Kilpatrick Connect

How is AI being used in agriculture? What do you need to know about the legal risks with the technology in this space? Check out Siegmar Pohl and Jordan Glassman's Key Takeaways from their recent presentation, "AI in Precision Agriculture: Legal Risks and Mitigation" at the 45th Annual Symposium of the American Agricultural Law Association ??

The Trump administration's early focus on AI as a key component of its agenda is of critical importance to the development of the technology as well as those entities that utilize AI. The administration's signaled commitment to leveraging AI for national security, economic efficiency, and competitive advantage, along with the anticipated repeal of Executive Order 14110 and subsequent regulatory changes, signals a new direction in American AI development which purports to prioritize innovation and global competitiveness. As federal agencies and states adjust to these policy shifts, stakeholders across various sectors must remain vigilant and adaptive to navigate the evolving landscape of AI regulation and implementation. The emphasis on AI within the Trump administration not only highlights its potential impact on government operations but also sets the stage for broader federal and state legislative and regulatory developments that will shape the future of AI in the United States. Read the full Legal Alert from Kilpatrick Connect's Stephen Anstey,?John Loving,?Joseph Petersen, Keval Patel, and Reagan Larkin ?? https://lnkd.in/etNztZdy

"Artificial intelligence is a continuously developing and increasingly essential technology with broad applications across sectors. Significant advancements in existing AI systems and in what the federal government titles “emerging AI technologies,” such as generative AI, has led lawmakers and regulatory agencies to focus on how best to govern AI's development and use. Earlier this year, the European Union enacted its Artificial Intelligence Act (EU AI Act), which aims to ensure the safe and ethical development, deployment, and use of AI. The U.S. has not been able to pass a similar comprehensive law governing AI. Absent such a comprehensive law, the U.S. federal government and various states are attempting to regulate AI through a patchwork of narrow laws and agency regulations, each addressing only certain aspects of this technology. While these ad hoc rules will govern the use of AI and set stringent related standards and compliance requirements, this fragmented approach creates a complex web of rules with which effected entities must constantly monitor, understand, and attempt to comply." Kilpatrick Connect Directors?Stephen Anstey?and?Michael Breslin?coauthored an article about the fragmented AI regulatory landscape in the U.S. that was one of six featured articles in the 2025 edition Best Law Firms??publication. Read their full article and learn more about the AI regulatory landscape at the link below ?? https://lnkd.in/essXk65M

We're proud to share that Atlanta Associate Kurtis Anderson was invited to serve on the State Bar of Georgia’s Special Committee on Artificial Intelligence and Technology. "This special committee shall examine (1) how the Georgia Rules of Professional Conduct cover advancements in technology, particularly artificial intelligence, and the practice of law; (2) whether existing rules and Bar policies adequately address lawyers' technology-related conduct; and (3) how the State Bar of Georgia can aid its members as they integrate artificial intelligence and technological advances into the practice of law. It shall report its findings and recommendations to the Executive Committee, the Board of Governors, and the Supreme Court of Georgia." Congratulations, Kurtis!

Big day for me today! My study on the future of AI liability for the European Parliament, and more specifically on the potential fate of the AI Liability Directive, was published. Key takeaways: 1. AILD Still Needed: The PLD has been passed, but the AILD is still needed to cover significant gaps. For example: discrimination; personality rights; professional property; IP violations; liability along the value chain. All this is beyond the scope of the PLD, or not adequately addressed. But it is crucial, particularly when thinking of potential harms of generative AI, which rarely damages life, health or property, and much rather concerns non-discrimination and personality rights, as well as IP. 2. AI Act Alignment: The AILD needs to be better aligned with the AI Act, particularly concerning liability for general-purpose AI models and liability along the value chain (providers; deployers; intermediaries). 3. High-Impact Category and Generative Risks: The AILD should add certain categories that trigger the evidence disclosure obligations and the rebuttable presumptions concerning fault and causality. This primarily concerns: general-purpose AI models (e.g. ChatGPT); Old Legislative Framework systems (e.g. autonomous vehicles; transportation-related AI applications more generally); and insurance applications beyond health and life insurance. 'High-impact AI systems' would cover high-risk AI systems and those additional systems. 4. Liability Along the Value Chain: Ensuring joint liability along the AI value chain is crucial, with specific provisions needed to protect SMEs and downstream parties. 5. Toward a Unified Software Liability Framework: Many of the questions arising in the context of AI also concern traditional software; the PLD, equally, does not distinguish between software and AI in its scope. Hence, instead of focusing only on AI, software should be covered more generally in the proposed instrument. The AILD should thus be expanded to address liability issues in non-AI software as well, aligning with the PLD to create a comprehensive software liability instrument. 6. From the AILD to a Software Liability REGULATION: To achieve true harmonization across Member States, minimize divergences in implementation detrimental to innovation, and to follow the general trend in product safety law as well as digital regulation, the instrument should be passed as a regulation, not a directive. Moving from a directive to a regulation will promote legal consistency across the EU, enhance consumer protection, and foster innovation in the AI and software sectors. Also: Directives are so 2000… ? Link to the study: https://lnkd.in/erDAZbpd ? Many thanks to the EPRS for their support, and for entrusting me with the study; for to the JURI committee of the Eur. Parliament for requesting it. Comments welcome! #aild #aiact cc: European New School of Digital Studies Europa-Universit?t Viadrina Frankfurt (Oder)

Kudos to Philipp Hacker, Sarah Hammer and Sanjoy Patnaik for organizing an outstanding convening at Brookings that addressed Frontier AI technology, the importance of AI evaluation, and various aspects of AI policy. Really enjoyed both the private and public days of the meeting and speaking about our work at Carnegie Mellon University Block Center for Technology and Society on workforce supply chains and the emerging work on the measurement and science of Ai evaluation. Sen. John Hickenlooper’s keynote on ai policy was a highlight.

California AI?Senate Bill 1047, titled the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (“SB 1047” or the “bill”), has the potential to significantly impact AI development and use. The bill, which passed the California Assembly on August 28, 2024, and the California Senate on August 29, 2024, has been sent to Governor Newsom and awaits his action. If signed into law, SB 1047 would represent the most comprehensive AI specific state legislation enacted to date. https://lnkd.in/exnckNyq Learn more from Kilpatrick Connect Directors Stephen Anstey and Michael Breslin at the link above.

Colorado recently enacted a law, titled "Concerning Consumer Protections with Artificial Intelligence Systems," that primarily addresses the potential for discrimination in high-risk AI systems. Kilpatrick Connect Director Stephen Anstey gives a brief overview of what developers and deployers of high-risk systems need to know about the new legislation. Learn more about Kilpatrick Connect: https://lnkd.in/e9asd7de

On July 26, 2024, the White House issued a Fact Sheet update concerning the impacts of and actions taken regarding the White House’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“EO on AI”). Kilpatrick Connect Directors Stephen Anstey and Michael Breslin cover the highlights from the White House update in their latest article.

Today, August 1, 2024, the European Union's Artificial Intelligence Act (EU AI Act), entered into force. The EU AI Act is the first enacted comprehensive legislation targeting recently developed advanced artificial intelligence (AI) systems, including generative AI (Gen AI). As with other significant EU legislation, the EU AI Act applies to entities within and outside the EU. Kilpatrick Connect Directors Stephen Anstey and Michael Breslin cover the most important things you need to know about this Act.