UK AI Regulation Bill

UK AI Bill to regulate AI

A private members Bill introduced into the UK House of Lords entitled the Artificial Intelligence (Regulation) Bill [HL] is an example of a model agile law to regulate AI. It may provide a roadmap as to how to improve AIDA, a draft law that is part of Bill C-27 and widely acknowledged to be flawed.

Like AIDA, it permits a Minister, the Secretary of State, to enact regulations to govern AI systems. However, the regulations are backstopped by a mechanism to maintain Parliamentary sovereignty over the regulatory process that requires the most important regulations to be to laid before and approved by resolution of both Houses of Parliament.…

Minister Champagne and AIDA

Government proposals to amend AIDA: the challenges ahead Part 2

AIDA has been subject to widespread and sustained criticisms. I summarized many of them in my blog posts AIDA’s regulation of AI in Canada: questions, criticisms and recommendations and AIDA Companion Document: overview and questions (my “prior blog posts”). But, there have been many others who have similarly criticized AIDA including Prof. Scassa, Prof. Geist, Bianca Wylie (member of the advisory boards for the Electronic Privacy Information Centre (EPIC), The Computational Democracy Project and senior fellow at the Centre for International Governance Innovation), by many organizations and individuals in an open letter to the Minister, and by witnesses before the INDU Committee studying Bill C-27.…

Barry Sookman Copyright Lawyer

Five Tech Cases Everyone Needs to Know – SOCAN v CAIP

The Supreme Court decision in SOCAN v CAIP was a landmark copyright decision that broke new ground on the liability (or immunities) of ISPs for copyright infringement in Canada and in formulating the territorial scope of the Copyright Act.

If you want to know more, you will want to listen to the podcast hosted by Connor Bildfell and my interview with him on the case. You may also be interested in the case comment I published on the case which can be accessed here.…

Minister Champagne and AIDA

Government proposals to amend CPPA and AIDA: the good, the bad, and the challenges ahead Part 1

In response to criticisms about Bill C-27, the Digital Charter Implementation Act, 2022, and especially criticisms related to AIDA, the Government disclosed amendments it proposes to make while the Bill is before the INDU Committee. This blog focuses on the proposed amendments and, in particular, the areas where the Minister’s proposed amendments have helped to move the Bill in the right direction or have failed to address or failed adequately to address criticisms of the Bill.

I first provide some background explaining the genesis of the amendments and then provide an analysis of the amendments.…

Copyright and generative AI

Canadian consultation on the implications of GenAI for copyright.

The Department of Innovation, Science and Economic Development Canada (ISED) and the Department of Heritage just launched a Consultation on the implications of generative artificial intelligence for copyright.

The press release announcing the consultation gave this reason for the consultation.

The Government of Canada is committed to ensuring that Canada’s legislative frameworks remain responsive to modern realities. That is why the government proposed the Artificial Intelligence and Data Act, as part of Bill C-27, and continues to consider how other legislative frameworks may need to be updated to address the changing technological landscape, including the rapid advancement of artificial intelligence (AI) technologies.

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Google search engines and privacy

Legality of search engines and AI systems under PIPEDA and CPPA: Google v Privacy Commissioner

The Federal Court of Appeal just released an important opinion in Google LLC v. Canada (Privacy Commissioner) 2023 FCA 200, holding that Google cannot rely on the journalistic exception in PIPEDA to operate legally in Canada. The decision is a frustrating one because it fails to resolve whether PIPEDA’s restrictions on Google and other search engines are consistent with the Charter and if not, how search engines and artificial intelligence systems can operate legally in Canada. These important questions are unlikely to be resolved soon under the OPC’s ill conceived reference process.…

All In AI Event Sookman Keynote speech

AI, Copyright + the Wisdom of Experience: my keynote speech at All In

I had the pleasure earlier this week to speak at the All In AI Event in Montreal. This was a premiere 2 day event described as “The most important event dedicated to Canadian AI”. The programming was truly sensational featuring the “whose who” of Canadian AI with a wide range of topics including a series on responsible AI, and AI and its impacts on cultural diversity.

The event was led off by several prominent politicians including ISED Minister François-Philippe Champagne who announced the Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems.…

Voltage copyright infringement

Internet account holders not liable for copyright infringement of their users: Voltage v Doe

Overview

In a proceeding before the Federal Court Voltage sought a default judgment against Internet subscribers for copyright infringement. Voltage argued that individuals who receive notices under the Copyright Act Notice and Notice Regime can be found liable for infringement as direct infringers or for authorizing infringement merely because their accounts were allegedly used to commit acts of infringement. Voltage’s motion for default judgement was dismissed by Furlanetto J. This decision was just affirmed by the Federal Court of Appeal in Voltage Holdings, LLC v.…

Open AI motion to dismiss

OpenAI comes out swinging in motions to dismiss copyright class action claims

OpenAI and Meta came out swinging in defense of several suits claiming their AI products infringe copyright and other rights. While these defendants are leaving to another day the legality of using copyright books for training their AI systems, they have clearly telegraphed the thrust of their defenses.

In OpenAI’s motion to dismiss the Tremblay class action, usurpingly, it highlights the fair use defense.

At the heart of Plaintiffs’ Complaints are copyright claims. Those claims, however, misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.

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IPO Boston 2023

AI
Copyright

Generative AI and copyrights: My talk to the IPO

I was pleased earlier today to participate on a panel on generative AI and copyright at the 2023 Annual Meeting of the Intellectual Property Owners Association (IPO) in Boston.

My co-panelists were Professor Jessica Silbey (Boston University), Troy Prince (Raytheon Technologies), and Edward Ryan (Tutunjian & Bitetto P.C.). The moderator was Jenevieve Maerker (Finneganm Henderson).

Our talk was preceded by a keynote talk by Shira Perlmutter (Registrar of the U.S. Copyright Office) on AI and copyright.

My talk focused on international perspectives.…

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