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ARTICLE · 13 DECEMBER 2023

AI Enforcement Update: FTC Authorizes Compulsory Process For AI Investigations

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On November 21, 2023, the Federal Trade Commission ("the FTC") announced its approval of an omnibus resolution authorizing the use of compulsory process for nonpublic investigations...

United StatesAntitrust/Competition Law
Ann O'Brien
Ann O'Brien
James Gatto
James Gatto
Jake Walker
Jake Walker
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On November 21, 2023, the Federal Trade Commission ("the FTC") announced its approval of an omnibus resolution authorizing the use of compulsory process for nonpublic investigations concerning products or services that use artificial intelligence ("AI"). Compulsory process refers to information or document requests, such as subpoenas or civil investigative demands, for which compliance is enforceable by courts. Recipients who fail to comply with compulsory process may face contempt charges.

Before issuing compulsory requests, FTC Staff ("Staff") must typically seek a resolution from the Commission. This omnibus resolution streamlines Staff's ability to issue compulsory requests to companies offering products or services involving AI and will be in effect for ten years. By reducing the administrative "red tape" associated with issuing a compulsory request broadly related to AI, this omnibus resolution appears to allow the FTC to more easily

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