Nareit's Artificial Intelligence (AI) Acceptable Use Policy
Purpose
The AI Policy outlines the expectations and guidelines for the responsible and ethical use of generative artificial intelligence (“AI”) by Nareit's employees, contractors, vendors, members, and other partners. Nareit recognizes the rising availability and usage of generative AI tools across fields and remains committed to responsibly adopting innovative technologies. The purpose of this policy is to ensure that generative AI is employed in a manner that aligns with Nareit's values, professional ethics, and evolving legal standards. This policy addresses the use of any generative AI technology and relevant risks associated with its use, including but not limited to liability for intellectual property infringement; false or misleading and biased or discriminatory content; confidential and proprietary information (including Nareit's information and third-party information); and to ensure compliance with developing laws, regulations, and ethical rules governing the use of generative AI technologies. Nareit recognizes the evolving legal environment surrounding generative AI technology and anticipates that this policy will evolve. So Nareit will regularly review and revisit this policy to stay abreast of changes.
Identification of Generative “Artificial Intelligence” or “AI” Tools
With the advent of AI tools, generative AI has become increasingly prevalent as a productivity tool. Generative AI generates content in ways that mimics human creative expression. If you are unsure whether a software tool or website employs generative AI technology, and falls within the scope of this policy, please contact your supervisor to inquire further.
Nareit's Rules and Policies Applicable to Generative AI
1. Authorization, Transparency, and Accountability. Staff must be transparent and accountable about the use of generative AI technology in their work, and seek permission before using generative AI tools for work purposes. Generative AI tools are not all the same, and versions of the same tool may offer different protections or entail different risks. In order to protect Nareit's intellectual property rights in its work product, staff may not use generative AI tools in connection with the performance of Nareit duties unless: (1) the specific version of the tool has been approved by Nareit executive management and (2) prior written approval for use of that tool for the intended specific purpose is granted by the appropriate supervisor. Approval may be granted, denied, or conditioned to best meet Nareit’s policy, legal requirements, or other business needs. Users of generative AI may not install generative AI-assisted plug-ins or use software tools that have not been pre-approved by Nareit on any Nareit equipment or Nareit-provided equipment. Users of AI may submit requests to use generative AI technology for review, guidance, and approval by Nareit executive management. Staff should strive for transparency by clearly communicating how generative AI systems are intended to be utilized and the impact they may have.
2. Confidentiality and Data Privacy. Staff must not expose confidential or proprietary information and data to generative AI Technology. Users of generative AI should prevent the unauthorized access, disclosure, or destruction of data and must respect privacy laws and adhere to applicable data protection laws to ensure that any personal or sensitive information used in generative AI technologies is handled with the utmost care and compliance. Generative AI technologies can collect, store, and use inputted information and disclose this information to other third parties. This creates a risk not only of the disclosure of data in violation of U.S. or international law, but also of cybersecurity risks such as potential spam, phishing, and deep fakes. Users of generative AI should remain alert and vigilant of potential cybersecurity threats and attacks, as generative AI-generated content is everywhere, creating a need to increase fact-checking procedures. Specifically, those using generative AI should never share the following:
• Personally identifiable information;
• Nareit's intellectual property or proprietary information (including trade secrets, copyrights, patents, trademarks, logos, and related materials), and confidential information and materials;
• Credentials or sensitive security and system access information;
• Disclosure in violation of U.S. or international data privacy laws.
Users of generative AI should raise concerns or questions related to privacy or data issues with Nareit's executive management.
3. Legal Compliance and Ethical Obligations. Staff must comply with all relevant laws and regulations pertaining to generative AI usage, including, but not limited to, intellectual property, data protection, and anti-discrimination laws. Specifically, those using generative AI must:
• Use generative AI technologies only in accordance with all other Nareit policies;
• Ensure that content generated or provided by generative AI technologies aligns with Nareit’s mission, vision, and practices;
• Fact-check and screen any content generated or provided by generative AI technologies for accuracy before relying on it for work purposes; if information cannot be independently verified, refrain from using it for Nareit purposes;
• Ensure that any content related to Nareit’s fields of expertise is reviewed by someone with recognized relevant expertise;
• Instruct third-party contractors creating content for use by Nareit on whether use of any specific generative AI tools is permitted, and, if permitted, confirm in writing whether their content is AI-generated;
• Screen AI-generated content for biases and discriminatory content;
• Disclose use of generative AI when presenting work product; and
• Verify with Nareit executive management that Nareit has a legal right to use any inputs to or outputs from generative AI technology to avoid liability for intellectual property infringement.
Nareit expressly and unequivocally prohibits all use of generative AI in any manner that infringes or otherwise violates the intellectual property rights of third parties. Users of generative AI should also consider the ethical implications of their work and ensure that generative AI systems are designed and deployed in a manner that upholds fairness. Please direct questions about the legal and ethical implications of generative AI usage to Nareit's General Counsel.
4. Appropriate Uses of Generative AI Tools. Due to its inherent limitations, generative AI technology must be used appropriately. For example, the use of generative AI technology may create liability for Nareit (e.g., if it is used to produce content that infringes copyright or trademark rights or if Nareit disseminates false information “hallucinated” by a generative AI tool). Generative AI technology may also be inappropriate for use in situations where Nareit seeks to own intellectual property rights in its content (i.e., because U.S. intellectual property laws treat generative AI outputs differently from human-generated content). Accordingly, Nareit prohibits the use of generative AI tools in connection with work for Nareit unless expressly permitted by this policy.
The following are examples of what may be appropriate uses for generative AI Technology:
• Research (e.g., through Google or other online searchable resources that employ generative AI technology) so long as such research does not involve inputting confidential information in the query or search prompt and the user fact-checks the output;
• If pre-approved for a specific project, use of generative AI tools to generate first drafts of content for marketing, blogs, webinars, social media, or other written content such as correspondence, educational materials, presentations, test questions, summaries, note-taking, or outlines, which are then subject to careful review and editing as needed;
• To automate data analysis and repetitive tasks, including but not limited to formulas for Excel spreadsheets or similar programs.
5. Prohibited Uses. Although the unauthorized use of generative AI technology is prohibited by this policy unless expressly permitted, for the avoidance of doubt, generative AI technology should never be used under the following circumstances:
• Use of unedited text created by generative AI technology in the final work product;
• To upload confidential or proprietary information;
• To upload sensitive and personal information protected by data privacy laws;
• To upload Nareit's intellectual property or third-party intellectual property;
• To create content for which Nareit intends to assert intellectual property protection or other proprietary interest;
• To generate content that infringes on the intellectual property or rights of publicity of others, or which uses prompts, requests or keywords intended to invoke (or which may reasonably invoke) protected content, or content that is substantially similar to, in the style of, or a direct copy of protected content (e.g., copyrighted characters, image, likenesses, etc.); and
• To obtain confidential, proprietary, or intellectual property-protected information and materials.
6. Approval and Acknowledgement. By using generative AI within the scope of one's work on behalf of Nareit, one acknowledges understanding of and commitment to compliance with this policy. Any breach or violation of this policy may lead to disciplinary action with potential severe consequences. Further, any violations of the law may be reported to legal authorities.