2021 was a busy year for policy proposals and lawmaking related to artificial intelligence (“AI”) and automated technologies. The OECD identified 700 AI policy initiatives in 60 countries, and many domestic legal frameworks are taking shape. With the new Artificial Intelligence Act, which is expected to be finalized in 2022, it is likely that high-risk AI systems will be explicitly and comprehensively regulated in the EU. While there have been various AI legislative proposals introduced in Congress, the United States has not embraced a comprehensive approach to AI regulation as proposed by the European Commission, instead focusing on defense and infrastructure investment to harness the growth of AI.
Nonetheless —mirroring recent developments in data privacy laws—there are some tentative signs of convergence in US and European policymaking, emphasizing a risk-based approach to regulation and a growing focus on ethics and “trustworthy” AI, as well as enforcement avenues for consumers. In the U.S., President Biden’s administration announced the development of an “AI bill of rights.” Moreover, the U.S. Federal Trade Commission (“FTC”) has signaled a particular zeal in regulating consumer products and services involving automated technologies and large data volumes, and appears poised to ramp up both rulemaking and enforcement activity in the coming year. Additionally, the new California Privacy Protection Agency will likely be charged with issuing regulations governing AI by...
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