Artificial Intelligence

As we reflect on the flurry of activity in the health care data privacy and security space in 2023 and look ahead to what will continue to be a busy 2024, we are seeing the early stages of federal agency movement to align the regulatory environment with modern health care delivery, cutting-edge technologies, and innovative data-sharing techniques. Some of this work has been done in the form of federal agency guidance in which health care organizations will be looking for additional updates and there are also a handful of pending U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) proposals that call for substantial changes to the HIPAA Privacy Rule.

Read about the FTC’s use of a remedy known as “algorithmic disgorgement” in settlements with AI companies in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI. 

Read about the FTC’s business guidance blog post discussing its resolve to enforce the privacy commitments of certain AI firms known as “model-as-a-service” companies in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the ongoing debate surrounding the use of copyrighted works as training data for AI models in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

The Department of Health and Human Services (HHS) was tasked with formalizing and coordinating efforts to regulate artificial intelligence (AI) in health care under the November 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI EO) and has already begun its regulation of AI within certain certified health IT.  HHS and Office of the National Coordinator for Health Information Technology (ONC) recently published the Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing (HTI-1) Final Rule.

Read about Chief Justice Roberts’s end-of-the-year letter on AI and the federal judiciary in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about three broad trends that shaped AI regulation in 2023 in the year-end edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about a Senate Judiciary Committee hearing addressing the impact of algorithms on competition and consumer rights in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the SEC’s warnings about “AI-washing” and stiff industry opposition to its proposed rules for conflicts of interest in the use of predictive data analytics technologies by broker-dealers and investment advisers in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about workplace implications of president biden’s executive order addressing artificial intelligence in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

See a timeline of Biden’s AI Executive Order, which details when some of the EO’s major provisions will come into effect, in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the FTC’s preauthorization of a compulsory process in investigations relating to AI and a new AI bill supported by a bipartisan group of Commerce Committee senators in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the FTC’s Voice Cloning Challenge to encourage the creation of policies, practices, and technologies to prevent or detect the abuse of AI voice cloning tools in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the Copyright Office’s request for comments on issues regarding AI and copyright and the FTC’s submission in response in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

Read about the OMB’s draft memorandum providing guidance to agencies on how to implement President Biden’s executive order on AI, the UK’s AI Safety Summit, and the Bletchley Declaration that emerged from the summit in the latest edition of AI: The Washington Report, a joint undertaking of Mintz and ML Strategies covering potential federal legislative, executive, and regulatory activities related to AI.

On October 30, 2023, the Biden Administration released and signed an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Executive Order) that articulates White House priorities and policies related to the use and development of artificial intelligence (AI) across different sectors, including health care.

President Biden issued his long-expected executive order on AI addressing workforce training and modernization, privacy, equity and civil rights, safety and security, competition and consumer protection, R&D investments, and government use of AI. Mintz Antitrust Practice Co-chair Bruce Sokler, with ML Strategies’ EVP and Director of Operations Alex Hecht and SVP Christian Fjeld, cover this development in their latest weekly update on AI-related activity in Washington, DC.

The Federal Communications Commission (“FCC”) released a draft Notice of Inquiry (“NOI”) on October 25, 2023 that would, if adopted, seek information about the impact of artificial intelligence (“AI”) on the FCC’s efforts to protect consumers from unwanted and unlawful calls and text messages under the Telephone Consumer Protection Act (“TCPA”). 

The emergence of artificial intelligence (AI) as a field of technology has correlated with an increase in patent application filings on AI-related inventions over the past two decades. With more filings than ever, businesses and institutions developing AI-based technology are claiming rights over key innovations in this space.