ARTICLE
27 December 2024

Increasing Insider Threats And The Importance Of AI Governance

AO
A&O Shearman

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A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
China's ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging...
China Corporate/Commercial Law

China's ByteDance, the parent company of TikTok, is seeking USD1.1 million in damages from a former intern accused of sabotaging its artificial intelligence (AI) large language model training infrastructure.

The incident illustrates the potential risks associated with insider threats and underscores the critical importance of AI governance and compliance within organizations, particularly those heavily invested in AI development and deployment. 

ByteDance suffered significant damages which includes:

  • Direct losses: disclosure of private AI-related data which leads to the depletion of company AI assets and resources; significant waste of computing resources and power;
  • Indirect losses: since the AI model training goal was not achieved, they may lose potential business opportunities in the market;
  • Reputation damages: leaves a negative impression on the organization's internal risk management, attracting widespread attention from the industry and public.

With the evolving technology in the digital economy, organizations that heavily rely on AI technology should pay attention to:

  • Risk Management – the incident illustrates the importance of comprehensive risk management strategies, especially AI governance and compliance measures. Organizations must implement effective monitoring and control mechanisms to detect and prevent unauthorized access or disclosure of critical AI assets and ensure that all personnel are adequately trained on data privacy, security protocols, and the ethical use of AI technologies.
  • Confidentiality – the incident highlights the necessity for robust measures to protect proprietary AI technologies and data assets. Companies must ensure that all employees, including interns, are fully aware of and adhere to confidentiality policy.
  • Legal and ethical compliance – ByteDance's legal action reflects the broader industry trend towards stringent enforcement of legal and ethical standards in AI development. This includes compliance with internal policies, as well as external regulations and industry best practices.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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