April 23, 2021

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Regulatory and policy developments during the first quarter of 2021 reflect a global tipping point toward serious regulation of artificial intelligence (“AI”) in the U.S. and European Union (“EU”), with far-reaching consequences for technology companies and government agencies.[1]   In late April 2021, the EU released its long-anticipated draft regulation for the use of AI, banning some “unacceptable” uses altogether and mandating strict guardrails such as documentary “proof” of safety and human oversight to ensure AI technology is “trustworthy.”

While these efforts to aggressively police the use of AI will surprise no one who has followed policy developments over the past several years, the EU is no longer alone in pushing for tougher oversight at this juncture.  As the United States’ national AI policy continues to take shape, it has thus far focused on ensuring international competitiveness and bolstering national security capabilities.  However, as the states move ahead with regulations seeking accountability for unfair or biased algorithms, it also appears that federal regulators—spearheaded by the Federal Trade Commission (“FTC”)—are positioning themselves as enforcers in the field of algorithmic fairness and bias.

Our 1Q21 Artificial Intelligence and Automated Systems Legal Update focuses on these critical regulatory efforts, and also examines other key developments within the U.S. and Europe that may be of interest to domestic and international companies alike.  As a result of several significant developments in April, and to avoid the need for multiple alerts, this 1Q21 update also include a number of matters from April, the beginning of 2Q21.

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A.         U.S. National AI Strategy
B.         National Security & Trade
C.         Algorithmic Accountability & Consumer Safety
D.         FDA’s Action Plan for AI Medical Devices
E.         Intellectual Property Updates
F.         U.S. Regulators Seek Input on Use of AI in Financial Services

A.         EC Publishes Draft Legislation for…