DHS Playbook for Public Sector GenAI Deployment – Insights for the Private Sector

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In January 2025, the Department of Homeland Security (DHS) released its “Playbook for Public Sector Generative Artificial Intelligence Deployment” (the “Playbook”). The Playbook provides valuable insights and actionable steps that can be adapted by the private sector looking to leverage generative artificial intelligence (“GenAI”) technologies.1 The Playbook was drafted under the Biden administration, and may be changed to align with the policy views of the Trump administration. Nevertheless, the Playbook’s recommendations are relevant and helpful. This blog post summarizes key aspects of the Playbook and offers takeaways for the private sector.

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EU Artificial Intelligence Act – Legislation Adopted by the European Council

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The long-awaited European Union Artificial Intelligence Act (the AI Act) is nearing implementation following its adoption by the European Council yesterday (21 May 2024). This signals the completion of the final major stage of the European Union (EU) legislative process and the AI Act is expected to enter into force imminently. We considered the impact of this legislation in detail in our previous article: EU Artificial Intelligence Act — Final Form Legislation Endorsed by European Parliament.

The only remaining formalities are the signature of the President and Secretary-General of the European Parliament and Council and publication in the Official Journal, which is expected to happen in the coming days. The AI Act will enter into force 20 days after this takes place. The AI Act will become fully applicable 24 months after its entry into force (June 2026). However, some provisions will apply before that date.

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UK and US Announce Partnership on Science of AI Safety

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On 1 April 2024, the UK and US signed a memorandum of understanding on the science of AI safety. This partnership is the first of its kind and will see the two countries work together to assess risks and develop safety tests for the most advanced AI models.

Following their announcement of cooperation at the AI Safety Summit in Bletchley Park last November, the UK and US have formally agreed to align their scientific approaches to AI safety testing, with plans to perform at least one joint testing exercise on a publicly accessible model. The partnership will take effect immediately and will see the two countries work together to tackle the safety risks posed by next-generation versions of AI. The agreement will facilitate collaboration between the UK AI Safety Institute (formed last November) and the US AI Safety Institute (which is still in its initial stages) and will include the sharing of vital information and research on the capabilities and risks associated with AI systems, together with the exchange of expertise through researcher secondments between the institutes.

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UK Supreme Court Rules that AI cannot be an ‘Inventor’ Under UK Patent Law

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In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law. The ruling concludes a series of appeals from Dr Stephen Thaler and his collaborators, who argued that an AI system called ‘DABUS’ should be named as the inventor of two new inventions generated autonomously by it relating to food and beverage packaging and light beacons. This was part of a series of test cases, which have had limited success globally, seeking to establish that AI systems can make inventions and that the owners of such systems can apply for and secure the grant of patents for those inventions. The judgment noted that the broader questions of whether an invention generated autonomously by AI ought to be patentable, or whether the meaning of the term ‘inventor’ should be expanded to include machines powered by AI, were matters of policy that would need to be addressed by legislation.

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UK AI Regulation Bill Proposes New AI Regulator

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While the focus of attention in the world of AI has been the EU AI Act: EU AI Act Agreed – Discerning Data in recent weeks, there have also been some other noteworthy legislative developments. On 22 November 2023, the Artificial Intelligence (Regulation) Bill (the “Bill”) was introduced to the UK Parliament and passed the first reading in the House of Lords. The Bill seeks to establish a central AI authority (“AI Authority”) to oversee the UK’s regulatory approach to AI. The proposal for an AI Authority comes after the UK Government formally announced a UK AI Safety Institute at the global AI Safety Summit at Bletchley Park (summarised here).

Whilst the Bill largely reflects the approach of the UK Government, this is a Private Members’ Bill (“PMB”). PMBs are legislative proposals introduced into one of the UK Houses of Parliament by ‘backbench’ members (members who are not Government Ministers). Most PMBs fail to pass unless the UK Government steps in to support their progress through the legislative process.

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EU AI Act Agreed

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Late on Friday (December 8th), the European Union Commission, Parliament and Council concluded its “trilogue” negotiations for the EU Artificial Intelligence Act. The summary below is based on the information available to date. It will be some time before the definitive text is finalized and released since it will have to go through various committee stages and its legal language finalized in multiple languages.

Prohibited AI Applications

The following applications of AI will be prohibited:

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