Tech & Sourcing @ Morgan Lewis

President Joseph Biden issued an executive order (Order) on October 30 addressing the challenges and opportunities posed by artificial intelligence (AI). The Order’s scope is extensive and includes new standards for AI safety, security, and innovation in a number of industries, including, but not limited to, technology, immigration, privacy, intellectual property, healthcare, and the workplace. The overarching goal of the Order is to promote responsible innovation, competition, and collaboration in AI via government oversight and regulation.

Artificial intelligence (AI) has been rapidly transforming industries and reshaping our daily lives by ushering in unprecedented opportunities for automation—which naturally has come with some challenges. While AI’s potential is immense, the potential ethical, security, and compliance implications should be carefully examined.

The UK government has announced the UK extension to the EU-US Data Privacy Framework, known as the UK-US data bridge. The new framework will allow businesses to transfer personal data between the United Kingdom and the United States. This blog post  explores the significance of the UK-US Data Bridge and what it means for businesses on both sides of the Atlantic.

It should be no surprise to readers of this blog that questions about artificial intelligence (AI) have been the hot topic for the past six months. We have previously written posts related to AI contracting pointers, updates from the US Copyright Office and the UK government, and transatlantic developments, as well as copyright risks. This month, we are going to continue the trend and raise some additional issues related to AI that are relevant to our tech and sourcing followers.

Technology transactions, outsourcing, and commercial contracts (TOC) group member Don Shelkey, together with Morgan Lewis lawyers Stephanie Sweitzer, Levi McAllister, Jason Mills, and Samantha Ojo, will present a continuing legal education (CLE) webinar on planning for the 2026 Men’s World Cup on October 11, 2023 from 1:00–2:00 pm ET, as part of the Morgan Lewis World Cup Strategic Initiative.

Given the sharp rise in usefulness of and attention to generative AI–powered applications, the US Copyright Office issued a notice of inquiry and request for comments in order to conduct a deep dive on how this technology could impact fundamental aspects of copyright law, including some issues we have recently discussed, such as potential infringement based on model training content and copyright protection of generative AI outputs.

The United Kingdom’s Information Commissioner’s Office and data protection authorities from Canada, Australia, Hong Kong, Mexico, Switzerland, Norway, New Zealand, Colombia, Jersey, Morocco, and Argentina have released a joint statement on data scraping and its impact on data privacy.

In a recent LawFlash, George Cyriac, Wai Ming Yap, and Dr. Axel Spies reviewed key features of India’s new privacy law—the Digital Personal Data Protection Act, 2023 (DPDP Act). They also discussed what to expect regarding and how to prepare for these new requirements, including that India’s central government may enact separate rules to give effect to certain provisions of the DPDP Act.

As part of our Spotlight series, Dennis C. Gucciardo, who counsels medical device manufacturers throughout the product lifecycle in the US Food and Drug Administration (FDA) regulatory context, shares insight into some important considerations when creating, reviewing, and implementing medical device product warranties.

In an age marked by remarkable advancements in artificial intelligence (AI), the question of how to effectively govern this rapidly evolving technology has become increasingly pressing. On August 31, 2023, a significant milestone was achieved with the publication of the Governance of Artificial Intelligence: Interim Report by the Science, Innovation and Technology Committee of the UK government (the Interim Report).