Artificial Intelligence and Automated Systems Legal Update (3Q22)

This quarter marked demonstrable progress toward sector-specific approaches to the regulation of artificial intelligence and machine learning ("AI"). As the EU continues to inch toward finalizing its draft Artificial Intelligence Act--the landmark, cross-sector regulatory framework for AI/ML technologies--the White House published a "Blueprint for an AI Bill of Rights," a non-binding set of principles memorializing the Biden administration's approach to algorithmic regulation. The AI Bill of Rights joins a number of recent U.S. legislative proposals, both at the federal and state levels,[1] and the Federal Trade Commission's ("FTC") Advanced Notice of Proposed Rulemaking to solicit input on questions related to potentially harmful data privacy and security practices, including automated decision-making systems. Our 3Q22 Artificial Intelligence and Automated Systems Legal Update focuses on these regulatory efforts and also examines other policy developments within the U.S. and Europe. The past several years have seen a number of new algorithmic governance initiatives take shape at the federal level, building on the December 2020 Trustworthy AI Executive Order that outlined nine distinct principles to ensure agencies "design, develop, acquire and use AI in a manner that fosters public trust and confidence while protecting privacy."[2]