Reed Smith In-depth

Artificial intelligence (AI) may be a transformative technology but that does not mean we are operating in the wild west. The use of AI is regulated in the United States, in contrast to what many news articles would lead readers to believe. Laws and regulations that currently govern business activity apply regardless of whether and what technology is used to perform those activities. As we have seen throughout history, evaluating whether to regulate new technology uses or to regulate the new technologies themselves (or a mixture of both) is difficult.  Lawmakers around the world are wrestling among the many trade-offs in regulating activities related to a technology that has so much potential for good, and bad.

This alert explains why AI is different from other computer processing in a way that focuses on why lawmakers and others are so concerned about its use. Next, it will provide a brief overview of existing regulatory proposals and other thinking that will likely underpin future regulation of AI and certain uses of it. Last, the alert provides a checklist of potential risk mitigation considerations for organizations to incorporate into their AI governance program to help meet current legal obligations and prepare for future regulation.