Cassandra Carley, Ph.D. Associate

Crafting an appropriate AUP for generative AI is a process that requires careful consideration and collaboration across multiple departments. Each policy will be different, reflecting the company’s business needs and culture, the nature of the intended uses of such tools, and the company’s level of risk tolerance in light of its industry and the applicable evolving legal and regulatory landscape.

As the hype about generative artificial intelligence (AI) has grown, the Federal Trade Commission (FTC) has made clear that it intends to be at the forefront of federal agencies working to ensure the responsible use of AI.

Recent weeks have seen action from various European regulators regarding artificial intelligence/machine learning (AI/ML) and algorithms.

The Federal Trade Commission (FTC) issued a press release and a request for information on March 22, 2023, soliciting comments from the public on cloud computing business practices, including issues related to market power, competition, and potential data security risks.

The Federal Trade Commission announced its first enforcement of the Health Breach Notification Rule against a digital health company, a case it brought against a company that shared user health data with third-party advertising platforms without the authorization of the affected users. This case signals the importance for digital health companies, whether or not covered by the Health Insurance Portability Accountability Act, of treating personal health information as sensitive and regulated by the HBNR and other FTC-enforced laws.