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.

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

The Hawley-Murphy proposal would extend responsibility for AI-enabled hacking to developers and operators. Its legislative text will determine whether injured parties gain workable private remedies under the CFAA.

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

The Third Circuit protected Westlaw’s potential market for licensing headnotes used to train Ross’s competing legal-research system. The article examines what that ruling leaves unresolved about access and competition.

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

J.R. Howell examines employer-side AI screening at LinkedIn, Indeed and SimplyHired. The essay connects privacy rules and vendor liability to the competitive power created by applicant data.

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.