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The October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Is It Making Your Intellectual Property More Secure?

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ABSTRACT

The recent Biden White House Executive Order on artificial intelligence is a sweeping attempt to assess, monitor, regulate, and direct developments in this important area of technological growth.  However, while the Order contemplates massive and thorough (arguably intrusive) collections of information, including information that will be trade secret and otherwise commercially valuable, it does not specifically address the issue of how better to ensure that government officials, employees, agents, and contractors have proper training to make sure that third-party proprietary rights in that information are preserved and the information is not “leaked” or otherwise improperly published by those acting under color of federal authority.  In addition, while the Order seeks information to better assess the refusal by the U.S. Copyright Office and the U.S. Patent Office to afford protection to matter created wholly by artificial intelligence, there is a lack of specific direction on the potential need to alter these positions or focus on developing – at the federal or state levels – new forms of intellectual property protection for such matter.

AUTHOR

Gary Rinkerman is an attorney whose practice includes intellectual property litigation, transactions, and counseling. He  is an Honorary Professor of U.S. Intellectual Property Law at Queen Mary University in London, UK and also a Senior Fellow at the Center for Assurance Research and Engineering (‘CARE’) in the College of Engineering and Computing at George Mason University in Virginia. For those interested in ‘digital archeology,’ Mr. Rinkerman, as a Senior Investigative Attorney for the U.S. International Trade Commission, successfully argued one of the first cases in which copyright in object code was enforced. He also co-founded and served as Editor-in-Chief for Computer Law Reporter, one of the first legal publications (in the 1980s) to focus exclusively on law and computer technologies. This article should not be considered legal advice. The presentation of facts and the opinions expressed in this discussion are attributable solely to the author and do not necessarily reflect the views of any firms, persons, organizations or entities with which he is affiliated or whom he represents.

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J.P. Auffret joins Global CIO Insights conference as speaker on plenary panel on AI Implementation: Value for Business

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Global CIO Insights: Digital Transformation with AI” digital conference hosted by Global CIO of Tashkent, Uzbekistan.   Dr. J.P. Auffret was part of the discussion on “AI Implementation: Value for Business

For more information on the conference, click here

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Selected Intellectual Property Aspects of the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

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ABSTRACT

The proliferation of AI tools in the arts, commercial design industries, and other endeavors has raised core questions regarding who or what actually supplied the alleged creative or inventive elements, if any, to the AI system’s output. In both U.S. copyright and patent law the question focuses on a case-by-case analysis as to how much of the final product evidences human “authorship” or invention. Also, creativity as well as infringement, can be located in various phases of the AI system’s creation, ingestion of training materials, management, and operation – including its output, whether affected prior to the output or after it. Issues such as liability for selecting ingestion materials or target data, as well as the potential inadvertent triggering of patent law’s bar date through use of specific AI systems, have also come to the forefront of AI’s potential to secure, forfeit, or impact claimed proprietary rights in AI-assisted creative and inventive activities. Several alternative intellectual property and unfair competition approaches that can supplement or supplant copyright and patent law principles also come into play as users of AI seek to protect the products of their efforts.

AUTHOR

Gary Rinkerman is a partner at the law firm of FisherBroyles LLP, an Honorary Professor of U.S. Intellectual Property Law at Queen Mary University in London, and a Senior Fellow at the Center for Assurance Research and Engineering (“CARE”) in the College of Engineering and Computing at George Mason University, Virginia. For those interested in “digital archeology,” Professor Rinkerman also successfully argued one of the first cases in which copyright in object code was enforced and he co-founded and served as Editor-in-Chief for Computer Law Reporter, one of the first legal publications (in the 1980s) to focus exclusively on law and computer technologies. This article should not be considered legal advice. The presentation of facts and the opinions expressed in this article are attributable solely to the author and do not necessarily reflect the views of any persons, organizations or entities with which he is affiliated or whom he represents. The author would also like to thank J.P. Auffret, Director of CARE, for his continuing support and for his expertise in the frontier areas of Artificial Intelligence.

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J.P. Auffret speaks at Health Talk Summit, Pakistan

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Dr. J.P. Auffret, Director, CARE, joins the Health Tech Summit organized by Aga Khan University and Hospitals on December 7th, 2023 for a discussion on Round Table 2: Unlocking the Power of Emerging Technologies for Next-Level Capabilities.

For more information on the Health Tech Summit and the agenda, please visit this link

As a result of this summit, the conference organizers recommended the following three suggestions to the Prime Minister, which were accepted and will be enacted.

  1. The creation of a Prime Minister’s Technology Council, composed of leading professionals in Pakistan as well as international experts;
  2. The creation of a think tank whose mandate would be to develop policies that ensure the development and retention of highly skilled professionals within Pakistan;
  3. The implementation of an Electronic Health Record system shared across all Government hospitals.

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Supreme Court Case: Andy Warhol Foundation vs Goldsmith

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On May 18, 2023, the U.S. Supreme Court issued its opinion in Andy Warhol Foundation For The Visual Arts, Inc. v. Goldsmith. The case is very significant because it helps to define the scope and proper application of  “the fair use doctrine” in U.S. copyright law.   The opinion has also stirred a lot of debate about its potential applicability to AI systems, especially their training sets and outputs.  For example, in a recent panel discussion hosted by the U.S. Copyright Office, a number of participants asserted that the Warhol case mandates that the unauthorized ingestion of third-party copyrighted materials will not fall under the copyright law’s fair use doctrine.  However, the debate on this issue is robust and ongoing.

The link below is to an article in which Gary Rinkerman, a CARE Senior Fellow, is quoted regarding the general impact of the Warhol case.  Gary is also part of CARE’s study of AI systems’ Terms of Use and security implications, and he has provided “best practices” to companies dealing with AI, alone and in combination with open source ingestion materials.  

Did the Supreme Court’s Warhol Decision Further Complicate Copyright Law? Experts Weigh in on the Ruling’s Ramifications

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Artificial Intelligence and Evolving Issues Under U.S. Copyright and Patent Law

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ABSTRACT

The proliferation of AI tools in the arts, commercial design industries, and other endeavors has raised core questions regarding who or what actually supplied the alleged creative or inventive elements, if any, to the AI system’s output. In both U.S. copyright and patent law the question focuses on a case-by-case analysis as to how much of the final product evidences human “authorship” or invention. Also, creativity as well as infringement, can be located in various phases of the AI system’s creation, ingestion of training materials, management, and operation – including its output, whether affected prior to the output or after it. Issues such as liability for selecting ingestion materials or target data, as well as the potential inadvertent triggering of patent law’s bar date through use of specific AI systems, have also come to the forefront of AI’s potential to secure, forfeit, or impact claimed proprietary rights in AI-assisted creative and inventive activities. Several alternative intellectual property and unfair competition approaches that can supplement or supplant copyright and patent law principles also come into play as users of AI seek to protect the products of their efforts.

AUTHOR

Gary Rinkerman is a partner at the law firm of FisherBroyles LLP, an Honorary Professor of U.S. Intellectual Property Law at Queen Mary University in London, and a Senior Fellow at the Center for Assurance Research and Engineering (“CARE”) in the College of Engineering and Computing at George Mason University, Virginia. For those interested in “digital archeology,” Professor Rinkerman also successfully argued one of the first cases in which copyright in object code was enforced and he co-founded and served as Editor-in-Chief for Computer Law Reporter, one of the first legal publications (in the 1980s) to focus exclusively on law and computer technologies. This article should not be considered legal advice. The presentation of facts and the opinions expressed in this article are attributable solely to the author and do not necessarily reflect the views of any persons, organizations or entities with which he is affiliated or whom he represents. The author would also like to thank J.P. Auffret, Director of CARE, for his continuing support and for his expertise in the frontier areas of Artificial Intelligence.

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Directions to the Mason Cybersecurity Innovation Forum

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George Mason Cybersecurity Innovation Forum
Wednesday, December 7th, 2022
7:00 p.m. - 9:00 p.m.

LOCATION

Mason FUSE Pilot Space
Vernon Smith Hall - Plaza Level
3434 Washington Boulevard
Arlington, Virginia

The Mason FUSE Pilot Space is at the front of Vernon Smith Hall (3434 Washington Boulevard).
If you’re entering from Washington Boulevard, go up the stairs, enter the building and the space is just on the right.

Vernon Smith Hall

PARKING

Please find below three options (with maps).

Van Metre Parking Garage

Park in the Van Metre Parking garage (usual parking garage, enter via N Kirkwood Road – The entrance is located on Founders Way North, located behind Van Metre Hall off Kirkwood Road. To access the Van Metre Hall garage, use the alley behind Van Metre Hall, turning off Kirkwood Drive behind Hazel Hall), exit the elevators by Au Bon Pain (main floor), and then make your way to the other building *Vernon Smith* to the parking garage using the “bridge”. Go to the elevator bank in that building’s parking garage, go to P (plaza or lobby level)

The FUSE Pilot Space is a short staircase up from the street level of 3434 Washington Boulevard.

Vernon Smith Parking Garage

From Washington Boulevard, enter via Founders Way and go to P level.  Founders Way is just after Giant supermarket.

St. Charles Catholic Church

Street parking on Fairfax Dr near St. Charles Catholic Church

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Important Internet security service now housed in the Mason College of Engineering and Computing

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This fall, George Mason University will become the new home of one of the Internet’s venerable monitoring and measurement services: the Domain Name System Security Extensions (DNSSEC) Deployment Maps. This service plays a prominent role in chronicling the evolution of a critical part of Internet security and has been under the stewardship of the Internet Society (ISOC) since 2014. The maps were originally developed by Shinkuro, Inc. with sponsorship by the Department of Homeland Security (DHS). The transition to Mason is being facilitated with sponsorship from the Internet Society, The Internet Corporation for Assigned Names and Numbers (ICANN), and Verisign, Inc.

Eric Osterweil, Assistant Professor in the Mason Department of Computer Science in the College of Engineering and Computing, has been instrumental in bringing the deployment maps to Mason, reaching an agreement to host it at Mason’s Center for Assurance Research and Engineering (CARE, directed by J.P. Auffret) and the Measurable Security Lab (MSL) in the Computer Science department. “We are excited to provide a new home for this important activity,” Osterweil says. “People all over the world access the deployment maps and will now associate them with Mason.”

The deployment maps service tracks how DNSSEC has been deployed worldwide for top-level domains and has been a staple of the Internet security community for years. With almost 17 years of deployment, the maps database is fertile ground for conducting basic research and connecting students with real operational cybersecurity issues. Osterweil notes that the security DNSSEC provides to Internet users is incredibly essential, even if in the background. “The average person will never know about DNSSEC. It’s a lot like saying, ‘What’s the formula of the asphalt I drive on?’ It’s really important, but not important that I have any idea about it.”

DNS is the Internet’s de facto name-mapping system, translating domain names (like gmu.edu) into IP addresses and other identifiers. However, data from the DNS is not inherently secure, as “the IP address of a DNS response can be easily forged, or spoofed,” according to ICANN. DNSSEC enhances DNS with authentication protections, using public-key cryptography, so users can be confident that website visits and emails connect them to entities they want to reach. DNSSEC prevents attacks like cache poisoning and domain redirection, which can result in fraud, malware distribution, and theft of personal, confidential information.

“Internet administrators and researchers anywhere in the world receive weekly email summaries of the current DNSSEC deployment. New services will be added when the system is fully transitioned to George Mason,” says Osterweil. The maps are used by the Internet operations, standards, and policy communities as a resource for the current (and past) state of deployment. “We really want to take the deployment maps service and evolve it into an observatory for this critical infrastructure.” As part of the transition to Mason, Osterweil is establishing an external advisory board, composed of industry stalwarts and chaired by Stephen Crocker (an inductee into the Internet Hall of Fame, author/editor of RFC 1, and founding chair of the ICANN Security and Stability Advisory Committee, SSAC), to help steer and evolve the service. With their cooperation, the deployment maps will be evolved and integrated into a new holistic Internet Namespace Security Observatory in CARE at Mason.

“We are glad that George Mason University is taking on this important work,” said Dan York, director of online content at the Internet Society. “The maps have been a useful way to track the state of DNSSEC deployment over many years. We look forward to seeing how GMU evolves and improves the maps further.”

Osterweil is in talks with multiple industry partners and traditional sources to help support research using the Deployment Maps. Further, he is planning to leverage the service for its research value and use it to enhance teaching, as well as a hands-on experience for student researchers.  “Analyses of historical datasets of critical infrastructure like DNSSEC are critical in understanding large-scale events and behaviors.  The Internet Namespace Security Observatory will synthesize measurable properties of Internet naming systems (such as DNS, DNSSEC, DANE records, etc.) and provide measurable telemetry to evaluate how well dependent systems, protocols, and users are able to validate security protections.”

Osterweil and colleagues announced the transition of the maps publicly at the ICANN’s 74 meeting in The Hague, Netherlands in June.

Founded in 1992 by Internet pioneers, the Internet Society is a global non-profit organization working to ensure the Internet remains a force for good for everyone. Through its community of members, special interest groups, and 130+ chapters around the world, the organization promotes Internet policies, standards, and protocols that keep the Internet open, globally-connected, and secure.

The College of Engineering and Computing at George Mason University is a fast-growing force for innovation in technology and education. The college boasts over 10,000 students in two schools, 37 undergraduate, master’s, and doctoral degree programs, including several first-in-the-nation offerings. As part of a nationally ranked research university, its research teams earned more than $61 million in sponsored research awards in the last 12 months. Located in the heart of Northern Virginia’s technology corridor, the college stands out for its focus on emerging areas including big data, cybersecurity, healthcare technology, robotics and autonomous systems, artificial intelligence and machine learning, signals and communications, and sustainable infrastructure.

ICANN’s mission is to help ensure a stable, secure, and unified global Internet. To reach another person on the Internet, you need to type an address – a name or a number – into your computer or another device. That address must be unique so computers know where to find each other. ICANN helps coordinate and support these unique identifiers across the world. ICANN was formed in 1998 as a nonprofit public benefit corporation with a community of participants from all over the world.

Verisign, a global provider of domain name registry services and Internet infrastructure, enables Internet navigation for many of the world’s most recognized domain names. Verisign enables the security, stability, and resiliency of key Internet infrastructure and services, including providing root zone maintainer services, operating two of the 13 global Internet root servers, and providing registration services and authoritative resolution for the .com and .net top-level domains, which support the majority of global e-commerce. To learn more about what it means to be Powered by Verisign, please visit verisign.com.

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Mason – NSF Virginia Local and State Government Cybersecurity Partnering Workshop, Richmond VA, July 26th

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CAR Technology Entrepreneurship & ICT Leadership Accelerator Lecture Series

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