including allegations that AI models infringe copyrights through training with copyrighted works, […]
AI Governance Policies: Cyber Teams on the Outside Looking In
by John Jenkins
January 14, 2025
A recent IT Security Guru article says that when it comes to the development of policies governing the use of AI technologies and in developing new AI tools, corporate cybersecurity teams often find themselves out of the loop: Only 35% of cybersecurity professionals or teams are involved in the development of policy governing the use […]
Evaluating AI Business Risks: Considerations for Risk Managers
by John Jenkins
January 13, 2025
A recent MarshMcLennan memo highlights key steps for risk managers to take in order to effectively implement an artificial intelligence strategy and manage the risks associated with it. The memo says that starting point is to clarify where responsibility for AI risk management lies within the organization. Marsh notes that this is often ambiguous, but […]