1
Q
What is intellectual property?
(IP)
A
Intangible assets
Examples: inventions, brands, technology, source code
2
Q
What is a patent?
A
- Time-limited protection for inventions
- Exclusive right to make, use, or sell
3
Q
What is a trademark?
A
Identifies brand via logo, slogan, or name.
4
Q
What is copyright?
A
Protects works like data and code from unauthorized use or copying.
5
Q
What is a trade secret?
A
Confidential business information offering a competitive edge.
E.g., secret sauce
6
Q
What is a derivative work?
A
Substantial expressive adaptation of a prior work.
E.g., translation, adaptation
7
Q
What is fair use?
A
Allows limited use of copyrighted works without permission for purposes like commentary, teaching, or research.
8
Q
What was decided in Thaler v. Vidal (2023)?
A
Only humans can be inventors on U.S. patents.
9
Q
What did the European Patent Office rule in 2020 about AI as inventors?
A
- AI cannot be inventors
- Inventors must have legal personality
10
Q
What does copyright law protect?
A
Original works of authorship fixed in a tangible medium.
11
Q
What does copyright law not protect?
A
- Facts
- Ideas
- Systems
- Methods
12
Q
What is licensing in the context of AI?
A
Official permission to use or own something.
Such as data or an AI model.
13
Q
Who is a licensor?
A
The party granting permission to use data or a model.
14
Q
Who is a licensee?
A
The party receiving permission to use data or a model.
15
Q
What is indemnification?
A
Contractual obligation to cover losses incurred by another party.
16
Q
What are some AI-related IP challenges in licensing?
A
- Determining data ownership
- Use permissions
- Inclusion of unlicensed or sensitive data
17
Q
How does data and model licensing typically work?
A
- Designate components as confidential
- Limit usage rights
- Define liability and indemnification
18
Q
What are exceptions to infringement indemnification?
A
- User/deployer-initiated modifications
- Unauthorized combination with other software
- Use beyond agreed scope
19
Q
What should model/data licensing agreements include?
A
- Performance metrics
- Warranties, indemnification
- Testing and monitoring evidence
20
Q
What is the EEOC?
A
- U.S. Equal Employment Opportunity Commission
- Enforces workplace civil rights laws
21
Q
What law established the EEOC?
A
Title VII of the Civil Rights Act of 1964.
22
Q
What does Title VII prohibit?
A
Discrimination based on protected characteristics like race, sex, religion, age, disability, etc.
Applies to discrimination in employment only.
23
Q
What is adverse impact?
A
Disparate impact on a protected group from policies or procedures, even if unintentional.
Example: biased pre-employment tests, culturally biased evaluations, limited access to training.
24
Q
When is an AI tool unlawful under the Americans with Disabilities Act (ADA)?
A
If it:
- Disadvantages an employee
- Screens out individuals with disabilities, or
- Violates inquiry restrictions
Inquiry restriction: question (during an interview) regarding possible disability status.
25
What is a **regulatory authority**?
A **state or federal agency** that is authorized to **enforce compliance of regulations** within its authority.
26
What is the **FTC**?
* U.S. Federal Trade Commission
* Independent agency protecting consumers from unfair or deceptive business practices.
27
What is the **mission** of the **FTC**?
Protecting the public from **deceptive or unfair business practices** and from **unfair methods of competition** through law enforcement, advocacy, research, and education.
28
What areas does the FTC **focus** on?
**Antitrust** and **consumer protection**.
29
What constitutes an **unfair act** under FTC authority?
Injury that is:
1. Substantial
2. Without offsetting benefits
3. Not reasonably avoidable by consumers
30
What is **Section 5 of the FTC Act**?
Authorizes **regulation of unfair or deceptive acts or practices**.
| (UDAP)
31
What is **Automated Decision Making**?
| (ADM)
Decisions made **by technology** with **little or no human involvement**.
32
What **2 laws regulate** ADM in **credit** and **finance**?
1. Fair Credit Reporting Act (FCRA)
2. Equal Credit Opportunity Act (ECOA)
33
What does the **Fair Credit Reporting Act** (FCRA) regulate?
**Consumer reporting industry** and **Consumer Reporting Agencies** (CRAs) that create consumer reports.
34
What is a **consumer report**?
Report on an individual's **creditworthiness** and **reputation**.
## Footnote
Used for eligibility decisions (e.g., whether to approve for a loan, credit card, etc.)
35
What is the **Consumer Financial Protection Bureau**?
| (CFPB)
U.S. federal agency that protects consumers in the financial sector.
36
What does the **Equal Credit Opportunity Act** prohibit?
| (ECOA)
**Discrimination by creditors** based on protected characteristics.
37
What must FCRA and ECOA provide **regarding adverse actions**?
**Specific reasons for** credit **denial**, housing denial, **or limit reductions**.
38
What are the FTC's **recommendations for ADM**?
1. No deception
2. Transparency
3. Explain decisions
4. Notify user of changes (e.g., to privacy policy)
5. Avoid discrimination
39
What is **algorithmic disgorgement**?
**Deletion of models** built on improperly obtained data.
40
What is the **Federal Reserve**?
The **central banking system** of the United States.
41
What is **SR 11-7**?
2011 **regulatory guidance** on **model risk management for banks** supervised by the Fed.
42
What are **common uses** of AI models **in banking**?
* Business strategy analysis
* Decision-making
* Valuation
* Stress testing
* Regulatory reporting
43
What does **model validation** include under **SR 11-7**?
* Evaluation of soundness
* Ongoing monitoring
* Outcomes analysis
44
What is the **Occupational Safety and Health Act**?
| (OSHA)
U.S. federal agency that **ensures safe and healthy** working conditions.
45
What did the **2022 OSHA Technical Manual** update include?
Guidelines for **industrial robot system safety** and **hazard analysis**.
46
What is the **Food and Drug Administration** (FDA)?
U.S. federal agency that **regulates food, drugs**, and **medical devices**.
47
When is AI software considered a **medical device**?
If it is **intended to treat, diagnose, cure, mitigate, or prevent disease** or conditions.
48
What is **Software** as a **Medical Device**?
| (SaMD)
**AI/ML-enabled** software that meets **medical device criteria**.
## Footnote
Examples: MRI analysis for stroke, CAD for breast cancer detection, some health-related smartphone apps.
49
How are SaMDs **regulated**?
**Based on risk classification**:
* Class I (low)
* Class II (moderate)
* Class III (high)
50
What does a **SaMD Class I device** include?
Low-risk devices like glucose monitors.
51
What does a **SaMD Class II device** include?
Moderate-risk devices like MRI/x-ray analyzers.
## Footnote
Subject to 510(k) review.
52
What does a **SaMD Class III device** include?
High-risk devices like **life-supporting tools**.
## Footnote
Require full pre-market approval with clinical evidence.
53
What does **Section 1557** of the **Affordable Care Act** (ACA) prohibit?
**Discrimination** in **covered health programs** or activities.
54
Which **agency** enforces Section 1557 of the ACA?
U.S. Department of **Health and Human Services** (HHS), Office for Civil Rights (OCR).
55
What **must healthcare entities do** under **Section 1557** regarding **AI**?
Identify and address biased impacts.
56
What is the **purpose** of the **21st Century Cures Act**?
Promote **accessibility** and **transparency** of **health data**.
## Footnote
Not specific to AI
57
How is the use of **AI in insurance regulated**?
At the **state level**.
58
What is the **NAIC Model Law** (2020)?
Guidelines from the **National Association of Insurance Commissioners** for **responsible AI use**.
59
What is New York's **Insurance Circular Letter No. 7**?
Guidance for **fair and responsible AI use** in **insurance**.
60
What is **NYC Local Law 144**?
Requires **bias audits** for **automated employment decision tools** (AEDTs).
61
What do **U.S. product safety and liability laws** do?
Hold retailers, distributors, and manufacturers **responsible for product-related harm**.
62
What **challenge does AI pose** to **product safety law**?
AI's autonomous nature and complexity **make harm attribution and explainability difficult**.
63
What did the **Consumer Product Safety Act** (1972) establish?
* Created Consumer Product Safety Commission (CPSC)
* Set safety standards
* Enabled product evaluation
* Promoted injury prevention research
64
What are the **3 traditional theories** of **liability**?
1. Strict liability
2. Negligence
3. Breach of warranty
65
What was the **ruling** in **Corelogic case** (2019)?
Vendors **must not sell software** that **allows users to violate anti-discrimination laws**.
66
What was the issue in **DOJ v. Meta Platforms** (2022)?
Alleged **ad targeting based on protected traits** under the Fair Housing Act (FHA).
67
What did the court rule in **Rogers v. Christie** (2020)?
AI-generated content is **not a product** under NJ law.
68
What are **key vendor liability takeaways** for AI products?
* Ensure documentation
* Provide disclaimers
* Track customer specifications/requirements
* Define liability in contracts
69
When might **vendors** be **exempt from liability**?
If **users significantly modify the software** or **use it beyond authorized scope**.
70
What is **strict liability**?
* **No need to prove** intent or fault
* Only that **product was defective** and **caused harm**
71
What is the purpose of the **Reformed Product Liability Directive**?
* Applies **strict liability** to **digital products** and **AI**
* Shifts **burden of proof** to **defendants**
72
What kinds of **damages are covered** under the Reformed Product Liability Directive?
* Personal
* Property
* Non-material damages
73
What is the **Digital Services Act**?
| (DSA)
* EU law effective August 2023
* Targets illegal and harmful online activities
74
Who must **comply** with the Digital Services Act?
| (DSA)
**Online intermediaries** and **platforms** like marketplaces, social media, app stores.
75
What is the **goal** of the Digital Services Act?
| (DSA)
**Prevent illegal** and **harmful online activities**.
76
How does the **DSA** overlap with the **GDPR**?
Both laws aim to **increase transparency** of digital platforms.
77
What **AI-related areas** does the DSA address?
* Recommendation systems
* Online advertising
78
What is required for **recommendation systems** under the **DSA**?
**Inform users** how the system **affects what they see**.
79
What must be **disclosed** about **online advertising** under the **DSA**?
* Ad presentation method
* Targeting logic
* Use of profiling
80
What is EU Directive **2024/2853**?
The Revised Product Liability Directive
## Footnote
Revision was an expansion of liability rules to cover software and AI systems.
81
What is the goal of the EU's **Revised Product Liability Directive**?
Make it easier for victims to:
* Prove liability.
* Receive compensation when AI caused harm.
82
How does the EU's **revised PLD** treat digital products with regard to liability?
The same as physical products.
83
What does the phrase "**rebuttal presumption of defectiveness**" mean?
* Law assumes non-compliant products are defective.
* Burden of proof on manufacturer to prove otherwise.
84
Which **parties** may be found liable under **the revised PLD**?
* Manufacturers
* AI deployers and providers
* Importers and distributors
* Third parties
AIGP
flashcards
Decks in class (8)
# Cards
