Artificial Intelligence

On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill 24-205, the Colorado Artificial Intelligence (AI) Act, making Colorado the first U.S. state to enact comprehensive legislation regulating the use and development of AI systems. The act is designed to regulate the private-sector use of AI systems, particularly addressing the risk of algorithmic discrimination arising from the use of so-called “high-risk AI systems.” The law will take effect on February 1, 2026, and the Colorado attorney general (AG) has exclusive enforcement authority.Continue Reading Colorado Enacts Groundbreaking Artificial Intelligence Act

This article was originally published on September 18, 2023 in Westlaw Today and is republished here with permission.

Ketan Bhirud, Drew Mann and Trey Smith of Troutman Pepper discuss the Federal Trade Commission’s role in competition enforcement, contextualize the FTC’s analysis of the generative AI industry and provide key takeaways for stakeholders to consider during a period of regulatory uncertainty.Continue Reading Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From the FTC’s Analysis

The rapid advancement of generative artificial intelligence (AI) raises important competition concerns, prompting the Federal Trade Commission (FTC) to analyze potential risks and propose solutions. In its recent June 29 blog post, the FTC highlighted the need for proactive measures to address competition issues in the evolving generative AI industry. This article analyzes the FTC’s blog post, summarizing its key points and offering insights into the potential implications for stakeholders.Continue Reading Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From FTC Analysis

On June 12, a bipartisan group of 23 attorneys general wrote a letter to the chief counsel for the National Telecommunications and Information Administration (NTIA), recommending a risk-based approach to a regulatory framework for using and deploying AI technology. Driven by their “extensive experience enforcing data privacy and consumer protection laws,” the AGs noted that states, such as Colorado, California, Connecticut, Tennessee, and Virginia, already regulated AI through their respective state data protection and privacy laws.Continue Reading Twenty-Three State AGs Urge NTIA to Prioritize AI Regulation

The Federal Communications Commission (FCC) recently amended requirements concerning artificial or prerecorded voice calls, effective July 20.[1] See Proposed 47 C.F.R. § 64.1200. Notably, the FCC amended requirements concerning prerecorded noncommercial and nontelemarketing commercial calls by (1) placing a cap on the number of calls to up to three calls within a consecutive 30-day period, unless the caller has obtained prior express consent, and (2) requiring callers to provide specific opt-out mechanisms.Continue Reading New FCC Requirements for Prerecorded Voice Calls Effective July 20: Is Your Company Prepared to Comply?

Many companies use machine learning algorithms and artificial intelligence (AI) to assist with employment decisions and tenant screening. In our final episode, Stephen Piepgrass and colleagues Ron Raether and Dave Gettings examine the use and impact of AI in background screening, including the potential risks companies may face with increased reliance on AI.Continue Reading AI: Impact and Use in Background Screening (Part Five)

Financial services companies are using AI to assist with many business processes, including underwriting decisions, consumer credit approval, servicing and collections, loss mitigation programs, customer interaction on websites and mobile apps via chatbots, and in detecting fraud. In this fourth episode, Stephen Piepgrass and colleagues Chris Willis and Michael Yaghi examine the use and impact of AI in the financial services industry. They discuss the potential risks financial services companies may face with increased reliance on AI, as well as the increased focus on AI by various regulators and state attorneys general.Continue Reading AI: Impact and Use in the Financial Services Industry (Part Four)

In March 2023, the National Association of Attorneys General (NAAG) hosted its 2023 Attorney General Symposium and Presidential Summit in Philadelphia. Several State AGs and their staff members attended the meetings. Among the topics discussed, the panels involving artificial intelligence (AI) and organized retail crime (ORC) provided particularly relevant and pressing commentary. The Presidential Summit focused on NAAG President and Ohio AG Dave Yost’s presidential initiative, highlighting the need for the continued veteran support even after their tours of duty end.Continue Reading NAAG Symposium and Presidential Summit: Regulating AI and Combatting Organized Retail Crime, While Supporting Veterans

AI continues to capture the headlines. One recent headline noted that ChatGPT passed the medical boards. In this third episode, Stephen Piepgrass and colleagues Michael Yaghi and Barry Boise discuss the potential risks health care companies may face with increased reliance on AI, as well as the increased focus on AI by various regulators and state attorneys general, particularly in the health care space.Continue Reading AI: Impact and Use in the Health Care Industry (Part Three)

Artificial intelligence (AI) has captured the imagination and generated excitement with consumers and businesses, but at the same time, developments in AI have also raised public concerns and spawned regulation that sometimes threatens to outpace the technological innovation we are seeing. In this second in our series on AI, Stephen Piepgrass and colleagues Jim Koenig and Chris Willis discuss the background of AI, including the opportunities and associated risks it presents, as well as the emerging global best practices surrounding the collection, use, and sharing of data and its use in AI.Continue Reading AI: Technology, Opportunities, Risks, and Best Practices (Part Two)