Marks & Clerk has been featured in SC Magazine discussing the implications of recent US restrictions on access to advanced AI models and what they mean for organisations increasingly reliant on AI-powered technologies. The article explores how government intervention in the AI sector has highlighted a new category of business risk: the possibility that critical AI tools can become unavailable with little warning due to regulatory, geopolitical or national security considerations.
Providing expert commentary, Fiona Phillips, Partner and Head of Marks & Clerk's AI, Cybersecurity and Data practice, explained why the measures were so significant. Fiona noted that, unlike traditional export control regimes, which typically provide businesses with greater certainty and time to implement compliance measures, the restrictions imposed on certain advanced AI models were introduced with very little notice and applied to foreign nationals regardless of their physical location. She described the move as a particularly unusual intervention that underscores the rapidly evolving regulatory landscape surrounding AI.
The story highlights the growing need for organisations to look beyond the capabilities of AI tools and consider the legal, commercial and operational risks associated with relying on them. As businesses continue to integrate AI into critical workflows, resilience, governance and contingency planning are becoming increasingly important considerations.
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