The American Counsel

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Artificial Intelligence

J.R. Howell examines artificial intelligence in business, government, and the courts, including accountability, privacy, and institutional power.

ROSS Plans a Supreme Court Challenge to the Third Circuit’s Fair Use Ruling in Thomson Reuters v. ROSS Intelligence

ROSS plans to seek Supreme Court review of the Third Circuit’s fair-use ruling. J.R. Howell examines the response from copyright scholars, lawyers, and industry commentators and the competition questions raised by AI training licenses.

Who Gets to Choose Your AI? Platform Power and the Limits of User Choice

Disputes involving Apple, Meta, Amazon, and other platforms expose the limits of user choice. This essay argues for a defined right to delegate lawful tasks, duties of agent loyalty, and a practical private remedy.

The Proposed AI Agent Accountability Act Seeks to Extend Hacking Liability to Developers and Operators. Pros and cons?

The Hawley-Murphy proposal would extend hacking liability to AI developers and operators. This analysis examines existing CFAA limits, private remedies, and a different liability model proposed in Rhode Island.

The Third Circuit’s Decision in Ross Protects Westlaw’s Market for Licensing Headnotes to AI Rivals. Now what?

The Third Circuit protected a potential market for licensing Westlaw headnotes to train AI. This analysis examines the separate antitrust record and what copyright leaves unresolved about competitive access.

Employer-Side AI Screening Is On by Default at LinkedIn, Indeed, and SimplyHired

Employer-side AI tools evaluate applications for participating employers on LinkedIn and Indeed. J.R. Howell examines California privacy rules, potential vendor liability, and competition concerns arising from applicant data. Product enrollment and regulatory coverage matter.

D.C. Circuit Holds in Anthropic v. Department of War That AI Use Limitations Are A Security Risk

The article examines the divided D.C. Circuit decision concerning Anthropic’s supply chain exclusion. It considers model-enforced use restrictions, the statutory disagreement, and the possible consequences for government technology vendors.

The Legal Imperative to Protect Human Dignity from the Dehumanization of Electronic Surveillance

The essay reads Pope Leo XIV’s Magnifica Humanitas alongside American privacy law and scholarship on dignity. It argues for limits on surveillance, profiling, and data extraction that protect people’s autonomy and legal status.

When Trusted Healthcare Software Quietly Hands Private Health Information to Someone Else’s AI

The essay examines how embedded AI can change where patient information goes after healthcare software is approved. It considers downstream vendors, secondary data uses, and contract controls for access, retention, and accountability.

Preemption: The White House AI Framework’s Real Design

The essay analyzes the White House’s proposed AI framework and argues that preemption could reduce state oversight without creating equivalent federal duties. It considers developer liability, market concentration, and contract protections.

When Courts Adopt AI in the Dark: Privacy, Legitimacy, and the Democratic Stakes of Los Angeles’s Learned Hand Experiment

The article examines a court’s adoption of generative AI for judicial work. It considers privacy, disclosure, and the risk that automated summaries and drafts can influence independent judgment before a judge reviews the result.