Bill Tanenbaum and Greg Silberman of Kilpatrick Townsend & Stockton discuss the privacy risks arising from Generative AI, increased malware attacks, and privacy regulatory regimes as applied to AI. Bill and Greg also discuss whether regulations resulting from the Biden administration’s AI Executive Order will establish best AI privacy practices that will be used in the private sector. Greg explains how EU AI Act rules are based on a hierarchy of risks and how algorithmic disgorgement has been used as a remedy for privacy failures. He also explains what differential privacy is and how it allows for the collection of sensitive data that is then removed from a data analysis of the information.

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