ARTIFICIAL INTELLIGENCE, TRADE SECRETS, AND THE CHALLENGE OF TRANSPARENCY
Artificial intelligence (“AI”) systems can operate in ways that their designers may not fully understand. This creates a series of important questions regarding trade secrets. This Article argues that AI system designers should be able to hold trade secret rights in AI algorithms even when they are unable to articulate how those algorithms operate. However, to assert a misappropriation claim, trade secret owners must be able to acquire information enabling them to describe the algorithm at issue in sufficient detail. This Article also explores compliance with regulatory requirements regarding AI algorithm transparency. While arguing against a maximalist approach to trade secret scope, it identifies approaches enabling trade secret owners to provide the required disclosures while protecting their intellectual property.
Author: John Villasenor
PDF: http://journals.law.unc.edu\/ncjolt/wp-content/uploads/sites/4/2024/04/Villasenor-Final.pdf
Volume 25, Issue 3