On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” (Fact Sheet, here) designed to spur new AI safety and security standards, encourage the development of privacy-preserving technologies in conjunction with AI training, address certain instances of algorithmic discrimination, advance the responsible use of AI in healthcare, study the impacts of AI on the labor market, support AI research and a competitive environment in the industry, and issue guidance on the use of AI by federal agencies. This latest move builds on the White House’s previously-released “Blueprint for an AI Bill of Rights” and its announcement this past summer that it had secured voluntary commitments from major AI companies focusing on what the White House termed as “three principles that must be fundamental to the future of AI – safety, security, and trust.”
Artificial Intelligence
Busy Week in AI: Major Companies Come Together on AI Safeguards, ChatGPT Releases Custom Instructions, Microsoft Releases Azure OpenAI Transparency Note
By Jeffrey Neuburger on
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and security and ChatGPT rolled out a custom preferences tool to streamline usage. In addition, as a related point, Microsoft issued a transparency note for the Azure OpenAI service. And on top of that, this week saw announcements of a number of generative AI commercial ventures which are beyond the scope of this particular post.
The FCA’s Regulatory Approach to Big Tech and Artificial Intelligence
On July 12, 2023, Nikhil Rathi, the CEO of the UK’s Financial Conduct Authority (“FCA”) delivered a speech on the FCA’s regulatory approach to Big Tech and Artificial Intelligence (“AI”). Below are some of the key points discussed at the event:
As Generative AI Training Lawsuits Mount, Some Providers Offer New Assurances
By Peter Cramer on
In April, we wrote about how OpenAI had eased the procedure by which ChatGPT users can opt out of their inputs being used for model training purposes (click here for that post). While neither web scraping nor the collection of user data to improve services are new concepts, AI did…
Generative AI Providers Subject to Reduced CDA Immunity Under Proposed Legislation
By Jeffrey Neuburger & Jonathan Mollod on
One of the many legal questions swirling around in the world of generative AI (“GenAI”) is to what extent Section 230 of the Communications Decency Act (CDA) applies to the provision of GenAI. Can CDA immunity apply to GenAI-generated output and protect GenAI providers from potential third party liability?
On June 14, 2023, Senators Richard Blumenthal and Josh Hawley introduced the “No Section 230 Immunity for AI Act,” bipartisan legislation that would expressly remove most immunity under the CDA for a provider of an interactive computer service if the conduct underlying the claim or charge “involves the use or provision of generative artificial intelligence by the interactive computer service.” While the bill would eliminate “publisher” immunity under §230(c)(1) for claims involving the use or provision of generative artificial intelligence by an interactive computer service, immunity for so-called “Good Samaritan” blocking under § 230(c)(2)(A), which protects service providers and users from liability for claims arising out of good faith actions to screen or restrict access to “objectionable” material from their services, would not be affected.
OpenAI Eases Procedure to Opt-Out of Inputs Being Used for Training Purposes
By Jeffrey Neuburger on
A quick update on a new development with OpenAI’s ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for the training of the GPT model, and therefore potentially expose confidential information to third parties. In our prior post on ChatGPT risks…
ChatGPT Risks and the Need for Corporate Policies
By Jeffrey Neuburger on
ChatGPT has quickly become the talk of business, media and the Internet – reportedly, there were over 100 million monthly active users of the application just in January alone.
While there are many stories of the creative, humorous, apologetic, and in some cases unsettling interactions with ChatGPT,[1] the potential business applications for ChatGPT and other emerging generative artificial intelligence applications (generally referred to in this post as “GAI”) are plentiful. Many businesses see GAI as a potential game-changer. But, like other new foundational technology developments, new issues and possible areas of risk are presented.
ChatGPT is being used by employees and consultants in business today. Thus, businesses are well advised to evaluate the issues and risks to determine what policies or technical guardrails, if any, should be imposed on GAI’s use in the workplace.