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FTC Cracks Down on Facial Recognition Software That Doesn’t Announce Itself

On February 24, 2021, the comment period ended for a consent agreement between the Federal Trade Commission and Everalbum, Inc. (and its successor, Paravision), concerning Everalbum’s use of facial recognition technology. As Mary Hildebrand and I discussed in a recent podcast, this decision offers significant guidance – and warnings – to other organizations that incorporate … Continue reading FTC Cracks Down on Facial Recognition Software That Doesn’t Announce Itself

Face-Off or Face-On: How Organizations Should Approach Facial Recognition Software

In the most recent edition of the McLane Middleton Minutes podcast, I interviewed Mary Hildebrand, chair of Lowenstein Sandler’s privacy and cybersecurity practice group, about best practices for companies considering facial recognition software. In particular, we focused on the lessons from the Illinois Biometric Information Privacy Act and the Federal Trade Commission’s recent Everalbum settlement … Continue reading Face-Off or Face-On: How Organizations Should Approach Facial Recognition Software

“Ban the Scan” Campaign Underscores Need to Conduct Thorough Review of Facial Recognition Software

One area of artificial intelligence development that has been at the center of AI ethical and efficacy debates for years is facial recognition systems. Studies by the National Institute of Standards and Technology report significant improvements in the performance of facial recognition software between 2010 and 2018. The studies examined how successfully algorithms were able … Continue reading “Ban the Scan” Campaign Underscores Need to Conduct Thorough Review of Facial Recognition Software

Executive Order on Promoting the Use of Trustworthy AI in the Federal Government

On December 3, 2020, the White House released a new executive order (the “Order”) addressing the federal government’s use of artificial intelligence (“AI”). The Order outlines nine principles federal agencies must adhere to when designing, developing or acquiring AI applications: Lawful and “respectful of our Nation’s values”; Purposeful and performance-drive; Accurate, reliable, and effective; Safe, … Continue reading Executive Order on Promoting the Use of Trustworthy AI in the Federal Government

Artificial Intelligence Regulation Under the California Privacy Rights Act

On November 3, 2020, while the rest of the country voted for president, California residents voted to adopt the most sweeping privacy law in the nation, the California Privacy Rights Act (“CPRA”). The new law is principally concerned with privacy rights and protections, expanding those created by the California Consumer Privacy Act (“CCPA”), the 2018 … Continue reading Artificial Intelligence Regulation Under the California Privacy Rights Act

Assessment of Artificial Intelligence Systems

United States Representative Yvette Clark (D-NY) was a featured opening speaker at the recent Athens Roundtable on Artificial Intelligence and the Rule of Law, which makes sense, as she is one of the sponsors of the Algorithmic Accountability Act of 2019. The act, one of several in American legislatures, would require covered entities to conduct … Continue reading Assessment of Artificial Intelligence Systems

Speaking at Artificial Intelligence and Robotics National Institute

I am excited to share that I have been selected as a panelist at the American Bar Association’s upcoming Artificial Intelligence and Robotics National Institute event in October. I will serve on a panel for the “How Do You Solve a Problem Like Sophia? The Future of Legal Personhood for Artificial Generally Intelligent or Superintelligent AI … Continue reading Speaking at Artificial Intelligence and Robotics National Institute

Everything Is Not Terminator: Defining AI in Contracts

My latest article in the “Everything Is Not Terminator” series for The Journal of Robotics, Artificial Intelligence & Law has been published. It is an open secret in the artificial intelligence (“AI”) field that there is no widely accepted definition of “artificial intelligence.” For example, Stuart Russell and Peter Norvig present eight different definitions of AI organized … Continue reading Everything Is Not Terminator: Defining AI in Contracts


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