Artificial intelligence (AI) and machine learning technologies utilize advances in hardware, algorithms, and data sets to solve complex problems and accomplish specific tasks using human-like learning, sensing, planning, and communication. By drawing on large amounts of data, AI systems can learn from experience, adjust to new inputs, and perform advanced tasks. AI can be deployed in many different contexts across a range of industries, potentially allowing for improvements in fraud and risk detection, supply chain management, chat bots and virtual assistants, facial recognition, content curation, health care decision-making, and deployment of autonomous and semi-autonomous vehicles.

The legal and regulatory landscape of AI is evolving quickly. Certain sector-specific laws can restrict how AI is deployed in areas such as credit and employment decision-making. Privacy and cybersecurity laws and regulations directly impact how the large data sets that underpin AI can be used. The National Institute of Standards and Technology (NIST) at the U.S. Department of Commerce has released a plan for federal AI standards development that will bear directly on potential regulatory approaches. And laws, regulations, and policy expectations will continue to evolve in the coming years, on a federal, state, and international level. Companies must navigate potential regulatory and liability risks as they deploy AI for beneficial uses in the context of a shifting legal landscape. Key issues include:

  • Algorithmic explainability and transparency requirements
  • Concerns with potential algorithmic biases
  • Disclosure obligations
  • Management and governance of data
  • Use limitations
  • Restrictions and obligations under privacy law
  • Cybersecurity concerns
  • Intellectual property protection, including in government contracts

Our interdisciplinary team attorneys regularly advise clients on legal issues related to AI, machine learning, and big data, helping them to understand existing and potential legal requirements and manage legal and regulatory risks. Our combined experience includes working on AI-related legal issues in the government; extensive insight into developing privacy, cybersecurity, intellectual property, and other requirements; and deep familiarity with helping clients manage technological change in evolving regulatory landscapes. We also have wide-ranging experience engaging with federal agencies and international regulators on technology-related issues including AI. Our work extends from helping to implement a proactive compliance strategy for AI deployment to advocacy on key issues to enhance the beneficial uses of AI and machine learning.

Contact Us

Duane C. Pozza
202.719.4533 | dpozza@wiley.law

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