Considerations for AI Product Acquisition

It’s a bit like buying a car (sort of).
A recent article in the Columbia Law Review entitled AI Systems as State Actors contained this stunning and important quote from authors Kate Crawford and Jason Schultz:

..When challenged, many state governments have disclaimed any knowledge or ability to understand, explain or remedy problems created by AI systems that they have procured from third parties. The general position has been ‘we cannot be responsible for something we don’t understand.’ This means that algorithmic systems are contributing to the process of government decision-making without any mechanisms of accountability or liability.

My first reaction to this quote was horror, but once I got a grip, my initial concerns were only slightly mollified. While the article was published in 2019, it nonetheless raises a valid and timely point: Where does liability fall when reliance on an AI-powered system causes harm? The short answer is “everywhere,” but that’s not really a useful answer.

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9-1-1 Issues as Policy and Technology Evolve

Find out what the panelists on “Next Generation 911: Are We There Yet?” are prioritizing in this year’s Enterprise Connect panel.
One of the great privileges of my participation at Enterprise Connect is the always popular and interesting 9-1-1 panel chaired by Irwin Lazar (“Next Generation 911: Are We There Yet?" scheduled for Wednesday, March 27 at 2 PM). The content is current and insightful, and the conversation is always sat a minimum, lively. With fellow participants Mark Fletcher of 911Inform, Brooks Shannon of ESRI (formerly of NENA), Robin Erkkila of Bandwidth, and newcomer Jose Alvarado of Intrado, I feel like we’re getting the band back together--albeit with a new drummer. I’ve asked each panelist to highlight topics of particular interest to share here, in anticipation of the fact that next year we may get more presentation time in an even bigger room!

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How to Draft a Useful Data Security Policy

Data security plans are hardly a one size fits all proposition – but they do follow these three broad guidelines and cover a list of considerations. A consultant colleague recently reached out with some questions on how to craft a good organizational information security policy. I’ve got experience with this, as a graduate-level legal instructor, a lawyer, and someone who frequently talks to communications technology practitioners. I can offer guidance on how to plan for, implement and manage organizational information security policies. But note that I am not offering a guarantee. That’s not an accident. I am, after all, a lawyer.

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2024 Promises Developments in AI, Net Neutrality, Data Security and the Universal Service Fund

echnology always advances more quickly than the rules and processes designed to regulate it -- and with newer technologies making massive leaps, 2024 promises to keep all of us busy.The potential and realized legal issues associated with AI development and deployment cut across almost every sector of the enterprise. Issues that have been around since the beginning continue to exist, most notably bias (both intentional and un-), ethical use of AI, and the enterprise reliance on AI’s capabilities to (potentially) offload data-driven analysis (including very, very sophisticated number crunching) from humans towards machines. However, two factors remain constant: First, AI-driven products and services have no inherent common sense; and second, iData in AI systems is, by definition, strictly historical and based solely on what transpired in the past. While data can be updated frequently, but the resultant AI-deiven output is still based on past results. As such, while processes that seem at first to be ripe for AI implementation, aren’t necessarily a perfect—let alone accurate—fit.

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The EU Takes the Lead in AI Regulation – But the New Rules Will Have Global Implications

The European Union Artificial Intelligence Act is intended to create a balance between regulation and innovation – and its implementation will be felt by partners all over the world.
Early in December, policymakers in the European Union made some important and decisive steps forward in taking the lead in global AI regulation. This action, though not yet ready for codification, will have a significant impact on the development and evolution of AI regulation worldwide. Interestingly, according to a recent article in the MIT Technology Review, one of the key drivers in the adoption and deployment of GDPR was the perceived control and/or ownership of data belonging to citizens of the EU by American and Chinese tech entities.

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