AI Counsel Blog Posts
DOJ Issues Guidance on Data Export Control Rule
by John Jenkins
April 23, 2025
The DOJ recently issued implementation and enforcement guidance on its data export control rule, which became effective on April 8, 2025. This WilmerHale memo summarizes that guidance. Here’s the intro: On April 8, the Department of Justice’s (“DOJ’s”) final rule on Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern […]
Cybersecurity: Addressing the Risks of SaaS Solutions
by John Jenkins
April 22, 2025
Organizations are increasingly turning to cloud-based “software as a service” (SaaS) solutions to handle and store proprietary information and other sensitive business data. However, a recent Risk Management Magazine article says that although companies are investing billions of dollars in SaaS solutions, their investment in the security of these systems has lagged. Many users assume […]
The “BYOAI” Problem: Secret Employee Use of AI Tools
by John Jenkins
April 21, 2025
Some companies have responded to the risks associated with ChatGPT and similar AI tools by forbidding their employees from using them. Unfortunately for these digital age King Canutes, that’s unlikely to be a successful approach. A recent Pymnts.com article observes that banning these tools is neither practical nor effective, because employees will simply develop workarounds to […]
Microsoft to Scale Back Data Center Development
by Zachary Barlow
April 17, 2025
Earlier this week I blogged about corporate ambitions to scale up AI integration. However, economic headwinds might make that more difficult than anticipated. Recently, AI frontrunner and tech giant Microsoft announced that it is pausing or delaying the development of a number of data center projects. CFO Dive reported on this quoting Microsoft’s president of […]
DOJ Disbands Cryptocurrency Enforcement Team, Shifts Focus
by Zachary Barlow
April 16, 2025
The US Attorney General has announced a major change in how federal regulators approach cryptocurrency markets. A recent memorandum directed the U.S. Department of Justice (DOJ) to scale back litigation and enforcement actions against digital asset platforms. Instead, the DOJ will focus on individuals and organizations using digital assets in unlawful ways. A recent memo […]
Companies Scaling Up AI Implementation Despite Low Employee Use Rates
by Zachary Barlow
April 15, 2025
KPMG’s recent AI Q4 Pulse Survey gives valuable insights into how companies are adopting and implementing AI systems. The results indicate that more companies are moving beyond the research and development phase, and pursuing full implementation. However, the pace of AI adoption is posing challenges. Many companies are scaling AI systems before ROI metrics are […]
Virginia “High-Risk” AI Law Vetoed by Governor
by Zachary Barlow
April 14, 2025
Last month I wrote about Virginia HB 2094. A bill that sought to limit algorithmic discrimination and impose new obligations on AI developers and deployers operating in Virginia. Despite clearing the legislature, the Governor of Virginia recently vetoed the law. A Davis Polk memo describes the governor’s reasoning: “In his veto message, Governor Youngkin noted […]
EU Artificial Intelligence Act: Updated Model AI Contract Clauses
by John Jenkins
April 10, 2025
The EU’s Community of Practice on the Public Procurement of AI recently updated its model contractual clauses (MCC-AI) for use in connection with procurement of AI systems by public sector organizations. The clauses include a “full version” intended for high-risk AI, a “light version” for non-high-risk AI that’s customizable to specific needs, and a commentary […]
What Should be in Your AI Use Policy?
by John Jenkins
April 9, 2025
AI use policies are becoming increasingly common, but what should be in those policies? A recent CSOonline article has some thoughts on that topic. This excerpt discusses the need for the policy to include clear responsible use guidelines: Can employees use public AI chatbots or only secure, company-approved tools? Can business units create and deploy […]
Beyond Basic: Understanding ISO/IEC 42001’s Definition of “Risk”
by John Jenkins
April 8, 2025
ISO introduced its AI management system standard, ISO/IEC 42001, in December 2023. It is the first such standard and, according to ISO’s website, “ISO/IEC 42001 is an international standard that specifies requirements for establishing, implementing, maintaining, and continually improving an Artificial Intelligence Management System (AIMS) within organizations.” A recent LinkedIn post by Dentons’ Dalton Cline […]