On August 17, Justin Pierce, Meaghan Kent, Eric Prager, and Ryan Ward published a Q&A overview of artificial intelligence laws and regulations in the United States with Legal 500. The following is an excerpt:
What is the legal definition of “artificial intelligence” in your jurisdiction, if any? If no definition exists, how do regulators or courts typically describe artificial intelligence?
The National Artificial Intelligence Initiative Act of 2020, 15 U.S.C. § 9401(3), defines artificial intelligence (AI) as “a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to (A) perceive real and virtual environments; (B) abstract such perceptions into models through analysis in an automated manner; and (C) use model inference to formulate options for information or action.” This definition has been used and referenced (sometimes with context-specific additions) in other proposals, laws, and executive orders since then. Executive Order 14179 (Jan. 23, 2025), titled “Removing Barriers to American Leadership in Artificial Intelligence,” expressly retains the same statutory definition, providing that “‘artificial intelligence’ or ‘AI’ has the meaning set forth in 15 U.S.C. 9401(3).” Apart from implementation of the National Artificial Intelligence Initiative Act (and other laws that expressly adopt this definition), the definition is not necessarily binding on courts or intellectual property offices like the U.S. Patent and Trademark Office.
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