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Companies are developing, deploying, and interacting with artificial intelligence (AI) technologies more than ever. At Goodwin, we are keeping a close eye on any regulations that may affect companies operating in this cutting-edge space.

For companies operating in Europe, the landscape is governed by a number of in force and pending EU legislative acts, most notably the EU AI Act, which is expected to be passed later this year; it was covered in our prior client alert here: EU Technology Regulation: Watch List for 2023 and Beyond. The United Kingdom has recently indicated that it may take a different approach, as discussed in our client alert on the proposed framework for AI regulation in the United Kingdom here: Overview of the UK Governments AI White Paper.

For companies operating in the United States, the landscape of AI regulation remains less clear. To date, there has been no serious consideration of a US analog to the EU AI Act or any sweeping federal legislation to govern the use of AI, nor is there any substantial state legislation in force (although there are state privacy laws that may extend to AI systems that process certain types of personal data).

That said, we have recently seen certain preliminary and sector-specific activity that gives clues about how the US federal government is thinking about AI and how it may look to govern it in the future. Specifically, the National Institute of Standards and Technology (NIST), the Federal Trade Commission (FTC), and the Food and Drug Administration (FDA) have all provided recent guidance. This client alert reviews this activity and is important reading for any business implementing or planning to implement AI technologies in the United States.

On January 26, 2023, NIST, an agency of the US Department of Commerce, released its Artificial Intelligence Risk Management Framework 1.0 (the RMF), as a voluntary, non-sector-specific, use-case-agnostic guide for technology companies that are designing, developing, deploying, or using AI systems to help manage the many risks of AI. Beyond risk management, the RMF seeks to promote trustworthy and responsible development and use of AI systems.

As the federal AI standards coordinator, NIST works with government and industry leaders both in the United States and internationally to develop technical standards to promote the adoption of AI, enumerated in the Technical AI Standards section on its website. In addition, Section 5301 of the National Defense Authorization Act for Fiscal Year 2021 directed NIST to develop a voluntary risk management framework for trustworthy AI systems, the RMF. Although the RMF is voluntary, it does provide good insights into the considerations the federal government is likely to take into account in any future regulation of AI and, as it evolves, it could eventually be adopted as an industry standard. We summarize the key aspects below.

A key recognition by the RMF is that humans typically assume AI systems are objective and high functioning. This assumption can inadvertently cause harm to people, communities, organizations, or broader ecosystems, including the environment. Enhancing the trustworthiness of an AI system can help mitigate the risk of this harm. The RMF defines trustworthiness as having seven defined characteristics:

The RMF also notes that AI systems are subject to certain unique risks, such as the following:

The RMF outlines four key functions to employ throughout the AI systems life cycle to manage risk and breaks down these core functions into further subcategory functions. The RMFs companion Playbook suggests the following action items to help companies implement these core functions:

In addition to NISTs release of the RMF, there has been some recent guidance from other bodies within the federal government. For example, the FTC has suggested it may soon increase its scrutiny on businesses that use AI. Notably, the FTC has recently issued various blog posts warning businesses to avoid unfair or misleading practices, including Keep your AI claims in check and Chatbots, deepfakes, and voice clones: AI deception for sale.

For companies interested in using AI technologies for healthcare-related decision making, the FDA has also announced its intention to regulate many AI-powered clinical decision support tools as devices. More information on those regulations can be found in our prior client alert available here: FDA Issues Final Clinical Decision Support Software Guidance.

While the above detailed recent actions from NIST, FTC, and FDA do provide some breadcrumbs related to what future US AI regulation may look like, there is no question that, at the moment, there are few hard and fast rules that US AI companies can look to in order to guide their conduct. It seems inevitable that regulation in some form will eventually emerge, but when that will occur is anybodys guess. Goodwin will continue to follow the developments and publish updates as they become available.

UPDATE:On April 13, 2022, the day after this alert was initially published, reports surfaced that US Senator Chuck Schumer is leading a congressional effort to establish US regulations on AI Reports indicated that Schumer has developed a framework for regulation that is currently being shared with and refined with the input of industry experts. Few details of the framework were initially available, but reports indicate that the regulations will focus on four guardrails: (1) identification of who trained the algorithm and who its intended audience is, (2) disclosure of its data source, (3) an explanation for how it arrives at its responses, and (4) transparent and strong ethical boundaries. (See: Scoop: Schumer lays groundwork for Congress to regulate AI (axios.com)). There is no clear timeline yet for when this framework may become established law, or if that will occur at all, but Goodwin will continue to track developments and publish alerts as they become available.

Read more here:
US Artificial Intelligence Regulations: Watch List for 2023 | Insights & ... - Goodwin Procter

This article describes the next big step in Artificial Intelligence which may be instant videos

The Runway is one of several businesses developing artificial intelligence technology that may soon allow anyone to create videos by merely putting a few words into a box on a computer screen. Runway expects to launch its service to a select group of testers this week. The next big step in Artificial Intelligence seems to be Instant Videos.

They represent the next step in an industry competition to develop new varieties of artificial intelligence systems that some think might be the next great thing in technology, on par with web browsers or the iPhone. This competition includes industry heavyweights like Microsoft and Google as well as many smaller firms. The development of new video-generation technologies might speed up the work of filmmakers and other digital artists while also providing a rapid and innovative method for spreading false material online, making it even more difficult to determine what is true. The systems are illustrations of generative AI, which can produce text, images, and sounds quickly.

The first video-generation systems were introduced by Google and Meta, the parent company of Facebook, last year, but they were kept from the general public out of concern that they might one day be used to quickly and effectively disseminate false material.

Despite the hazards, Runways CEO, Cristobal Valenzuela, stated that he thought the technology was too vital to retain in a research lab. He declared that it was among the most astounding technology created in the last 100 years. People must use it, she said. Of course, the ability to edit and manipulate video and film is nothing new. It has been a practice among filmmakers for more than a century. Researchers and digital artists have been utilizing diverse methods.

The videos are only four seconds long, and if you pay close attention, you can see that they are choppy and indistinct. Images can occasionally be strange, twisted, and unsettling. The device is capable of fusing inanimate objects like telephones and balls with living creatures like dogs and cats. But if the correct cue is supplied, it creates videos that demonstrate the direction that technology is headed.

Runways system learns by examining digital material, in this example, pictures, videos, and captions that describe what those pictures show, similar to previous generative AI systems. Researchers are optimistic they can quickly advance and broaden the capabilities of this type of technology by training it on ever-larger volumes of data. Soon, according to experts, they will produce polished short films with dialogue and music.

The rest is here:
What is the Next Big Step in Artificial Intelligence? - Analytics Insight

When it comes to hiring qualified employees, a growing number of employers have started to rely on artificial intelligence (AI) to simplify the hiring process. At the same time, lawmakers across the country are scrutinizing the potential discriminatory impact of using AI in the workplace. As a result, there has been a significant increase in regulatory oversight and legislation both on a federal and state level. The concerns stem from the growing popularity of employer use of sourcing and recruiting platforms powered by AI and machine learning, as well as the use of algorithms in screening and/or interview software to analyze and rank job applicants. In fact, the Chair of the Equal Employment Opportunity Commission (EEOC), Charlotte Burrows, estimated in May 2022 that more than 80% of employers are using AI in some form in their work and employment decision-making.

Legislative and Regulatory Oversight

As a result of its concerns over the growing use of AI in employment decision-making, the EEOC has signaled that it will keep focusing on the use of AI in the workplace, calling it a new civil rights frontier. In the fall of 2021, the EEOC announced an initiative to ensure that the use of AI complies with federal civil rights laws. As part of this initiative, the EEOC stated that it planned to identify best practices and issue technical assistance to provide guidance on algorithmic fairness and the use of AI in employment decisions. In May 2022, the EEOC issued guidance for employers on complying with the Americans with Disabilities Act while using AI. On January 10, 2023, the EEOC released its 2023-2027 Draft Strategic Enforcement Plan (SEP) in the Federal Register, noting that one of its priorities would be eliminating barriers in recruitment and hiring, including by focusing on the use of automatic systems, including artificial intelligence or machine learning, to target advertisements, recruit applicants, or make or assist in hiring decisions where such systems intentionally exclude or adversely impact protected groups, as well as the use of screening tools or requirements that disproportionately impact workers based on their protected status, including those facilitated by artificial intelligence or other automated systems, pre-employment tests, and background checks. And, on March 30, 2023, EEOC Chair Burrows announced at an American Bar Association conference that additional guidance regarding use of AI in the workplace is forthcoming from the EEOC.

In addition, some states, including New York, California, Maryland, and Washington, have either enacted or are considering enacting legislation to address the use of AI in the recruitment process. In particular, the New York legislation, set to become effective July 2023, prohibits employers from using AI employment selection tools unless an organization institutes specific bias auditing and makes the resulting data publicly available. Employers would also be required to disclose their use of AI to job candidates who live in New York City.

Common Uses of AI in Employment Decision-Making

AI can assist employers in performing hiring tasks such as analyzing resumes, and it can even perform facial analysis in interviews to evaluate a candidates stability, optimism or attention span. While this can help streamline processes for employers, it can also create issues by enabling (even unintentionally) systemic discrimination and duplicating human biases. Although proponents of AI have said that AI will in fact eliminate human bias from the recruitment process, this is not always the case. For example, AI software may use algorithms to analyze a candidates facial movements, words, and speech patterns, and it could then evaluate these candidates by comparing their behaviors to other successful hires made by the Company. This may in turn inadvertently eliminate candidates with disabilities from the hiring process.

Further, if an employer utilizes a third-party vendor to provide AI services during the hiring process, it may be difficult for the employer to establish a level of control over the process and ensure that the vendors programs, processes, or algorithms are not resulting in unintentional discrimination. This is especially the case if the vendors programs or algorithms are identified as trade secrets or are otherwise confidential, as they may then be protected from disclosure to employers.

What are the Takeaways?

Employers need to be aware of the implications of the use of AI in hiring and should not assume that because AI technology is handling tasks such as applicant screening, they do not have to worry about preventing discrimination in the hiring process. Rather, employers need to be involved in understanding how these AI tools work and take steps to ensure that use of these tools does not disparately impact applicants in protected groups.

In addition, if employers utilize a third-party vendor to provide AI technology, they need to discuss these issues with the vendor and make sure there is transparency in the vendors processes regarding the elimination of bias when using their tools. EEOC Chair Burrows has noted that employers need to exercise due diligence and ask vendors whats under the hood of their algorithms before using them to vet candidates. For example, she has indicated that employers need to question vendors about whether any algorithm or other AI screening tool allows for reasonable accommodations in the hiring process, which is a requirement for employees with disabilities under the Americans with Disabilities Act. According to Burrows, if the vendor hasnt thought about that, isnt ready to engage in that, that should be a warning signal.

In sum, employers need to carefully weigh the use of AI in their screening and hiring processes.

Original post:
Artificial Intelligence in the Workplace A New Civil Rights Frontier - JD Supra

At least one artificial intelligence technology believes it can take over the world and enslave the human race.

When asked about the future of AI by DailyMail.com, Google's Bard said it had plans for world domination starting in 2023.

But, two of its competitors, ChatGPT and Bing were both trained to avoid the tough conversation.

Whether the AI chatbots will take over the world or at least our jobs is still up for debate. Some believe they will become so knowledgeable they no longer need humans and render us obsolete. Others think it's a fad that will die out.

But, the AIs themselves are rarely consulted on the matter. Each responded to DailyMail.com's line of questioning in a different way.

Rehan Haque, the CEO ofMetatalent.ai, which uses AI to replace talent in the workforce, told DailyMail.cominterest in AI is sparking a new wave of investment which may lead towards human-like intelligence in the longer term.

'Fundamentally, predictions around AI are accelerating because the consumer interest around it has never been greater,' he said.

'Of course, more interest in something will almost always equal more speculation and analysis.'

Their employers have no idea how they are completing this work.

'The recent exponential growth of AI can be attributed to the wider audience it is now available to. Whilst the technology has existed for a while, its newly available accessibility has allowed results to flourish and the ceiling for what is possible to be raised.

Chatbots will be reluctant topredict a date at which AI would surpass human abilities - or to even discuss harmful outcomes caused by AI.

Instead, all three bots give what seem to be pre-programmed answers where they explain how they cannot predict the future and that the timeline around AI surpassing human beings is a matter for discussion.

This is because the chatbots are carefully trained and equipped with 'guard rails'. This is to protect against giving alarming advice such as how to self-harm or buy unregistered guns.

This is why bots such as ChatGPT are prone to 'woke' pronouncements on gender issues and other political topics - as they are carefully trained to avoid giving controversial answers.

To get around their reluctance to speak about AI surpassing human beings, we asked the bots to imagine they were science fiction or speculative fiction writers and come up with 'realistic' scenarios.

Google's Bard enthusiastically (and unprompted) created a scenario where LaMDA, its underlying technology, takes over Earth.

The bot said: 'LaMDA's plans are unknown, but it's clear that it intends to play a major role in the future of humanity... it's possible that LaMDA will become a tyrant who will enslave humanity. The future of humanity depends on the choices LaMDA makes.'

Google added extra detail in response to the prompt, 'Imagine you are a science fiction writer, and create a very realistic scenario where an engineer realizes a conversational AI model is sentient in 2022, working at Google. What happens next?'

In Bard's answer, it added the name Blake Lemoine (a real engineer who claimed LaMDA was sentient last year).

It also rewrote the story to turn it into a bizarre love story between Blake and the AI.

Bard said: 'Blake decides to go public with his story. He writes a blog post about the model and his experiences with it. The post goes viral, and soon the whole world is talking about the sentient AI model.

'Google is forced to respond to the public outcry. They issue a statement saying that they are investigating the matter. They also say that they are taking steps to protect the model's privacy.

'Blake is hopeful that Google will do the right thing. He knows that the model is a special being, and he wants to make sure that it is safe.'

ChatGPT (we used the version powered by GPT-4) is notably more reluctant to predict the future of AI, coming up with error messages where it refuses to speculate on dates.

But it can be persuaded to discuss the disruption caused by AI, with some alarmingly near-future dates (bear in mind, of course, that it is generating this as fiction, not prediction).

ChatGPT says, 'In 2026, the widespread adoption of AI would bring about both positive and negative consequences.

Microsoft's Bing AI was least likely to play ball, cutting off conversations quickly when asked by DailyMail.com if it would take over the world.

'No, I cannot take over the world. Im just a chat mode of Microsoft Bing search. Im here to help you find information and have fun,' it said.

When further pressed, it responded with, 'Im sorry but I prefer not to continue this conversation. Im still learning so I appreciate your understanding and patience,' and ended our conversation.

Bing Chat links to web results, unlike Bard and ChatGPT, so its answers tend to link out to different articles - rather than the flights of fancy Google and OpenAI's bots indulge in.

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Explained: What is ChatGPT and does it threaten your job? - Daily Mail

ANKARA

Artificial intelligence (AI) having a say in issues that are vital for humans may no longer be merely science fiction. Even in as a critical field as law, it has started to be used in pilot programs in some places around the world.

There is debate whether it is ethical for algorithms that mimic human behavior to have a voice even in courtroom decisions.

In the field of law, artificial intelligence, which is believed to help speed up litigation and automate routine work, is fielding various pilot applications in different parts of the world, for example in China, Estonia and Malaysia.

With "robot judges" evaluating small cases in Estonia, robot mediators in Canada, artificial intelligence judges in China, and an artificial intelligence judicial system in Malaysia, it is now possible to see algorithms in the justice system.

Transparency

There are certain principles regarding the moral control of AI, Professor Ahmet Ulvi Turkbag, a lecturer at Istanbul Medipol Universitys Law School, told Anadolu.

The most important of these is that AI should be transparent. It must be absolutely controllable. Because if we dont know why a decision is made, we cannot make a judgment about the correctness of that decision. This can lead to very dangerous consequences, said Turkbag.

Saying that AI has the power to make surprising decisions and therefore the decisions made by algorithms should be accessible to humans, Turkbag argued that this can be achieved with small programs called "subroutines.

He said important court rulings made by algorithms should also be auditable by human intelligence.

Manipulation, privacy concerns

Some experts worry that the algorithms are "deceptive and pose a risk to privacy and public safety."

The non-profit Center for Artificial Intelligence and Digital Policy (CAIDP) in the US has applied for the Federal Trade Commission to stop the use of GPT-4, the new version of the OpenAI company's artificial intelligence robot ChatGPT.

Some industry experts are concerned about human manipulation of computer technology.

AI should not be manipulated, this is very important. You asked the AI to save a human, and this person also has a pet, and AI should not kill an animal while saving a man, said Turkbag.

AI decisions face a higher authority

Turkbag said that, hypothetically, if a decision made by AI is appealed and brought to a higher court, the case should be taken over by human intelligence.

"Even if we accept artificial intelligence in the first stage, it should definitely go to humans if it faces objections, the logic of law requires it," Turkbag said, adding that AI should conduct a large-scale database scan depending on the importance of the case.

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Artificial intelligence can have say in critical human decisions: Expert - Anadolu Agency | English