Key Recommendations for a U.S. AI Action Plan
In a significant move towards the development of a national Artificial Intelligence (AI) Action Plan, a prominent technology and intellectual property law firm has submitted crucial recommendations to the U.S. government. These proposals aim to foster innovation and ensure legal clarity in the rapidly evolving AI landscape.
Focus on Innovation and Legal Clarity
The law firm’s recommendations are designed to promote responsible AI development while addressing existing regulatory hurdles. By focusing on critical areas that support AI adoption across various industries, the proposals seek to minimize unnecessary regulatory barriers and maintain the U.S.’s competitive edge in global AI development.
Key Proposals Submitted
The following key proposals were submitted to enhance the regulatory framework surrounding AI:
- Safe Harbor Exemption for Data Transfers to Third-Party LLMs: To alleviate uncertainty regarding the legality of transferring customer data to third-party Large Language Models (LLMs), the firm advocates for a safe harbor exemption. This would enable businesses to engage with third-party LLMs without violating state-specific data privacy regulations.
- Revision of USPTO Policy on AI-Generated Inventions: The firm calls on the United States Patent and Trademark Office (USPTO) to revise its policies to include protections for inventions discovered or created by AI systems. This change would encourage further innovation by recognizing the contributions of AI in the discovery process.
- Clarification of Copyright Protection for AI-Generated Works: Recommendations include revising U.S. Copyright Office policy to permit the registration of works generated by AI, as long as a human provides essential creative input. This would ensure that AI-generated works receive appropriate copyright protection.
- Tax Incentives for AI Data Center Investments: The firm proposes the inclusion of tax incentives in the AI Action Plan to encourage investment in AI data centers. These incentives would prioritize AI infrastructure, driving innovation and attracting investment into AI technologies.
- Review of Legacy Technology Laws: To facilitate AI adoption, existing laws created before the rise of AI technology should be reviewed. If found unnecessarily burdensome, these laws should be updated to meet the unique needs of AI development.
- Creation of a Federal AI Act: The firm advocates for a comprehensive federal Artificial Intelligence Act to provide consistent regulation of AI technologies, balancing innovation with responsibility and preventing conflicting state laws.
- Federal Agency to Coordinate AI Policy: Until the AI Act is established, a single federal executive agency should be appointed to coordinate federal and state policies on AI. This agency would ensure consistency and address regulatory complaints related to AI.
Conclusion
The law firm emphasizes that these recommendations aim to create a clear, efficient, and innovation-friendly regulatory environment for AI. The proposed changes are expected to accelerate AI adoption while ensuring protections for privacy, intellectual property, and investment. The United States has a pivotal opportunity to lead the world in AI development, and establishing a supportive legal framework is essential to unlock this potential.
Further engagement with policymakers and industry stakeholders is anticipated to refine these recommendations as the AI Action Plan takes shape.
