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Understanding the legal issues involved in deploying and using generative AI (GenAI) across an organization isn’t just an obligation—it’s a strategic advantage. As businesses harness GenAI’s power, understanding its legal boundaries becomes crucial. This brief journey through GenAI’s legal landscape aims to highlight and demystify the complex interplay between innovation and law.

Understanding Legal Frameworks

GenAI operates at the intersection of several legal domains, including intellectual property (IP) and data privacy. A clear grasp of these areas is critical to ensure that businesses can innovate without infringing on rights or breaching regulations.

Intellectual Property Challenges

IP rights are at the forefront of GenAI legal issues. Determining the ownership of AI-generated content poses unique challenges, as traditional IP laws were not designed with AI in mind. Businesses must navigate copyright, patents, and trademarks thoughtfully to protect their interests and respect others’ rights. In addition to ensuring content generated by GenAI models is not plagiarism, organizations must also take proactive steps to ensure the information they might include in or rely on for organizational content is accurate, factual, true, or otherwise not fictitious. At this time, human verification is the best means of ensuring this. 

Data Privacy and Protection

Data is the lifeblood of GenAI. Adhering to data protection regulations, such as the European Union (EU) General Data Protection Regulation (GDPR) and others, is paramount. Organizations must ensure that data used by GenAI tools is collected, processed, and stored in compliance with regulatory directives focused on safeguarding personal information and maintaining user trust. Ensuring such compliance requires utilizing solutions that can review and filter incoming and outgoing content for personal or private information and that limit access to sensitive information. 

Staying Ahead of Regulatory Changes

The legal landscape for GenAI is dynamic, with new regulations and guidelines emerging as understanding of the technology evolves, such as the recent EU Artificial Intelligence Act (EU AI Act) and directives from the U.S. government, such as the recent Executive Order on Safe, Secure, and Trustworthy AI. Staying informed and adaptable is key. Engaging with legal experts and participating in industry discussions can provide early insights into regulatory trends.

Conclusion

Navigating GenAI’s legal landscape requires a proactive, informed approach, supported by solutions that can ease the cognitive and administrative burdens of regulatory compliance and legal norms. The CalypsoAI security, enablement, and compliance platform is such a solution. Its customizable scanners review all traffic to and from GenAI models and redact or block content that is private, sensitive, confidential, or in violation of organizational acceptable use policies or external regulations. Policy-based access controls ensure that only the people who require access to private or sensitive information have the ability to see it. Deep visibility into model and user behavior provides insight around potential internal threats and malicious activity. 

By understanding the complexities that abound at the intersection of GenAI, IP, and data privacy laws, businesses can unlock the tremendous potential of these new technologies while mitigating legal risks. The future of GenAI is bright, especially for those ready to chart its legal contours with care and precision.

 

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