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ARTICLE · 29 NOVEMBER 2023

Navigating The FTC's New AI Oversight: What Your Company Needs To Know

Pryor Cashman LLP
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The Federal Trade Commission (FTC) has taken a significant step in regulating the burgeoning field of artificial intelligence (AI). On November 21, 2023, the Commission approved an omnibus resolution...

United StatesTechnology
Jeffrey Alberts
Jeffrey Alberts
Robert DeBrauwere
Robert DeBrauwere
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The Federal Trade Commission (FTC) has taken a significant step in regulating the burgeoning field of artificial intelligence (AI). On November 21, 2023, the Commission approved an omnibus resolution empowering the use of compulsory process, akin to subpoenas, in nonpublic investigations of products and services utilizing or claiming to employ AI, including generative AI.

This resolution enables FTC staff to issue civil investigative demands (CIDs) for documents, information, and testimony that FTC staff can then use for consumer protection and competition investigations involving AI. The scope of AI under this resolution is broad, covering machine-based systems capable of making influential predictions, recommendations, or decisions, and includes generative AI that can autonomously generate synthetic content in the form of images, videos, audio, and text seemingly created by humans.

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