Diritto intelligente – Issue N. 4

As we approach the close of another transformative year in the world of artificial intelligence, it is with great enthusiasm that we present the December issue of Diritto intelligente. This month, we turn our focus to what is arguably the most significant innovation of recent times: AI agents. These autonomous systems are not just a leap forward in technology; they represent a paradigm shift in how we interact with machines and, consequently, how we must navigate the evolving legal landscape.

AI agents have moved beyond simple text-based interactions to become capable of performing complex tasks on our computers, mimicking human actions such as moving cursors, typing, and managing applications.

In this issue, we delve into the multifaceted legal challenges posed by AI agents. We explore the privacy and security concerns that arise when these systems require deep access to personal and corporate data, emphasizing the need for robust safeguards and a balanced legal framework. We underscore the importance of proactive policymaking to ensure that the integration of AI agents is both beneficial and responsible.

Building on this theme, we provide an insightful analysis of the recently published first draft of the General-Purpose AI Code of Practice. This draft aims to detail the AI Act rules for providers of general-purpose AI models, addressing key considerations such as transparency, systemic risk assessment, and risk mitigation strategies. As the final version is anticipated by May 2025, we offer a timely perspective on the regulatory efforts shaping the future of AI governance.

We also examine the reinforced US strategy on artificial intelligence, highlighting the National Security Memorandum that outlines the country’s approach to maintaining leadership in AI while addressing national security concerns. This perspective offers a global context to the advancements and regulatory responses surrounding AI agents.

Lastly, we discuss a significant move by a major publishing house to exclude its books from being used to train AI technologies. This development signals a growing awareness and assertiveness among content creators regarding the use of their intellectual property in AI training, raising important questions about rights and compensation. This decision not only challenges current practices in AI development but also prompts us to consider how intellectual property laws will adapt to these technological advancements. Will other publishers follow suit, leading to a more restrictive data environment for AI training? How will this impact the evolution of AI technologies that rely heavily on vast amounts of data? These questions highlight the pressing need for a dialogue between content creators, AI developers, and legal professionals to find a balanced approach that protects rights while fostering innovation.

As we look ahead to 2025, we anticipate that these discussions will intensify, and new legal challenges will emerge. The rapid advancement of AI agents will undoubtedly test the boundaries of existing laws and regulations. It is imperative for us, as a legal community, to stay engaged, informed, and collaborative in addressing these issues.

It has been an amazing year in the world of innovation, the whole Italian Intellectual Property and Technology team at DLA Piper wishes all our readers a joyous holiday season and a fantastic start to 2025. We look forward to working together in the coming year to explore the new legal challenges that await us, ensuring that the integration of AI into our society is both innovative and responsible.