Insights

The rapid advancement of artificial intelligence (AI) has spurred a wave of legislative action across the United States—with New York and California arguably emerging as frontrunners. Both states enacted laws in 2024 aimed at regulating AI, but their approaches differ significantly, reflecting distinct priorities and concerns.

On June 13, 2024, the European Union (EU) adopted the Artificial Intelligence Act (EU AI Act), making it the first-ever global law to regulate the use of artificial intelligence in a broad and horizontal manner. The historic measure applies to the development, deployment, and use of AI in the EU. Importantly, the EU AI Act has a certain “extra-territorial” effect to the extent that it is applicable to providers placing AI systems on the market in the EU, even if these providers are established outside the EU.

In March 2024, after years of preparation, the Council of the European Union and the European Parliament reached a provisional agreement on a new regulation governing electronic health data. The regulation, known as the European Health Data Space, was first proposed in March 2022 and, when formally adopted, will apply to the primary use and secondary use of health data. This initiative is a key component of the broader EU data strategy and represents the first of nine sector– and domain–specific data spaces outlined in the European Commission’s 2020 communication on “A European strategy for data.”

When President Joe Biden issued the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence in 2023, his administration recognized not only the extraordinary promise of artificial intelligence (AI) but also the risks that irresponsible use of the technology posed. The risks identified by the President include algorithmic discrimination in activities that impact consumers, job candidates, and employees.

Artificial intelligence (AI) is rapidly reshaping global economies. South Africa, Brazil, and India are each leveraging AI to boost innovation in important areas, but they face different challenges. As a result, each country has developed its own rules on using AI, as well as on privacy, cybersecurity, and other efforts for digital transformation.

On a very basic level, generative artificial intelligence (Gen AI) takes in vast amounts of information, analyzes it, and provides results. It uses mathematical algorithms to find patterns in the information and exploits those patterns to achieve the user’s goal.

Artificial intelligence (AI) has been finding its way into business for some time, but that trend was dramatically accelerated with the arrival of generative AI (Gen AI), which can create new content on its own. The release of a relatively easy-to-use version of Gen AI in late 2022 was followed by the rapid adoption of the technology—and not long after, by the arrival of class action lawsuits centered on AI.

Class actions are alive and well in the world of employment law. Much is happening, and there’s plenty more to come, says Rebecca Springer, a Crowell & Moring partner who serves as talent and inclusion lead in the firm’s Labor and Employment Practice.

On Dec. 8, 2023, after lengthy and intense negotiations, European legislators reached a political agreement on the EU Artificial Intelligence Act (AI Act). The EU Parliament formally adopted its position during its plenary session of March 13, 2024, and after legal-linguistic finalization and formal adoption by the EU Council, the AI Act is expected to be published in the Official Journal of the EU before the end of Q2, 2024.

It’s fair to call 2023 the year of artificial intelligence. The 2023 AI boom was largely driven by the widespread adoption of new technologies like ChatGPT, Google Bard, and Microsoft Copilot. Alongside the excitement surrounding these new technologies, alarm over the possible consequences of increased AI use without appropriate guardrails caused both government and private entities to act. 

Across the Asia-Pacific (APAC), the past year has brought defining developments for privacy and cybersecurity regulations in the region. A number of countries have implemented new or updated existing policy instruments—a testament to the growing relevance of a strong privacy and cybersecurity framework in the face of rapid global digital transformation. Topline 2023 changes and actions across APAC have included Vietnam’s Decree on Personal Data Protection; Bangladesh’s Cyber Security Act and draft Data Protection Act; amendments to Taiwan’s Cyber Security Management Act; and Indonesia’s Presidential Regulation Number 47 of 2023 on Cyber Crisis Management and National Cyber Security Strategy.

Artificial intelligence and the metaverse are two of the most rapidly evolving technologies today, testing the boundaries of intellectual property law. While the swift expansion of AI in all industry sectors can be thrilling, it also presents challenges in terms of protecting and encouraging artistic and scientific endeavors. A principal challenge for authors, creators, and corporations is how to protect creative endeavors from the threat of consumption and reproduction by AI engines, while at the same time realizing the promise of AI-conceived and -developed creative and technological advances. This fundamental IP conundrum also arises in the evolving metaverse.

Technology is advancing at a rapid pace, and at the forefront of this evolution is artificial intelligence and the metaverse. AI systems have access to vast amounts of personal data, and the metaverse offers a new platform for social interaction and commerce. As the use of AI becomes increasingly ubiquitous and the metaverse continues to evolve, organizations should contemplate the implications posed by the use of AI in the metaverse, including: