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.

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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.

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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.

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Generative artificial intelligence exploded into public consciousness in 2023.  With increased public awareness inevitably came increased regulatory scrutiny, both in the United States and abroad. While there is little doubt that government regulation of AI will increase in 2024, a different trend is also emerging – AI companies proactively embracing responsible AI principles through voluntary commitments. 

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AI Trends For 2024 - Voluntary Commitments by Companies to Responsible AI | MoFo Tech

Daphne M Higgs

Lindsay B. Harris

Generative artificial intelligence exploded into public consciousness in 2023.[1] With increased public awareness inevitably came increased regulatory scrutiny, both in the United States and abroad. While there is little doubt that government regulation of AI will increase in 2024, a different trend is also emerging – AI companies proactively embracing responsible AI principles through voluntary commitments. Some of what we’ve seen so far: <ul><li dir="ltr">White House Secured Voluntary Commitments from Leading AI Companies. In July 2023, seven companies at the forefront of AI innovation (Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI) voluntarily committed to a series of principles put forward by the Biden administration to foster safety, security, and trust in their AI-based products.[2] Since then, eight additional companies have signed on, including Adobe, Cohere, IBM, Nvidia, Palantir, Salesforce, Scale AI, and Stability. The commitments include security testing, information sharing, investing in cybersecurity, vulnerability auditing, content labeling, public reporting, researching risks, and using AI to address societal issues. [3]</li><li>White House Secured Voluntary Commitments in the Health Sector. On December 14, 2023, the White House announced voluntary commitments from 28 healthcare provider and payer organizations to health sector AI commitments.[4] The commitments include ensuring that outcomes are aligned with fair, appropriate, valid, effective, and safe (FAVES) AI principles, transparency in development and use, adherence to a risk management framework, and the responsible use of open source models.</li><li>Content Provenance. It is sometimes virtually impossible to tell when works (like photos) have been altered. While this was true before generative AI (think photoshopping), companies in the generative AI space have signed on to projects like the Coalition for Content Provenance and Authenticity (C2PA) to develop open technical standards for tracing content provenance. In October 2023, Adobe, in collaboration with the C2PA, launched Content Credentials, which allow creators to add tamper-evidence metadata about their content, including whether any AI tools were used.[5]</li><li>Watermarking. Related to the above (and the White House voluntary commitments), companies have also launched watermarking tools to label AI-generated content.[6] </li><li>Opt Out of Training. While maintaining that use of third-party materials to train their models is a fair use, leading AI companies nevertheless provided creators with ways to opt out of having their materials used as training data for forthcoming models.[7] </li></ul>[1]It is incredible to think how recently these tools were released. ChatGPT, arguably the tool that put generative AI on the map, was only launched in November 2022 (does anyone remember the prompt asking ChatGPT to write a biblical verse in the style of the King James Bible explaining how to remove a peanut butter sandwich from a VCR? That was <a href="https://twitter.com/tqbf/status/1598513757805858820?lang=en" target="_blank">tweeted</a> on December 1, 2022, and The New York Times <a href="https://www.nytimes.com/2022/12/05/technology/chatgpt-ai-twitter.html#:~:text=Many%20of%20the%20ChatGPT%20exchanges,butter%20sandwich%20from%20a%20VCR.%E2%80%9D" target="_blank">wrote about it </a>on December 5, 2022). One of the first text-to-image models, DALL·E, was <a href="https://openai.com/research/dall-e" target="_blank">announced in January 2021</a> while Stable Diffusion was released in August 2022, and Firefly in June 2023. The first publicly available text-to-video model, Runway Gen-2, was first released in <a href="https://petapixel.com/2023/03/20/runway-gen-2-is-the-first-publicly-available-text-to-video-generator/" target="_blank">March 2023</a>.[2] The White House, “<a href="https://www.whitehouse.gov/briefing-room/statements-releases/2023/07/21/fact-sheet-biden-harris-administration-secures-voluntary-commitments-from-leading-artificial-intelligence-companies-to-manage-the-risks-posed-by-ai/" target="_blank">FACT SHEET: Biden-⁠Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI</a>,” The White House Briefing Room (July 21, 2023).[3] Brad Smith, “<a href="https://blogs.microsoft.com/on-the-issues/2023/07/21/commitment-safe-secure-ai/" target="_blank">Our commitments to advance safe, secure, and trustworthy AI</a>,” Microsoft (July 21, 2023); Amazon Staff, “<a href="https://www.aboutamazon.com/news/company-news/amazon-responsible-ai" target="_blank">Our commitment to the responsible use of AI</a>,” Amazon Blog (July 21, 2023).[4] U.S. Department of Health and Human Services, “<a href="https://www.hhs.gov/about/news/2023/12/14/fact-sheet-biden-harris-administration-announces-voluntary-commitments-leading-healthcare-companies-harness-potential-manage-risks-posed-ai.html" target="_blank">FACT SHEET: Biden-Harris Administration Announces Voluntary Commitments from Leading Healthcare Companies to Harness the Potential and Manage the Risks Posed by AI</a>,” U.S. Department of Health and Human Services News (Dec. 14, 2023).[5] Adobe, “What are Content Credentials?” Adobe Blog (Oct. 10, 2023).[6] See, e.g., Melissa Heikkila, “<a href="https://www.technologyreview.com/2023/08/29/1078620/google-deepmind-has-launched-a-watermarking-tool-for-ai-generated-images/" target="_blank">Google DeepMind has launched a watermarking tool for AI-generated images</a>,” MIT Technology Review (Aug. 29, 2023); Meta, “Stable Signature: A new method for watermarking images created by open source generative AI,” Meta Blog (Oct. 6, 2023); Emilia David, “<a href="https://www.theverge.com/2023/11/29/23980697/amazon-ai-image-model-watermark-copyright" target="_blank">Amazon joins AI image creation fray with new model</a>,” The Verge (Nov. 29, 2023); Emilia David, “<a href="https://www.theverge.com/2023/11/8/23951955/microsoft-elections-generative-ai-content-watermarks" target="_blank">Microsoft offers politicians protection against deepfakes</a>,” The Verge (Nov. 8, 2023).[7] See, e.g., Emilia David, “<a href="https://www.theverge.com/2023/8/7/23823046/openai-data-scrape-block-ai" target="_blank">Now you can block OpenAI’s web crawler</a>,” The Verge (Aug. 7, 2023); Danielle Romain, “<a href="https://blog.google/technology/ai/an-update-on-web-publisher-controls/" target="_blank">An update on web publisher controls</a>,” Google Blog (Sept. 28, 2023); Sharon Goldman, “<a href="https://venturebeat.com/ai/stability-ai-to-honor-artist-opt-out-requests-for-stable-diffusion-3/" target="_blank">Artists can opt-out of next Stable Diffusion training</a>,” Venture Beat (Dec. 15, 2022).

AI Trends For 2024 - Voluntary Commitments by Companies to Responsible AI

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