Federal Trade Commission Announces Mandatory Process for Investigations of AI Products and Services

Summary
On November 21, 2023, the FTC approved an omnibus resolution allowing the use of “compulsory process” in nonpublic investigations of AI products and services. This resolution will allow FTC staff to issue civil investigative demands (CIDs) in AI investigations, which would allow the agency to receive any relevant documents, information, and testimony similar to written discovery. Pursuant to the FTC’s mandates, CIDs are used to investigate competition issues and consumer harms like fraud, deception, privacy violations, and other unfair practices. The resolution will be in effect for 10 years.