United States of America: Adopted FTC resolution establishing compulsory process in non-public investigations involving AI-related products and services

On 21 November 2023, the Federal Trade Commission (FTC) adopted an omnibus resolution granting the use of compulsory process, similar to subpoenas, in non-public investigations into products and services utilising or purporting to use artificial intelligence (AI), including generative AI. The resolution will be effective for 10 years, and it simplifies the process for FTC staff to issue civil investigative demands (CIDs) in AI-related probes while maintaining the Commission's oversight on their issuance. AI's scope includes systems that can autonomously make predictions and decisions or generate synthetic content and is increasingly used in various products and services.