A.I. Legal & Policy Issues Newsletter 
September 9, 2019 
 
 
 
Regulatory Activity of Interest
USPTO: ​Request for Comments on Patenting Artificial Intelligence Inventions​, Docket ID:
PTO-C-2019-0029​, Comments Due: Oct. 11

The USPTO is interested in gathering information on patent-related issues regarding AI inventions for
purposes of evaluating whether further examination guidance is needed to promote the reliability and
predictability of patenting AI inventions. To assist in gathering this information, the USPTO is publishing
questions on AI inventions to obtain written comments from the public. The questions are designed to
cover a variety of topics from patent examination policy to whether new forms of IP protection are needed.

See also: ​Can a Computer Be an Inventor? The PTO Wants to Know What You Think​ - Lexology

NIST: ​A Plan for Federal Engagement in Developing Technical Standards and Related Tools

The plan recommends the federal government “commit to deeper, consistent, long-term engagement in AI
standards development activities to help the United States to speed the pace of reliable, robust, and
trustworthy AI technology development.” It calls for federal agencies to bolster AI standards-related
knowledge, leadership and coordination among agencies that develop or use AI; promote focused
research on the trustworthiness of AI systems; support and expand public-private partnerships; and
engage with international parties.

See also: ​Comments Received for RFI about Federal Engagement in Artificial Intelligence Standards

DOE: ​Department of Energy Creates an A.I. and Technology Office

On Friday, U.S. Secretary of Energy Rick Perry announced the establishment of the DOE Artificial
Intelligence and Technology Office (AITO). The Secretary has established the office to serve as the
coordinating hub for the work being done across the DOE enterprise in Artificial Intelligence. This action
has been taken as part of the President’s call for a national AI strategy to ensure AI technologies are
developed to positively impact the lives of Americans.

Cases of Interest & Other Legal Issues

AI and copyright come together in 'absurd' US complaint​ (Assoc. of American Publishers sues Audible) –
Managing Intellectual Property (free subscription req'd)

Professor and practitioner: Can an AI be an inventor?​ – Patent Strategy

Artificial Intelligence and Tort Liability: The Evolving Landscape​ - Practical Law The Journal

How will the IP world respond to the rise of AI​ – Jose Carlos Erdozain

Driverless car sector looks to design patents after Ford win​ – Patent Strategy
Algorithms Should’ve Made Courts More Fair. What Went Wrong?​ - WIRED

Law of Artificial Intelligence and Smart Machines: Understanding A.I. and the Legal Impac​t - The
American Bar Association (new book)

Biometrics class actions target Lowe's, Home Depot for anti-shoplifting surveillance systems​ - Cook
County Record

Facebook Seeks Full 9th Cir. Review in Face-Scanning Case​ - Bloomberg Law

Artificial Intelligence: The Not-So-Secret Weapon of the Small Firm Attorney​ - LexisNexis Blog

Administration
JAIC director: ‘2020 will be a breakout year’ for DOD’s artificial intelligence​ – FedScoop

Michael Kratsios confirmed as US CTO​ – FedScoop

Letter in Support of the Nomination of Michael Kratsios​ – Committee for Justice  

 
Legislation & Hearings 
Illinois H.B. 2557​ - The Illinois Artificial Intelligence Video Interview Act

H.R.827​ - AI JOBS Act of 2019

H.R.2575​ ​S.1363​ - AI in Government Act of 2019

S.1108​ - Algorithmic Accountability Act of 2019

S.1558​ – Artificial Intelligence Initiative Act

H.R.3600​ ​S.2065​ - Deepfakes Report Act of 2019

H.R.2432​ - Future Defense Artificial Intelligence Technology Assessment Act

H.R.2202​ - Growing Artificial Intelligence Through Research Act

H.Res.153​ - Supporting the development of guidelines for ethical development of artificial intelligence

The Future of Identity in Financial Services: Threats, Challenges, and Opportunities​ - House Financial
Services Committee Task Force on Artificial Intelligence​, Sept 12 9:30 AM

International 
Who Is Winning the AI Race: China, the EU or the United States?​ – Center for Data Innovation

What will Brexit mean for AI in the EU?​ – Daniel Castro & Michael McLaughlin, Irish Tech News

Europe will be left behind if it focuses on ethics and not keeping pace in AI development​ – Daniel Castro,
EuroNews

Police Use of Facial Recognition Is Accepted by British Court​ - The New York Times

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Other Articles of Interest 
The Worst Regulation Ever Proposed​ - Adam Theier, American Institute for Economics Research

Why American Workers Need to Be Protected From Automation​ - Bill de Blasio, WIRED

The Game Is Afoot A Survey of Congress’ Interest in Regulating Artificial Intelligence and Related

Technologies​ - Squire Patton Boggs

Podcast: The Brave New World of Deep Fakes​ - The Federalist Society

Tackling bias in artificial intelligence (and in humans)​ - McKinsey Global Institute

More Than Half of U.S. Adults Trust Law Enforcement to Use Facial Recognition Responsibly; But the
public is less accepting of facial recognition technology when used by advertisers or technology
companies​ - Pew Research Center Survey

Understanding Job Loss Predictions From Artificial Intelligence​ ​- Will Rinehart, American Action Forum

Deepfake Detection Challenge​ – Facebook Partnership on AI

Emerging technology can replace workers — or train them for new work​ - Brookings Institution

OpenAI Wants to Move Slow and Not Break Anything​ – Dave Gershgorn, Medium

The loom and the thresher: Lessons in technological worker displacement​ – Larissa Schiavo, Medium

Perspectives on Futures of Artificial Intelligence​ [video] - Hoover Institution

End the 'robots are coming for your job' panic​ - Eli Lehrer, The Washington Examiner

Upcoming Events
09/10, 9:30 – 11 AM:​ ​How the United States Can Maintain Its Lead in the Global AI Race​, Center for Data
Innovation, National Press Club, 529 14th St. NW

09/11, 9:00 - 11:30 AM: ​Protecting information privacy: Challenges and opportunities in federal legislation​,
Brookings Institution, Falk Auditorium, 1775 Massachusetts Ave. NW

09/12, 8:30 - 10:30 AM: ​AI Future: Will the Fourth Industrial Revolution Empower or Destroy Our
Communities?​, National Union Building, 918 F Street NW

09/16, 1:15 - 2:30 PM: ​Defending CCPA’s “Reasonable” Safeguards Standard Against an Unreasonable
Plaintiff’s Bar​ [webinar, Winston & Strawn LLP]

09/16, 3:30 - 5:00 PM: ​How will a national data privacy law affect connected devices, applications and the
cloud?​, Brookings Institution, Falk Auditorium, 1775 Massachusetts Ave. NW

09/17, 9:45 AM - COB:​ ​Politico AI Summit​, Newseum, 555 Pennsylvania Ave. NW

09/25, 6:30 - 8:30 AM:​ The Future for Federal Procurement: Robotic Process Automation at IRS, AI in
Government​, George Washington University, Duques Hall, 2201 G St. NW

09/25, 6:30 – 8:30 PM: ​AI in Government - Mitchell Winans, IRS​, George Washington University, 2201 G
Street, NW, Duques Hall Rm 258

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10/21, 6:00 - 8:30 PM: ​AI in Government - Dr. Marc Sebrechts, NSF​, George Washington University,
2201 G Street, NW, Duques Hall Rm 258