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The newly enacted National Defense Authorization Act (“NDAA”) contains important provisions regarding the development and deployment of artificial intelligence (“AI”) and machine learning technologies, many of which build upon previous legislation introduced in the 116th Congress. The most substantial federal U.S. legislation on AI to date, these provisions will have significant implications in the national security sector and beyond. The measures in the NDAA will coordinate a national strategy on research, development, and deployment of AI, guiding investment and aligning priorities for its use.

President Trump had vetoed the NDAA after its initial passage in December, but the $740 billion NDAA became law over the objection of President Trump’s veto with a rare New Year’s Day Senate vote, 81-13. The House voted to override President Trump’s veto on December 28, on a 322-87 vote.

This post highlights some of the key AI provisions included in the NDAA.
Continue Reading AI Update: Provisions in the National Defense Authorization Act Signal the Importance of AI to American Competitiveness

President Donald Trump signed an executive order (EO) on December 3, providing guidance for federal agency adoption of artificial intelligence (AI) for government decision-making in a manner that protects privacy and civil rights.

Emphasizing that ongoing adoption and acceptance of AI will depend significantly on public trust, the EO charges the Office of Management and Budget with charting a roadmap for policy guidance by May 2021 for how agencies should use AI technologies in all areas excluding national security and defense.  The policy guidance should build upon and expand existent applicable policies addressing information technology design, development, and acquisition.…

Continue Reading AI Update: New Executive Order on Promoting the Use of Artificial Intelligence in Federal Agencies Pushes Developing Public Trust for Future Expansion

In February 2020, the Trump Administration released the American Artificial Intelligence Initiative’s One Year Annual Report, detailing the Administration’s progress since launching its “American Artificial Intelligence Initiative” by signing Executive Order 13859 on February 11, 2019.  The Administration’s Report highlights areas where it identifies progress in advancing the United States’ competitive position in fostering advancement in AI technology, including limiting new regulations, increasing funding and tracking of federal AI research and development, increasing access to federal data and computing resources, and promoting international collaboration.
Continue Reading AI Update: Trump Administration Releases American Artificial Intelligence Initiative’s One Year Annual Report

On May 28, the White House Office of Science and Technology Policy (OSTP) hosted a meeting of the G7 Science & Technology (S&T) Ministers to collaborate on COVID-19 response and recovery.  The G7 S&T Ministers emerged from the meeting with a declaration, in which they expressed their intent to:

  • Enhance cooperation on shared COVID-19

…

Artificial Intelligence (AI) has played an important role in battling COVID-19 since the initial outbreak: HealthMap – an AI tool from Boston Children’s Hospital that scans news reports, social media, and other data for signs of disease outbreaks – first sounded the international alarm after picking up reports of an emerging virus in Wuhan, China.…

Trustworthy AI has garnered attention from policymakers and other stakeholders around the globe.  How can organizations operationalize trustworthy #AI for Covid-19 and other AI applications, as the legal landscape continues to evolve? Lee Tiedrich and Lala R. Qadir share ten steps in this article with Law360.  For more information about AI, please see our “…

The wheels continue to turn with the National Highway Traffic Safety Administration’s (“NHTSA”) efforts to modernize vehicle safety standards, including for connected and automated vehicles (“CAVs”). Most recently, NHTSA issued a Notice of Proposed Rulemaking (“NPRM”), seeking public comment on its endeavors “to improve safety and update rules that no longer make sense” for certain CAVs, “such as requiring manual driving controls on autonomous vehicles.” According to NHTSA, the NPRM is a “[h]istoric first step for the agency to remove unnecessary barriers to motor vehicles equipped with automated driving systems” (“ADS”).

Comments on the NPRM are due by May 29, 2020.
Continue Reading IoT Update: NHTSA Continues to Ramp Up Exploration of Automated Driving Technologies

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator.  The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
Continue Reading IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

On January 7, 2020, pursuant to President Donald Trump’s Executive Order on Maintaining American Leadership in Artificial Intelligence, the White House’s Office of Science and Technology Policy (OSTP) released a draft Guidance for Regulation of Artificial Intelligence Applications, including ten principles for agencies to consider when deciding whether and how to regulate AI. The White House announced a 60 day public comment period following the release of the Guidance, after which the White House will issue a final memorandum and instruct agencies to submit implementation plans. Comments should be submitted to the White House via Regulations.gov Docket ID OMB_FRDOC_0001-0261.
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Continue Reading AI Update: White House Issues 10 Principles for Artificial Intelligence Regulation

On November 15, the Supreme Court granted certiorari in Google LLC v. Oracle America, Inc., No. 18-956. The two questions presented before the Court are (1) whether “copyright protection extends to a software interface,” and (2) whether, as the jury found, that Google’s “use of a software interface in the context of a creating a new computer program constitutes fair use.”…
Continue Reading Certiorari Granted in Google LLC v. Oracle America, Inc.