AI Rules! And Legislation and Regulations in 2021: eDiscovery Trends

See what I did there?  😉  I’ve written a lot about artificial intelligence (AI) algorithms recently in terms of use cases, and ethics of using them, among other things.  But this recent post from H5 provides the legislation and regulations you need to know that are out there for 2021.

Their article AI Legislation and Regulation: What’s in store for 2021? discusses recent AI regulations before 2021 and the most notable from a legal perspective is Resolution 112, passed by the American Bar Association (ABA) House of Delegates almost exactly two years ago in August 2019 (covered by me here).  The resolution urged “courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence (“AI”) in the practice of law including: (1) bias, explainability, and transparency of automated decisions made by AI; (2) ethical and beneficial usage of AI; and (3) controls and oversight of AI and the vendors that provide AI.”  Resolution 112 also comes with a terrific 15-page report that provides supporting information and guidance to courts and lawyers.

Here’s one that was introduced back in 2019 but never went anywhere.  The Algorithmic Accountability Act in 2019 was introduced by US Senators Ron Wyden and Cory Booker, and Rep. Yvette Clarke and it proposed that companies with more than $50 million in revenues (or possession of more than 100 million people’s data) would have to conduct algorithmic impact assessments of their technology.  While the bill was never even read in committee back in 2019, this article noted that Wyden, Booker, and Clarke plan to reintroduce their bills in the Senate and House this year.


What about 2021?  The article discusses new legislation and regulations for Europe (the first-ever proposed legal framework on AI) and the US, regarding prohibiting harmful algorithms and increasing transparency into websites’ content amplification and moderation practices, among other things.  Check out their article here for more information on those and other initiatives.  AI rules! And legislation and regulations in 2021 will hopefully help AI “rule” even more effectively.

So, what do you think?  Were you familiar with the AI legislation and regulations discussed above?  You are now!  And please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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