AI and the Law
Common Law & Agency When it comes to AI usage, even where no statute or regulation may apply, the common law may apply. Common law is a body of unwritten laws based on legal precedents established by the courts – like defamation, harassment, invasion of privacy, fraud, etc. “Don’t blame me, the AI did it” will rarely be a valid excuse because of the common law of agency. If someone acts on your behalf and causes harm, you may be held liable.
Ask yourself, “Do I trust this AI to be my agent?”
AI’s Considerations in Federal Laws
FERPA – AI use must not disclose student education records.
COPPA – Additional protections for users under 13. Can district consent on parents’ behalf?
ADA – AI must be accessible and offered on an equal basis to people with disabilities.
IDEA – Unclear if AI may prove adequately private and effective to assist in creating IEPs.
Rehabilitation Act – What goes for IEPs likely goes for Section 504 plans.
Title VII – Unequal access to AI based on race, sex, etc., may be a violation.
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