The use of big data and algorithms to automate decision-making is becoming increasingly more commonplace across industries in the U.S., from public administration to health and employment, with varying degrees of human oversight or intervention. As with all emerging technologies, regulation of the use of artificial intelligence (AI) has lagged behind its proliferation but the federal and state governments are now starting to catch up with proposed rules and statutes. This program will examine the various federal and state initiatives that seek to regulate the AI and machine learning (ML) systems that are growing in relevance to our daily lives.
Key topics to be discussed:
Recent federal government AI initiatives
AI Questions in FTC’s ANPRM on Commercial Surveillance and Data Security & White House’s Blueprint for an AI Bill of Rights
NIST’s AI Risk Management Framework
State AI-related Privacy Laws/Rules
Date: March 14, 2023
Ronald W. Del Sesto, Jr. | Morgan, Lewis & Bockius LLP
Ron Del Sesto represents technology companies on a broad range of issues including corporate, financial, regulatory, and cybersecurity. Ron also advises financial institutions, private equity firms and venture capital funds with respect to investments in the telecommunications, media, and technology (TMT) sectors.
Ron counsels clients on privacy issues that implicate a myriad of federal statutes and rules, including the FCC’s Customer Proprietary Network Information (CPNI) rules; retention marketing and “winback” rules; the Telephone Consumer Protection Act (TCPA); the FTC’s Identity Theft or Red Flag Rules; the Telemarketing Sales Rules; and the CAN SPAM Act. He advises clients with respect to the use of location-based data by mobile applications, assists clients in implementing “best practices” when handling personally identifiable information, and is familiar with the self-regulatory industry practices established by various trade associations as well as FTC rulings and other reports and analyses released by the FCC, the FTC, and state attorneys general that provide guidance to the industry. He also advises clients regarding state privacy laws, including data breach notification obligations, the Massachusetts Data Security Law, and similar state data security laws. His practice includes advising clients with respect to lawful surveillance obligations under federal and state law, including the Electronic Communications Privacy Act (ECPA), the Stored Communications Act, Computer Fraud and Abuse Act, the USA PATRIOT Act, and the Communications Assistance for Law Enforcement Act (CALEA).
Trina Kwon | Morgan, Lewis & Bockius LLP
Trina Kwon represents clients in the technology and communications industry. She advises clients before the Federal Communications Commission and State Public Utility Commissions on matters such as domestic and international licensing, regulatory compliance with regard to corporate transactions, and rulemaking proceedings. Trina’s clients include domestic and international telecommunications carriers, technology companies, and media companies.
I. Recent federal government AI initiatives | 11:00am – 11:15am
Executive Orders 13859 and 13960
The National AI Initiative Act of 2020
OMB and NIST AI publications
II. AI Questions in FTC’s ANPRM on Commercial Surveillance and Data Security & White House’s Blueprint for an AI Bill of Rights | 11:15am – 11:30am
III. NIST’s AI Risk Management Framework | 11:30am – 11:45am
IV. State AI-related Privacy Laws/Rules | 11:45am – 12:00pm