Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

Social

Search

testimage.jpg

MoFo Tech

Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

llewellyn_scott_blog_150x150.png

llewellyn_scott_common_640x280.jpg

llewellyn_scott_heroretina_2700x1160.jpg

llewellyn_scott_mobileretina_750x1040.jpg

llewellyn_scott_social_600x600.jpg

Partner

Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

favicon.ico

favicon-16x16.png

favicon-32x32.png

apple-touch-icon.png

MoFo Favicons

MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

Mofo Tech testimage

Announcements

Welcome to the MoFo Tech Blog

Blog - Blog Disclaimer

Blog - Terms of Use

Blog - Privacy Policy

Blog - Attorney Advertising

morrison-foerster-blog-logo.png

Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

Class Dismissed Blog

Class Dismissed

In-depth analysis of developments and trends impacting government contracting.

Government Contract Insights Blog

Government Contract Insights

Government Contracts Insights Blog

Govcon

News and thought leadership from lawyers who are adding value to the legal profession and the communities we call home.

  External-Link

MoFo + Blog

MoFo+ Together

MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

MoFo Tech

  Linkedin

MoFo LinkedIN

MoFo Tech Blog - RSS

Stay Connected

At the Intersection of Technology, Law, and Business

At the Intersection of Technology, Law, and Business

Morrison Foerster - Footer

Both domestically and internationally, in 2023 we expect to see continued government scrutiny and regulation of AI tools and their use.    

Blogs -  Home Button

Home

Blog - Topics

Telecommunications

Artificial Intelligence

Asia

Blockchain

Cloud Services + SaaS

European Union

Financings

Fintech

Hardware

Intellectual Property

Internet of Things

Litigation

Mergers + Acquisitions

Privacy + Data Security

Regulatory

Software

Tech Talks

Topics

Blog - Editors

Editors

Blog - About

About

Blog - Subscribe

Subscribe

AI Trends for 2023 - Increased Government Scrutiny of AI  | MoFo Tech

Tessa Schwartz

Both domestically and internationally, in 2023 we expect to see continued government scrutiny and regulation of AI tools and their use.<ul><li>AI Bill of Rights. In October 2022, the White House released the <a href="https://www.whitehouse.gov/wp-content/uploads/2022/10/Blueprint-for-an-AI-Bill-of-Rights.pdf">Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People</a> (the “Blueprint”). The Blueprint outlines five principles and related practices designed to “support the development of policies and practices that protect civil rights and promote democratic values in the building, deployment, and governance of automated system.” The five principles are: (1) safe and effective systems; (2) algorithmic discrimination protections; (3) data privacy; (4) notice and explanation; and (5) human alternatives, consideration, and fallback. The Blueprint followed on the heels of the White House’s release in September <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/08/readout-of-white-house-listening-session-on-tech-platform-accountability/">of </a><a href="https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/08/readout-of-white-house-listening-session-on-tech-platform-accountability/">six principles for enhancing competition and tech platform accountability</a>.</li><li>Additional Federal Guidance on AI Risk Management. In January 2023, the National Institute of Standards and Technology (NIST) is scheduled to release its <a href="https://www.nist.gov/itl/ai-risk-management-framework">AI Risk Management Framework</a> (the “Framework”) and corresponding Playbook (the “Playbook”) (a draft of the Playbook is available; recordings from the October 2022 workshop where the Framework was discussed can be found <a href="https://www.nist.gov/news-events/events/2022/10/building-nist-ai-risk-management-framework-workshop-3">here</a>). The Framework provides a process for managing AI risks.</li><li>Local Regulation in the United States. In addition to AI-specific laws governing the use of AI in employment decisions in Illinois and Maryland, in November 2021, the New York City Council passed the <a href="https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4344524&GUID=B051915D-A9AC-451E-81F8-6596032FA3F9">Automated Employment Decision Tool Law</a> (AEDT). While originally scheduled to take effect on January 1, 2023, in response to substantial public comment on <a href="https://rules.cityofnewyork.us/wp-content/uploads/2022/09/DCWP-NOH-AEDTs-1.pdf">the proposed implementing rules</a> and the need to have a second public hearing on them, on December 12, 2022 the New York City Department of Consumer and Worker Protection (“NY-DCWP”) announced that its enforcement of AEDT would be pushed back to April 15, 2023. The AEDT prohibits an employer or employment agency from using an automated employment decision tool (“tool”) to screen a candidate or employee for an employment decision unless (1) the tool is subject to a bias audit within the year prior to its use; (2) a summary of the results of the bias audit and the date the tool was distributed are published on the relevant employer’s or employment agency’s website prior to use of the tool, along with a notice that the tool is being used at least ten days prior to its use; (3) candidates are allowed to request an alternative selection process or accommodation (although an employer or employment agency is not required to provide an alternative selection process); and (4) information about the type of data collected for such tool and the source of data and the relevant employer’s or employment agency’s retention policy are made available to candidates. Given ambiguities in the AEDT, in October 2022 the New York City Department of Consumer and Worker Protection published <a href="https://rules.cityofnewyork.us/wp-content/uploads/2022/09/DCWP-NOH-AEDTs-1.pdf">proposed rules regarding implementation of the AEDT</a>. We may see the first litigation around implementation of the AEDT in 2023.</li><li>EU AI Act. The EU is finalizing the <a href="https://artificialintelligenceact.eu/">AI Act</a>, its first comprehensive regulation of AI systems. The proposed law regulates AI systems based on the AI’s application classification in one of three risk categories. More detail on the AI Act and AI Regulation in Europe can be found <a href="https://www.mofo.com/resources/insights/221005-ai-regulation-in-europe">here</a>.</li></ul>﻿This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

AI Trends for 2023 - Increased Government Scrutiny of AI 

More

Current State of the AI VC Financing Market

MoFo Tech Law Summit – Tech and Antitrust: Policy Shifts in the Second Trump Administration

MoFo Tech Law Summit – Responsible Tech: Policy Becomes Practice

AI Dynamics: Regulatory Landscape and Industry Insights

Introducing the MoFo Tech Law Summit – Innovation Under Regulation

LinkedIN