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Will an FTC Investigation Signal a New Era of Scrutiny for Generative AI?

July 19, 2023

Peter Schildkraut, co-leader of the Technology, Media & Telecommunications industry team, was featured in the Legaltech News ( article "For Many Lawyers, the FTC's OpenAI Investigation Is Only the Beginning." The story discusses a recent Federal Trade Commission (FTC) investigation into the prominent tech startup that might potentially shift the landscape for generative AI companies and organizations utilizing these tools.

Schildkraut stressed that businesses must implement tailored AI risk-management programs in response to the government's heightened emphasis on investigating and enforcing AI-related laws. Schildkraut also noted that some of the FTC's public warnings about AI technology have been "quite aggressive" given its longstanding policy on what constitutes unfairness. He suggested courts might rein in the agency if it goes too far.

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