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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 […]
Welcome to the AI Counsel Blog!
by John Jenkins
January 9, 2025
Welcome to the AI Counsel Blog! This blog’s objective is to highlight useful resources and share guidance on best practices for front-line risk management and compliance professionals who are dealing with the challenges of artificial intelligence, cyber, and other emerging technologies. Of course, we’ll continue to cover SEC and corporate governance developments in these areas […]
GenAI Tools: What Steps are Companies Taking to Mitigate Risks?
by John Jenkins
January 8, 2025
A recent Deloitte survey on the state of Generative AI adoption by businesses says that worries about regulatory compliance, difficulty managing risks and the lack of a governance model are among the top barriers to development and deployment of AI tools. The survey says that companies are working to establish risk mitigation programs and build […]
SDNY Court Rules DMCA Claim Can Proceed Against OpenAI
by Zachary Barlow
January 8, 2025
A number of legal cases are pending against AI developers alleging various intellectual property violations, but one case in New York may have broader implications for the AI industry. The Intercept alleges that OpenAI, creator of ChatGPT, violated the Digital Millennium Copyright Act (DMCA). The Intercept alleges that OpenAI used copyrighted works in its AI […]
Managing AI Risks in the Hiring Process
by John Jenkins
January 7, 2025
Artificial intelligence tools are being used across an increasingly wide spectrum of applications, each of which presents their own unique risk management challenges. This Torys memo discusses the use of AI tools in employee recruitment and retention and provides an overview of the regulatory framework and the key risks companies face when using these tools. […]