Regulating Artificial Intelligence and Machine Learning

Artificial Intelligence (“AI”) and machine learning (“ML”) have the potential to create breakthrough advances in a range of industries, but they also raise novel legal, ethical, and privacy questions that will likely define the next era of technological advancement. Over the last several years, there has been a flurry of AI- and ML-related regulations and guidance issued by international bodies, governments, and regulators seeking to mitigate the risks posed by AI and ML, especially when these technologies are used to make important decisions related to employment or healthcare. Given the proliferation of these technologies across various industries, more regulation is likely to come. Organizations with AI and ML-based products and services should understand and consider how existing laws apply to them, as well as how the changing regulatory landscape may impact their business plans going forward. In this article, we discuss the differing approaches to regulating AI and ML in Europe and at the federal and state levels in the United States and the best practices for building compliance.

By Heather Egan Sussman, Ian Adams & Nur Lalji^[1]

I. INTRODUCTION

AI and ML are considered some of the most important technological developments in recent years, and their use across a myriad of industries has exploded over the past decade. A 2022 survey by NewVantage Partners found that nearly 92 percent of executives said their organizations were increasing investme