Archives: Artificial Intelligence (AI)

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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

Covington AI/IoT Update: EPA and NHTSA Seek Comment on Autonomous and Connected Vehicles

On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”).  83 Fed. Reg. 42817. The long-anticipated rulemaking has garnered media attention for … Continue Reading

Covington IoT Update: Best Practices for Outsmarting Common Pitfalls in Smart City Projects

City leaders across the globe are predicted to spend upwards of $41 trillion by 2020 to deploy smart city technologies within their locales. From Toronto to Tokyo, cities are vying to harness the benefits of the Internet of Things (“IOT”) in order to help make their streets safer, transportation more efficient, and their environments greener. … Continue Reading

Covington AI/IoT Update: The Future of Accident Compensation in a Driverless World

Self-driving cars are here.  And although these so-called autonomous vehicles (AVs) are expected to reduce the overall number of auto accidents significantly, some accidents are still statistically inevitable.  This raises an important question for AV industry stakeholders: when human beings aren’t in the driver’s seat, what accident-compensation mechanisms should come into play? Earlier this month, … Continue Reading

AI Update: European Commission Appoints Experts For Group on AI

Last month, the European Commission appointed 52 experts to its newly-established High-Level Expert Group on Artificial Intelligence (AI HLG).  Consisting of representatives from academia, civil society, as well as industry, the AI HLG’s is tasked with supporting the implementation of the European strategy on AI. The European Commission announced the formation of the AI HLG … Continue Reading

AI Update: Department of Defense Establishes Joint Artificial Intelligence Center

In a memorandum issued June 27, 2018, Deputy Secretary of Defense Patrick Shanahan ordered the establishment of the Joint Artificial Intelligence Center (“JAIC”) within DoD.  The JAIC will report to DoD Chief Information Officer (“CIO”) Dana Deasey and has the “overarching goal of accelerating the delivery of AI-enabled capabilities, scaling the Department-wide impact of AI, … Continue Reading

AI Update: GAO Testimony Before Congress Regarding Emerging Opportunities, Challenges, and Implications for Policy and Research with Artificial Intelligence

Timothy M. Persons, GAO Chief Scientist Applied Research and Methods, recently provided testimony on artificial intelligence (“AI”) before the House of Representatives’ Subcommittees on Research and Technology and Energy, Committee on Science, Space, and Technology.  Specifically, his testimony summarized a prior GAO technological assessment on AI from March 2018.  Persons’ statement addressed three areas:  (1) AI has evolved over … Continue Reading

Covington CleanEquity Conversations: AI and IoT – Benefits, Risks, and the Role of Regulation.

On March 8-9, 2018, a bespoke group of approximately 200 leading entrepreneurs, investors and advisors focused on deploying and commercializing cutting edge technologies gathered in Monte Carlo from across the globe for the 11th annual CleanEquity® Monaco Conference.  Complementing other plenary sessions and emerging company presentations, the conference initiated a new feature — Covington CleanEquity … Continue Reading

IoT Update: China Releases National Automatic Vehicle Road Testing Rules

In April 2018, China released its nationwide automatic vehicle road testing rules, the Intelligent Internet-connected Vehicles Road Test Administrative Rules (for Trial Implementation) (the “National Rules”), which took effect on May 1, 2018. “Intelligent Internet-connected vehicles,” as defined under the National Rules, are commonly referred to as “intelligent vehicles” or “autonomous vehicles,” which involve a … Continue Reading
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