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Artificial Intelligence (AI)

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

On 25 November 2020, the European Commission published a proposal for a Regulation on European Data Governance (“Data Governance Act”).  The proposed Act aims to facilitate data sharing across the EU and between sectors, and is one of the deliverables included in the European Strategy for Data, adopted in February 2020.  (See our previous blog here for a summary of the Commission’s European Strategy for Data.)  The press release accompanying the proposed Act states that more specific proposals on European data spaces are expected to follow in 2021, and will be complemented by a Data Act to foster business-to-business and business-to-government data sharing.

The proposed Data Governance Act sets out rules relating to the following:

  • Conditions for reuse of public sector data that is subject to existing protections, such as commercial confidentiality, intellectual property, or data protection;
  • Obligations on “providers of data sharing services,” defined as entities that provide various types of data intermediary services;
  • Introduction of the concept of “data altruism” and the possibility for organisations to register as a “Data Altruism Organisation recognised in the Union”; and
  • Establishment of a “European Data Innovation Board,” a new formal expert group chaired by the Commission.


Continue Reading AI Update: The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act)

The National Institute of Standards and Technology (“NIST”) has published the first draft of the Four Principles of Explainable Artificial Intelligence (NISTIR 8312), a white paper that seeks to define the principles that capture the fundamental properties of explainable AI systems.  AI Initiative Co-Chair Lee Tiedrich, Sam Choi, and James Yoon discuss

On October 6, 2020, the U.S. Patent and Trademark Office (USPTO) published a report titled Public Views on Artificial Intelligence and Intellectual Property Policy. The report summarizes the nearly 200 comments received in response to patent-related questions regarding AI set forth in a request for comments (RFC) issued by the USPTO in August 2019 and non-patent IP questions set forth in an October 2019 RFC.

This post focuses on Part I of the report, which summarizes the comments received in response to the first RFC. Part II of the report pertains to the second RFC.


Continue Reading Covington Artificial Intelligence Update: USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).


Continue Reading AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

On five consecutive Wednesdays beginning on September 2nd, the ABA will hold its 5th Annual IoT Institute, together with a session called Data, Data Everywhere, and Not a Chance to Think, addressing the intersection of the Internet of Things (IoT) and Artificial Intelligence (AI). Covington was scheduled to host the IoT

The National Institute of Standards and Technology (“NIST”) is seeking comments on the first draft of the Four Principles of Explainable Artificial Intelligence (NISTIR 8312), a white paper that seeks to define the principles that capture the fundamental properties of explainable AI systems.  NIST will be accepting comments until October 15, 2020.

In February 2019, the Executive Order on Maintaining American Leadership in Artificial Intelligence directed NIST to develop a plan that would, among other objectives, “ensure that technical standards minimize vulnerability to attacks from malicious actors and reflect Federal priorities for innovation, public trust, and public confidence in systems that use AI technologies; and develop international standards to promote and protect those priorities.”  In response, NIST issued a plan in August 2019 for prioritizing federal agency engagement in the development of AI standards, identifying seven properties that characterize trustworthy AI—accuracy, explainability, resiliency, safety, reliability, objectivity, and security.

NIST’s white paper focuses on explainability and identifies four principles underlying explainable AI.


Continue Reading AI Standards Update: NIST Solicits Comments on the Four Principles of Explainable Artificial Intelligence and Certain Other Developments

On July 30, 2020, the UK Information Commissioner’s Office (“ICO”) published its final guidance on Artificial Intelligence (the “Guidance”).  The Guidance sets out a framework for auditing AI systems for compliance with data protection obligations under the GDPR and the UK Data Protection Act 2018.  The Guidance builds on the ICO’s earlier commitment to enable good data protection practice in AI, and on previous guidance and blogs issued on specific issues relating to AI (for example, on explaining decisions on AI, trade-offs, and bias and discrimination, all covered in Covington blogs).

Continue Reading UK ICO publishes guidance on Artificial Intelligence

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