GeoAI and the Law Newsletter
Keeping geospatial professionals informed on the legal and policy issues that will impact GeoAI.
This week’s reading addresses various aspects of artificial intelligence regulation and procurement. The EU has published the third draft of its General-Purpose AI Code of Practice focusing on transparency, copyright, and safety to aid compliance with the AI Act and has updated its model contractual clauses for AI procurement. In the US, a court opinion addressed copyright infringement claims against Microsoft and OpenAI, with mixed rulings on direct, contributory, and DMCA claims while the California Attorney General issued guidance on applying existing state laws to AI, highlighting consumer protection and civil rights. In addition, the White House has provided a memorandum to federal agencies on efficiently and responsibly acquiring AI.
Driving Efficient Acquisition of Artificial Intelligence in Government (White House)
This White House memorandum, M-25-22, provides guidance to federal agencies on how to efficiently and responsibly acquire artificial intelligence (AI) systems and services, emphasizing competition, performance tracking, risk management, and cross-functional engagement. It directs agencies to update their policies and establish processes for protecting intellectual property rights and privacy when procuring AI.
California Attorney General’s Legal Advisory on the Application of Existing California Laws to Artificial Intelligence (Attorney General of California)
This California Attorney General's legal advisory provides guidance to consumers and entities developing or using AI about their rights and obligations under existing California laws, including those related to consumer protection, civil rights, competition, and data privacy.
Updated EU AI model contractual clauses (European Commission)
The Public Buyers Community of Interest has released an updated version of the EU model contractual clauses for AI procurement. These clauses are designed to support public buyers in acquiring trustworthy, fair, and secure AI-enabled solutions. The updated resource includes a full version for high-risk AI aligned with the EU AI Act, a customizable light version for non-high-risk AI, and a commentary providing guidance on their use.
Third Draft of the General-Purpose AI Code of Practice published, written by independent experts
The third draft of the General-Purpose AI Code of Practice has been published by independent experts to gather stakeholder feedback for finalization in May. This version features a more streamlined structure with refined commitments and measures related to transparency, copyright, and safety/security, with specific obligations for models posing systemic risks. This Code aims to be a tool for general-purpose AI model providers to demonstrate compliance with the AI Act by incorporating state-of-the-art practice.
NYT case against OpenAI and Microsoft can advance (Axios)
The court in this case addressed motions to dismiss copyright infringement and related claims brought by The New York Times, Daily News, and The Center for Investigative Reporting against Microsoft and OpenAI. The court denied motions to dismiss claims of direct infringement pertaining to the statute of limitations as well as contributory copyright infringement against both defendants. However, the court granted motions to dismiss on other claims including common law unfair competition claims and several Digital Millenium Copyright Act (DMCA) claims.
If you are interested in learning more about how the law is impacting the geospatial ecosystem, you might consider the book Geospatial Law, Policy and Ethics: Where Geospatial Technology is Taking the Law.