GPT, GDPR, AI Act: How (not) to regulate "generative AI"?
Monday, April 24, 2023 | 12:00 - 20:00
NYU Law, Vanderbilt Hall, 40 Washington Square South, Greenberg Lounge

How to regulate “generative AI” is now a major question across the world. The Italian Data Protection Authority’s orders against OpenAI’s operations of ChatGPT in Italy highlighted tensions between the EU’s General Data Protection Regulation (GDPR) and generative AI infrastructures trained on massive datasets involving both personal and non-personal data. The emergence of generative AI infrastructures has led to rethinking in the EU’s proposed Artificial Intelligence Act (AIA), which aims for comprehensive, risk- and product safety-based AI regulation. National agencies including the Cyberspace Administration of China (CAC) are exploring new regulatory measures in this area. In regulation, licensing, contracts, and litigation, the allocation of risk and responsibilities along the generative AI supply chain is vigorously in contention. The rapidly evolving regulatory discourse surrounding generative AI brings new valence to wider debates about concentration of infrastructural and platform power, safety, (non)alignment, responsibility, and their implications for competition, innovation, and socio-technological development. This conference brings together scholars, practitioners, public interest advocates, industry representatives, and policy-makers who are facing these questions daily in various contexts and at different scales.

This event has been approved for 4.5 New York State CLE credits in the category of Areas of Professional Practice and 2 New York State CLE credits in the category of Cybersecurity, Privacy and Data Protection (General). The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys.

This event is in-person only.

12:00-13:00 Networking lunch: How does “generative AI” work?
David Stein, NYU Law, Guarini Global Law & Tech and Information Law Institute

13:00-14:00 How should lawyers think about “generative AI”?
Benedict Kingsbury, NYU Law
Catherine Sharkey, NYU Law
David Stein, NYU Law, Guarini Global Law & Tech and Information Law Institute

14:15-15:15 Is “generative AI” compatible with data protection and privacy law?
Gabriela Zanfir-Fortuna, Future of Privacy Forum
Marc Rotenberg, Center for AI and Digital Policy
Esha Bhandari, ACLU
Scott Loughlin, Hogan Lovells

15:30-16:30 How to allocate risk, rights, and responsibilities along the “generative AI” supply chain?
Anna Gressel, Debevoise
James Grimmelmann, Cornell Tech
Thomas Streinz, NYU Law, Guarini Global Law & Tech

16:45-17:45 Will “generative AI” entrench infrastructural power and impair competition?
Angelina Fisher, NYU Law
Kevin Fodouop, NYU Law
Shaoul Sussman, FTC
Sarah West, AI Now

18:00-19:00 Keynote: The EU’s Digital Decade

His Excellency Ambassador Stavros Lambrinidis, Ambassador of the European Union to the United States
Fireside chat with J. H. H. Weiler, University Professor, Joseph Straus Professor of Law, European Union Jean Monnet Chaired Professor, Co-Director, Jean Monnet Center for International and Regional Economic Law and Justice

Co-sponsored by the European Legal Society (EULS), the Jean Monnet Center for International and Regional Economic Law & Justice, and the Guarini Colloquium: Regulating Global Digital Corporations.

19:15-20:00 How to coordinate “generative AI” regulation transnationally?
Gráinne de Búrca, NYU Law
Marc Rotenberg, Center for AI and Digital Policy
Angela Zhang, University of Hong Kong [joining remotely]
Yirong Sun, NYU Law, Guarini Global Law & Tech

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