Current Laws that apply to AI Systems Flashcards
AI adoption generally falls within one of two broad categories. What are they?
1) To perform an existing function in a new way.
2)To accomplish a new process that has not been done or was not possible before AI.
Which US laws are applicable to AI?
Related to employment:
- Title VII
- EEOC regulations
Related to consumer finance:
- Equal Credit Opportunity Act
- The Fair Credit Reporting Act
- SR 11-7 (a regulatory standard set out by the U.S. Federal Reserve Bank that provides guidance on model risk management)
The Occupational Safety and Health Administration’s guidelines for robotics safety and “hazard analysis.”
The Food and Drug Administration’s systemic approval processes for software as a medical device.
The Federal Trade Commission (FTC) has broad authority over general commercial operation to prevent the proliferation of “unfair or deceptive” practices. This applies to privacy and security concerns related to programs and algorithms.
Name the US federal agencies involved in enforcement of civil rights, non-discrimination, fair competition, and consumer protection laws.
- Consumer Financial Protection Bureau
- Department of Justice’s Civil Rights Division
- Equal Employment Opportunity Commission
- Federal Trade Commission
How does the EU Digital Services Act relate to online platform?
It overlaps with the GDPR with regard to transparency and increases overall transparency related to online platforms.
For instance:
- Recommender systems, which is ML that recommends products: Online platforms should ensure users are informed about how recommender systems impact the way information is displayed, and how and what information is presented
- Online advertising: Recipients should have information directly accessible from the online interface where an ad is presented, such as parameters used for determining why an ad was directed to them (the logic used and whether it was based on profiling)
Outside of US federal laws, name some other laws that would apply to AI.
- The European Union’s Digital Services Act
- Local IP and competition laws
- Product safety law
- AI-specific regulations like the EU AI Act
How do product safety laws apply to AI?
- The EU AI Act includes existing product safety laws.
- The US Consumer Product Safety Commission is working to develop standards for AI.
- Many existing product safety laws are being expanded to include AI processes and programs.
Name some data protection laws and security standards that apply to AI.
- GDPR
- CPRA
- Illinois’ Biometric Information Privacy Act (BIPA)
- Security laws and standards
- Breach laws
- ## Other laws and regulations focused on personal data
Name 3 articles/recitals in the GDPR that are especially applicable to GDPR.
- Article 22: Automated individual decision-making, including profiling
- Article 35: Data protection impact assessment
- Recital 26: Not Applicable to Anonymous Data
What is the definition of product liability law?
Law that relates to those who make/sell products being held responsible for harm their products may cause.
What are the 2 distinct approaches to product liability law in the EU?
1) Fault Liability regimes: Must prove an action or inaction by the product maker caused the harm.
2) Strict Liability (aka No Fault) regimes: Do not need to prove intentional wrongdoing or fault, only that a product defect caused harm.
Name 2 reasons why it’s difficult to prove liability and to compensate for AI induced harm.
1) Difficult to attribute harm due to the autonomous, constantly evolving and changing nature of AI systems.
2) AI systems are highly complex and technical, so it can be difficult to understand what led to harm.
Which 2 EU proposals seek to make it easier for victims to prove liability and receive compensation in cases where AI causes harm?
1) Reform of the 1985 Product Liability Directive
2) AI Liability Directive (reinforces the EU AI Act)
What are the 2 key measures put forward by the AI Liability Directive?
1) Courts empowered to order the disclosure of evidence about high-risk AI systems from providers.
2) Courts will be able to presume a causal link between non-compliance with relevant laws and AI induced harm.
What are the 3 main types of liability claims under US law?
1) Strict liability
2) Negligence
3) Breach of warranty
Name some US case law involving AI.
- Rodgers v. Christie - Held that AI is not a product (under New Jersey law). The AI recommended pre-trial release of a defendant, who then committed murder.
- Connecticut Fair Housing Association v. Corelogic Rental Property Solutions - Seeks to asset that vendors can be held liable for harm cause by AI systems. Disabled tenant denied housing - violation of state Fair Housing law (case still pending).
