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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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Virginia State and Local Government Cybersecurity Partnering Workshop

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Virginia State & Local Government Cybersecurity Partnering Workshop
Join us for the Mason – NSF Virginia state and local government cybersecurity partnering workshop at the Virginia War Memorial in Richmond.

The workshop is a follow-on to the Virginia workshops we held in Richmond July 26, 2022, fall of 2017 and subsequent regional workshops.

Topics and discussion will include: ransomware update, cyber insurance, Commonwealth of Virginia update, CISA update, election security, K – 12, regional SOCs and new DHS and CISA funding opportunities amongst others.

No cost to register / attend – Lunch provided.

Who should attend: State and Local Government Administrators, IT and Cybersecurity Administrators, K-12 IT and Cybersecurity Administrators and Police and Emergency IT Managers

For more information: jauffret@gmu.edu

Hosts and Organizers: George Mason University and the National Science Foundation.

The workshop is part of the George Mason-National Science Foundation Cybersecurity City and County Cross Jurisdictional Collaboration project, having the goal of furthering U.S. city and county cybersecurity efforts by developing foundations and policies that enable and foster city and county cybersecurity partnerships.

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West Virginia Local and State Government Cybersecurity Partnering Workshop

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West Virginia Local and State Government Cybersecurity Partnering Workshop

Thursday, July 20th, 2023
9:30 a.m. – 4:00 p.m.
Days Inn Conference Center
350 Days Drive
Sutton, West Virginia 26601

Please join us for the West Virginia Local and State Government Cybersecurity Partnering Workshop

When: Thursday, July 20, 2023, 9:30am – 4:00 pm, Days Inn Conference Center, Sutton, WV

Who should attend: State and local government administrators, state and local IT and cybersecurity managers and staff, government election officials, County Clerks, election experts, police and emergency IT managers and SCADA systems experts (water, electricity, etc.)

Hosted by: West Virginia Office of Technology, West Virginia Secretary of State CIO’s Office, George Mason University

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Artificial Intelligence (AI) and the New CIO Leadership Conference

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From Generative AI Innovation to Policy and Economic Competitiveness with Industry Focus on Government, Medicine, Financial Services and Education

Monday, May 15th and Tuesday, May 16th, 2023
9:30 a.m. – 4:30 p.m. (both days)
(Registration opens at 9:00 a.m.)
George Mason Arlington Campus, 3351 Fairfax Drive, Arlington, Virginia

Join us for the George Mason University AI and CIO Leadership Conference, where industry leaders and experts will come together to explore the latest developments and opportunities in the rapidly evolving fields of Artificial Intelligence (AI) and Computational Intelligence (CI).

Don’t miss this exciting opportunity to learn from industry leaders and experts, network with peeps and gain valuable insights into the worlds of AI and CI. (Credit: ChatGPT)

In partnership with: George Mason Center for Assurance Research & Engineering and School of Business, International Academy of CIO, MS Program in Biomedical Science Policy and Advocacy and MS Program in Biohazardous Threat Agents & Emerging Infectious Diseases, Georgetown School of Medicine and the Emerging Technology Working Group.

Topics

  • Next Generation Technology – Generative AI and the Quantum Algorithms for AI
  • AI and Education
  • The Cybersecurity Challenge of AI
  • AI and Policy and Regulation
  • AI and Medicine
  • AI and Financial Services
  • Current Legal Cases, Intellectual Property, Ethics and AI
  • AI Governance
  • AI and Economic Competitiveness

Speakers

  • Shaukat Ali Khan, Global CIO, Aga Khan University and Hospitals in Asia, Africa and United Kingdom
  • Tom Anderson, Managing Partner, DataStrategi
  • Chayakrit Asvathitanont, Ph.D., Dean, College of Innovation, Thammasat University, Bangkok, THAILAND
  • J.P. Auffret, Ph.D., Director, Center for Assurance Research & Engineering, George Mason University
  • Andrew Beklemishev, Vice President, Commonwealth of Independent States Region, IDC, KAZAKHSTAN
  • Asif Kaba, Global Director Risk & Cyber Security Practice, TATA Consultancy Services (TCS)
  • Bob Ledig, Managing Director, Financial Technology & Cybersecurity Center
  • Ryan Leirvik, CEO, Neuvik Solutions
  • Eric Luellen, Ph.D. Chief Technology and Innovation Officer, Stealth Mode Startup
  • Jeff Matsuura, Of Counsel, Author, Alliance Law Group
  • Larry Medsker, Ph.D., Research Professor, Human – Technology Collaboration, George Washington University
  • Bob Osgood, Director, Digital Forensics, George Mason University
  • Eric Osterweil, Ph.D., Associate Director, Center for Assurance Research & Engineering, George Mason University
  • Oleg Petrov, Senior Digital Development Specialist, World Bank
  • Mark Rasch, Of Counsel, Kohrman, Jackson and Krantz
  • Abhishek Ray, Ph.D., Assistant Professor, Information Systems and Operations Management, School of Business, George Mason University
  • Anthony Rhem, Ph.D., CEO / Principal Consultant, A.J. Rehm and Associates
  • Gary Rinkerman, Partner, FisherBroyles LLP
  • Alexander Ryzhov, Ph.D., Professor, Head of Chair, Russia Presidential Academy of Public Administration (RANEPA)
  • Geoffrey Siwo, Ph.D. Research Assistant Professor, Department of Learning Health Sciences, University of Michigan Medical School
  • Angelos Stavrou, Ph.D., Professor, Electrical and Computer Engineering, Virginia Tech
  • Tomoko Steen, Ph.D., Director, Biomedical Science Policy and Advocacy Program, Georgetown University
  • Frank Strickland, Partner, aiLeaders
  • Jim Sullivan, Partner, Healthcare – Consulting & Services Integration, TATA Consultancy Services (TCS)
  • Jirapon Sunkpho, Ph.D., Vice Rector, Information Technology, Thammasat University, Bangkok, THAILAND
  • Kennedy Ukelegharanya, M.S., J.D. 2023, Wilson Sonsini Goodrich & Rosati
  • Tom Vartanian, Executive Director, Financial Technology & Cybersecurity Center
  • Lin Wells II, Executive Advisor, C4I and Cyber Center, George Mason University;  fmr. CIO, U.S. Department of Defense
  • Kevin Yin, Founder and CEO, Sitscape

Agenda

Day 1 – May 15th
  • 9:30 a.m.​ Welcome and Introductions and Agenda Overview
  • 9:40 a.m.​ Conference Opening
    – Mark Rasch, Of Counsel, Kohrman, Jackson and Krantz
  • 10:10 a.m.​ AI and the New CIO
    – Frank Strickland, Partner, aiLeaders
  • 10:40 a.m.​ BREAK
  • 11:00 a.m. AI and Leadership Panel Discussion
    – Frank Strickland,     Partner, aiLeaders,
    – Anthony Rhem, Ph.D., CEO, Rhem & Associates  
  • 11:30 a.m. Andrew Beklemishev, Vice, President, CIS, IDC
  • 12:00 noon LUNCH
  • 1:00 p.m. ​Current Legal Cases in AI
    – Jeff Matsuura, Of Counsel, Alliance Law
  • 1:30 p.m.​ AI and Data Analytics
    – Kevin Yin,     Founder and CEO, SitScape
  • 1:55 p.m. ​BREAK   
  • 2:15 p.m. AI and Medicine
    – Chair, Tomoko Steen, Ph.D., Director, Biomedical Science Policy and Advocacy program;  professor Microbiology and Immunology, Georgetown University Medical Center​
    – Eric Luellen, Ph.D. Chief Technology and Innovation Officer, Stealth Mode Startup
    – Geoffrey Siwo, Ph.D. Research Assistant Professor, Department of Learning Health Sciences, University of Michigan Medical School
    – Kennedy Ukelegharanya, M.S., J.D. 2023, Wilson Sonsini Goodrich & Rosati
    – J.P. Auffret, Ph.D., Director, Center for Assurance Research & Engineering, George Mason University
  • 4:00 p.m. AI and Cybersecurity
    – Eric Osterweil, Ph.D., Assistant Professor, Computer Science, George Mason,
    – Ryan     Leirvik, Neuvik Solutions, Ph.D., George Mason
  • 4:55 p.m.​ CLOSING
Day 2 – May 16th
  • 9:30 a.m.​ WELCOME
  • 9:30 a.m.​ Day 2 Opening Talk
    – Shaukat Ali Khan, Global CIO, Aga Khan University and Hospitals in Asia, Africa and United Kingdom
  • 9:55 a.m.​ AI and Medical Devices and Cybersecurity
    – J    ames Sullivan, Partner, Life Sciences / Healthcare – Consulting Services Integration, Tata Consultancy Services and Asif Kaba, Director, Risk & Cyber Strategy Consulting, Tata Consultancy Services
  • 10:50 a.m. ​BREAK  
  • 11:00 a.m.​ AI and Law Enforcement
    – Bob Osgood, Director, Digital Forensics, George Mason University
  • 11:25 a.m. ​Oleg Petrov, Senior Digital Development Specialist, World Bank
  • 11:50 a.m. ​AI and Financial Services
    – Tom Vartanian, Executive Director, Financial Technology & Cybersecurity Center and Bob Ledig, Managing Director, Financial Technology & Cybersecurity Center
  • 12:50 p.m. LUNCH  
  • 1:45 p.m. ​AI and Education
    –     Jirapon Sunkpho, Vice Rector for Information Technology, Thammasat University, THAILAND
    – Alexander     Ryzhov, Professor, Department Head, School of IT Management, RANEPA, RUSSIA
  • 2:40 p.m.​ AI and Criminal Networks
    – Abhishek Ray, Ph.D., Assistant Professor, Information     Systems and Operations Management, George Mason University
  • 3:05 p.m.​ BREAK
  • 3:10 p.m. AI and Ethics
    – Larry Medsker, Ph.D., Research Professor, Human – Technology Collaboration Lab, George Washington University;  Founding Co-editor AI and Ethics Journal (Springer); and Anthony Rhem, Ph.D., CEO, Rhem& Associates  
  • 4:00 p.m. ​AI and Intellectual Property
    – Gary Rinkerman, Partner, FisherBroyles
  • 4:25 p.m.​ AI and Quantum Computing
    – J.P.     Auffet, Ph.D., George Mason
  • 4:45 p.m.​ CLOSING

 

For questions regarding the Conference, please contact Dr. J.P. Auffret

Please RSVP: https://AICIOMay16.eventbrite.com

featured image (at top) courtesy of Midjourney AI

Hosted by:
About the Center for Assurance Research & Engineering (CARE) at College of Engineering and Computing at George Mason University

Mason’s College of Engineering and Computing hosts the Center for Assurance Research & Engineering Center (CARE). CARE’s multidisciplinary approach to cybersecurity encompasses the fields of technology, policy, business and leadership. Through partnerships with government and private industry, innovative research is translated into practices and policies used in real-world settings. Research includes security for distributed systems, mobile apps/devices, industrial control systems, and new technologies such as networked medical devices, as well as policies development for securing critical infrastructure and guidance for cybersecurity leadership/governance. For more information, please visit care.gmu.edu.

About the International Academy of CIO (IAC)

The IAC or International Academy of CIO was founded in 2006 in Japan by co-founders including Japan, USA, Indonesia, Philippines, Switzerland and Thailand. The IAC members, partnerships and alliances now span all regions with economies such as China, Cambodia, Netherlands, India, Korea, Laos, Hong Kong, Macao, Peru, Singapore, South Africa, Nigeria, Taiwan, United Kingdom, Vietnam, Italy, Russia, Kazakhstan and Uzbekistan. The IAC has active participation from more than 50 countries and partners with NGOs and multilateral organizations including APEC, OECD and ITU. For more information, please go to: www.iacio.org.

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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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News

Escalating Cyber Threats to U.S. Financial System Conference – In person and virtual

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Escalating Cyber Threats to the U.S Financial System: Time to Think Outside the Box Conference – Offered in person and virtually

May 4, 2023, 1:00 p.m. – 5:30 p.m. (Eastern)

In-Person, Van Metre Hall, George Mason University, Arlington, Virginia and via Zoom Webinar

Join Mason’s Center for Assurance Research and Engineering (CARE), the Financial Technology & Cybersecurity Center (Center), Mason’s School of Business, and a host of experts for an executive roundtable discussion on the cybersecurity challenges facing the financial services sector and the solutions that should be pursued.

The increasing number of cyber incursions demonstrates the vulnerabilities of digital technologies and an internet that was not created to be a secure network. There are options for overcoming these increasing vulnerabilities and protecting the financial system. Hear experts discuss current and upcoming issues in cybersecurity and the financial system including:

Agenda

  • Financial system innovation and challenges of cybersecurity
  • Geopolitics and national motivations for financial system innovation and development
  • Crime and criminal enterprises and the financial system
  • Role of multilateral institutions such as the IMF and World Bank
  • New web concepts to decentralize and segregate financial system critical infrastructure
  • Government initiatives to work with private industry
  • More secure software, hardware and systems
  • The path to global consensus
  • The cybersecurity alternatives that financial services companies are developing

Our faculty will be moderated by cybersecurity experts:

  • Dr. Jean-Pierre Auffret, George Mason University’s Director, Research Partnerships, School of Business; Director, Center for Assurance Research and Engineering (CARE), College of Engineering & Computing
  • Thomas P. Vartanian, Executive Director of the Financial Technology & Cybersecurity Center

Dr. Ajay Vinzé, Dean of Mason’s School of Business, will provide opening remarks for the program
Brian Peretti, Director, Domestic and International Cyber Policy, Office of Cybersecurity and Critical Infrastructure Protection, U.S. Department of Treasury, will make Keynote Remarks

Cybersecurity Experts include:

• Stewart Baker, Of Counsel, Steptoe
• Emily Beam, Senior Vice President, Cyber Risk Institute
• John Carlson, Vice President, Cybersecurity Regulation and Resilience
American Bankers Association
• Dr. Robert Coles, Head of Security Strategy, D S Smith, Former Chief Information Security Officer – Merrill Lynch, National Grid, GlaxoSmithKline
• Steve Crocker, CEO and co-founder, Shinkuro
• James Dever, Cofounder and Principal, Lockhaven Solutions LLC; formerly U.S. Air Force Professor of Cyber Warfare
• John Geiringer, Barack Ferrazzano Kirshbaum & Nagelberg LLP
• Adam Golodner, Managing Partner, AMG Global Cyber Law, PLLC, CEO, Vortex Strategic Consulting, Co-Chair, Trusted Future
• Murray Kenyon, Cybersecurity Partnership Executive, U.S. Bank
• Jenny Menna, Vice President, Threat Management and Response, Humana
• Lisa Quest, Partner, Co-Head of the Public Sector and Policy Practice, Europe, Oliver Wyman, Co-author, Digital Trust: How Banks Can Secure Our Digital Identity;
Joint Report with the International Banking Federation
• Craig Schwartz, Managing Director, fTLD Registry -.Bank
• Marilyn Smith, IT Consultant, Former Chief Information Officer – George Mason University, Massachusetts Institute of Technology
• Scott Volmar, CEO, Intercomputer Network Corp

More event information:
 There is no charge to attend the program either in person or via webinar.
 Please feel free to share this invitation with your colleagues.

Hosted by

George Mason University‘s Center for Assurance Research and Engineering, Financial Technology & Cybersecurity Center and the School of Business

Mason’s College of Engineering and Computing hosts the Center for Assurance Research & Engineering Center (CARE). CARE’s multidisciplinary approach to cybersecurity encompasses the fields of technology, policy, business and leadership. Through partnerships with government and private industry, innovative research is translated into practices and policies used in real-world settings. Research includes security for distributed systems, mobile apps/devices, industrial control systems, and new technologies such as networked medical devices, as well as policies development for securing critical infrastructure and guidance for cybersecurity leadership/governance. For more information, please visit care.gmu.edu.

The Financial Technology & Cybersecurity Center is a nonprofit organization that brings together financial services professionals, regulators, trade association representatives, consumer group representatives, counsel and advisors to discuss, debate, and advocate in regard to financial technology and cybersecurity issues and their regulation. For more information about the Center and to sign up to hear about future events and projects visit www.fintsc.org.

For questions regarding the program, please contact Dr. JP Auffret at jauffret@gmu.edu or Phone at 703-993-5641 or Robert Ledig, FTCC Managing Director at rledig@fintsc.org.