Archives: Artificial Intelligence (AI)

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IoT Update: Flurry of Federal 5G Activity Indicates Important Growth Opportunities for the IoT Ecosystem

From the Federal Communications Commission (“FCC”) to Congress to the White House, the federal government has continued to push the importance of investment and innovation in fifth-generation (“5G”) wireless technology. This push bodes well for the many industries that rely on the Internet of Things (“IoT”), such as transportation, healthcare, and manufacturing—to name a few. … Continue Reading

AI Update: EU High-Level Working Group Publishes Ethics Guidelines for Trustworthy AI

On April 8, 2019, the EU High-Level Expert Group on Artificial Intelligence (the “AI HLEG”) published its “Ethics Guidelines for Trustworthy AI” (the “guidance”).  This follows a stakeholder consultation on its draft guidelines published in December 2018 (the “draft guidance”) (see our previous blog post for more information on the draft guidance).  The guidance retains … Continue Reading

ICO opens beta phase of privacy “regulatory sandbox”

On 29 March 2019, the ICO opened the beta phase of the “regulatory sandbox” scheme (the “Sandbox”), which is a new service designed to support organizations that are developing innovative and beneficial projects that use personal data.  The application process for participating in the Sandbox is now open, and applications must be submitted to the … Continue Reading

AI Update: What Happens When a Computer Denies Your Insurance Coverage Claim?

Artificial intelligence is your new insurance claims agent. For years, insurance companies have used “InsurTech” AI to underwrite risk. But until recently, the use of AI in claims handling was only theoretical. No longer. The advent of AI claims handling creates new risks for policyholders, but it also creates new opportunities for resourceful policyholders to uncover bad … Continue Reading

AI Update: U.S. House Resolution on AI Ethical Development Introduced

On February 27th, Reps. Brenda Lawrence (D-Mich.) and Ro Khanna (D-Calif.) introduced a resolution emphasizing the need to ethically develop artificial intelligence (“AI”). H. RES. 153, titled “Supporting the development of guidelines for ethical development of artificial intelligence,” calls on the government to work with stakeholders to ensure that AI is developed in a “safe, … Continue Reading

Defense Department Releases Artificial Intelligence Strategy

(This article was originally published in Global Policy Watch.) On February 12, 2019 the Department of Defense released a summary and supplementary fact sheet of its artificial intelligence strategy (“AI Strategy”). The AI Strategy has been a couple of years in the making as the Trump administration has scrutinized the relative investments and advancements in … Continue Reading

AI Update: President Trump Signs Executive Order on Artificial Intelligence

Today, President Trump signed an Executive Order (“EO”), “Maintaining American Leadership in Artificial Intelligence,” that launches a coordinated federal government strategy for Artificial Intelligence (the “AI Initiative”).  Among other things, the AI Initiative aims to solidify American leadership in AI by empowering federal agencies to drive breakthroughs in AI research and development (“R&D”) (including by … Continue Reading

AI Update: Jumping to Exclusions: New Law Provides Government-Wide Exclusion Authorities to Address Supply Chain Risks

On the eve of the recent government shutdown over border security, Congress and the President were in agreement on a different issue of national security: mitigating supply chain risk. On December 21, 2018, the President signed into law the Strengthening and Enhancing Cyber-capabilities by Utilizing Risk Exposure Technology Act (the “SECURE Technology Act”) (P.L. 115-390). … Continue Reading

EU Working Group Publishes Draft Guidance on AI Ethics

On 18 December 2018, the EU High-Level Expert Group on Artificial Intelligence (the “AI HLEG”) published new draft guidance on “AI Ethics” (the “guidance”).  The AI HLEG is a European Commission-backed working group made up of representatives from industry, academia and NGOs, and was formed as part of the Commission’s ongoing work to develop EU … Continue Reading

IoT Update: The UK Government’s Response to Centre for Data Ethics and Innovation Consultation

On 20 November 2018, the UK government published its response (the “Response”) to the June 2018 consultation (the “Consultation”) regarding the proposed new Centre for Data Ethics and Innovation (“DEI”). First announced in the UK Chancellor’s Autumn 2017 Budget, the DEI will identify measures needed to strengthen the way data and AI are used and … Continue Reading

AI Update: FCC Hosts Inaugural Forum on Artificial Intelligence

On November 30, 2018, the Federal Communications Commission (“FCC”) hosted a forum to discuss artificial intelligence (“AI”) and machine learning. Chairman Ajit Pai moderated the forum’s two main panels “What Is AI and Where Is It Taking Us?” and “Applications of AI and Machine Learning in the Here and Now,” which invited academics, industry professionals, … Continue Reading

AI Update: Considerations for Patenting Artificial Intelligence in Europe and the United States

On November 1, the European Patent Office’s (EPO) updated Guidelines for Examination went into effect. Of note, the Guidelines include a new subsection on “artificial intelligence and machine learning.” This is the latest milestone in a recent world-wide wave of interest in patenting in the field of artificial intelligence. However, the legal framework for patenting … Continue Reading

IoT Update: Who’s at the Wheel? Connected and Automated Vehicles Stakeholders Weigh In from the Mcity Congress

Last week, Covington dispatched a team of connected and automated vehicles (“CAV”) practitioners to participate in the Mcity Congress, in Ann Arbor, Michigan.  Lawyers from our Technology and IP Transactions, Public Policy, Product Safety and Liability, and Insurance practice groups presented a series of observations and insights around mitigating liability in the CAV industry, and … Continue Reading

The CMA’s Paper on Pricing Algorithms, Collusion and Personalised Pricing

On 8 October 2018, the UK Competition and Markets Authority (“CMA”) published a Working Paper on the ‘use of pricing algorithms to facilitate collusion and personalized pricing’ (the “Paper”). It follows a number of other initiatives from competition authorities regarding algorithms, including the recent German Monopolies Commission’s proposals regarding pricing algorithms, which was the subject … Continue Reading

AI Updates: New Congressional Subcommittee White Paper & National Science Foundation Request for Information

Recently, key stakeholders from both the Legislative and Executive branches took steps to advance the debate over how the U.S. government should encourage the benefits and mitigate the risks of Artificial Intelligence (“AI”).  In Congress, the Chairman and Ranking Member of the House Subcommittee on Information Technology released a bipartisan white paper that made various … Continue Reading

IoT Update: DOT Publishes Policy Statement on Automated Vehicles

On October 4, the U.S. Department of Transportation published Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”), a policy vision statement that embraces automation as a critical tool to improve motor vehicle safety. AV 3.0 identifies several avenues to remove regulatory barriers to automated driving systems (“ADS”), including potential changes to rules … Continue Reading

AI Update: Europe Officially Joins the Race for the Next Generation of Supercomputers

On 28 September 2018 the EU reinforced its commitment to the development and deployment of high-performance computing by adopting a Regulation establishing the European High Performance Computing Joint Undertaking (“EuroHPC Joint Undertaking”). This entity is set to coordinate and pool resources to create a pan-European state-of-the-art supercomputing infrastructure. Aims of the EuroHPC Joint Undertaking The … Continue Reading

AI Update: Senators Introduce AI in Government Bill

On September 26, a bipartisan group of senators introduced the Artificial Intelligence in Government Act, legislation that would direct certain executive agencies to specifically research and consider AI applications and strategy, as well as create an advisory board to address AI policy and issues. The bill’s sponsors cited both the promises and risks of AI … Continue Reading

IoT and AI Update: California Legislature Passes Bills on Internet of Things, Artificial Intelligence, and Chatbots

The California legislature recently passed three bills meant to address rapidly-developing technologies including the Internet of Things, artificial intelligence (AI), and chatbots. Internet of Things. At the end of August, California became the first state to promulgate regulations requiring security features for Internet-connected devices. Senate Bill 327 requires that a manufacturer of a connected device … Continue Reading

AI Update: A Discussion on Global Innovation and Singapore

On September 25, 2018, Lee Tiedrich, the co-chair of Covington’s global Artificial Intelligence (“AI”) Initiative,  participated in a roundtable discussion on the future of innovation, the challenges of the Fourth Industrial Revolution, and the need for multidisciplinary approaches involving the entire eco-system to address the adoption of new technologies in society. She was joined by … Continue Reading

AI Update: NDAA Renewal Addresses Uses and Implications of AI in National Security Context

Last month, President Trump signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“NDAA” or the “Act”), which, among other things, includes provisions addressing the development and use of artificial intelligence (“AI”) in the context of national security and defense.… Continue Reading

AI Update: Medical Software and Preemption

In light of the rapidly expanding field of medical software technology, and its recognition that traditional approval mechanisms for hardware-based medical devices may not be well suited to regulating such technology, FDA is piloting a new, streamlined regulatory approach for digital health technologies. The initiative, currently a “working model” and known as the Software Precertification … Continue Reading

AI Update: Equal Justice Under Bots—Artificial Intelligence and Legal Practice

Artificial Intelligence (“AI”) is quickly becoming a part of everyday life.  As AI-based technologies advance, even law firms are harnessing them to improve the efficiency and caliber of their work – despite law firms’ reputations for being old-fashioned, traditional, and perhaps a tinge out-of-date.  The reasons are obvious: AI-based tools can help reduce lawyer time … Continue Reading

Covington AI/IoT Update: Product Liability Risks for AI-Facilitated Shopping

Algorithms define online shopping, allowing for individualized product recommendations driven by customer data. To date, this technology has spurred little litigation. Few if any courts have explicitly ruled on responsibilities related to AI-driven product recommendation software. Still, developers should be aware of potential legal risks from this novel technology. For example: What happens if AI … Continue Reading
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