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In Artificial Intelligence

Setting the Standard: DHS Debuts First-of-its-Kind AI Safety Framework for Critical Infrastructure

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In brief On Thursday, November 14, 2024, the U.S. Department of Homeland Security (“DHS”) announced its groundbreaking “Roles and Responsibilities Framework for Artificial Intelligence in Critical Infrastructure” (“Framework”). The Framework is a guide for deploying AI safely and securely in all sixteen sectors of U.S. critical infrastructure, including communications, critical manufacturing, energy, financial services, healthcare, and information technology. It emphasizes the importance of risk-based mitigations to reduce potential harms to critical infrastructure and highlights the…

In Artificial Intelligence

Navigating AI’s Impact on Advertising, Marketing and Intellectual Property

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As Artificial Intelligence (AI) continues to shape advertising and marketing, it intersects with key areas of law-competition, consumer protection, privacy, and intellectual property (IP). In Canada, these are governed by competition and copyright legislation, and industry codes. Global regulations, including EU and Colorado AI legislation, further frame how businesses should approach AI usage. In this episode of In Focus, Baker McKenzie’s Adam Aft, co-lead of our North America Technology Transactions team, joins Sarah Mavula and Mike Rubinger to discuss the practical…

In Artificial Intelligence

FTC Cracks Down on Deceptive AI Practices

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The Federal Trade Commission (FTC) recently announced Operation AI Comply, an enforcement sweep targeting a diverse swathe of organizations that offer deceptive artificial intelligence (AI) products or use AI products in ways that harm consumers. The campaign demonstrates that the FTC is following through on past promises to crack down on deceptive AI and offers insight into the types of conduct that may attract the agency’s scrutiny. The announcement observes: “The cases included in this…

In Artificial Intelligence

AI Innovation in California Prevails: California Governor Nixes Major AI Legislation

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On September 29, 2024, California Governor Gavin Newsom vetoed Senate Bill 1047, which would have enacted the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (the “Act”) to create a comprehensive regulatory framework for the development of artificial intelligence models. The veto embodies the dilemma that has emerged around the regulation of AI applications: how can laws prevent harms in the use and development of AI, while promoting innovation and harnessing the power…

In Artificial Intelligence

Minding Your Data: New Law Expands CCPA’s Sensitive Personal Information to Include Neural Data

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“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…

In Artificial Intelligence

And…cut! California moves to restrict AI actors

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In brief On September 17, 2024, California Governor Newsom signed a pair of bills into law that seek to address the use of AI-generated digital replicas of performers in the state’s world-leading entertainment industry. These new laws will enhance protections for performers’ rights in digital reproductions of their likenesses and may require organizations that create, use, or contract for digital replicas to implement new measures to ensure compliance with the new legislation. Discussion The first…

In Artificial Intelligence

Over Fifty Countries Sign on to the Council of Europe’s Framework Convention on Artificial Intelligence, the First Legally Binding International Treaty on AI

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Background On September 5, 2024, the Council of Europe’s 46 member states, along with eleven non-members (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the US and Uruguay), signed the Council of Europe’s Framework Convention on Artificial Intelligence, the first legally binding international treaty to address AI technologies (the “Convention”). The Convention aims to ensure that AI is consistent with core principles like human rights, democracy and the rule of law,…

In Artificial Intelligence

Illinois Joins Colorado and NYC in Restricting Generative AI in HR (Plus a Quick Survey of the Legal Landscape Across the US and Globally)

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SHRM reports that one in four organizations currently use AI to support HR-related activities, with adoption of the technology expanding rapidly. The compliance risks arising from generative AI use also are intensifying, with an increasing number of state and local laws restricting employer use of AI tools in the United States. And not to be outdone, substantial regulation impacting multinational employers’ use of AI is emerging in other parts of the world (e.g., the EU AI Act).…

In Artificial Intelligence

US Copyright Office Calls for Federal Law on Deepfakes

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In brief On July 31, the United States Copyright Office published the first in a planned series of reports on the intersection of intellectual property with new AI technologies. This initial report, entitled “Copyright and Artificial Intelligence: Digital Replicas”, focuses on potential legal issues arising from the emergence of digital replica technologies that falsely depict an individual or individuals, which are commonly known as “deepfakes”. The report incorporates comments from the public in response to…

In Artificial Intelligence

NIST Publishes Draft Documents for Safer AI

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On April 29, 2024, the Department of Commerce’s National Institute of Standards and Technology (NIST) released initial drafts of four significant policy and governance documents aimed at improving the safety and reliability of AI systems. The launch came on the 180th day following President Biden’s Executive Order 14110 on the Safe, Secure and Trustworthy Development of AI, which instructed NIST to establish guidelines and best practices to promote consensus industry standards for developing and deploying…

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