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The Not-So-Hidden FTC Guidance on Organizational Use of Artificial Intelligence, and European Commission’s Proposed Artificial Intelligence Regulation

Posted on May 26, 2021June 24, 2025 by Dissent

James A. Sherer, Nichole Sterling, and Stanton Burke of BakerHostetler write:

Our last AI post on this blog, the New (if Decidedly Not ‘Final’) Frontier of Artificial Intelligence Regulation, touched on both the Federal Trade Commission’s (FTC) April 19, 2021, AI guidance and the European Commission’s proposed AI Regulation. The FTC’s 2021 guidance referenced, in large part, the FTC’s April 2020 post “Using Artificial Intelligence and Algorithms.” The recent FTC guidance also relied on older FTC work on AI, including a January 2016 report, “Big Data: A Tool for Inclusion or Exclusion?,” which in turn followed a September 15, 2014, workshop on the same topic. The Big Data workshop addressed data modeling, data mining and analytics, and gave us a prospective look at what would become an FTC strategy on AI.

Read more on Data Counsel.

In other coverage of the European Commission’s new proposal, Lisa Peets, Marty Hansen and Vicky Ling  of Covington & Burling write:

In April 2021, the European Commission released its proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the “Regulation”), which would establish rules on the development, placing on the market, and use of artificial intelligence systems (“AI systems”) across the EU. The proposal, comprising 85 articles and nine annexes, is part of a wider package of Commission initiatives aimed at positioning the EU as a world leader in trustworthy and ethical AI and technological innovation.

The Commission’s objectives with the Regulation are twofold: to promote the development of AI technologies and harness their potential benefits, while also protecting individuals against potential threats to their health, safety, and fundamental rights posed by AI systems.

Read more on Inside Privacy.

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