A program used by the United States court system, Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), was found to mistakenly label Black defendants as likely to reoffend - erroneously flagging them at a rate of 45% compared to 24% of white people. Artificial intelligence gets its day in court. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. [Fed] GrAITR Act (Apr 2019). WildTrack is an environmental organization specializing in non-invasive wildlife monitoring. AI and ML technologies have many positive use cases, including visual perception, speech recognition, language translations, pattern-extraction, and decision-making functions in different fields and industries. Last september, the ACLU filed an amicus brief in a California case that brings to a head a controversy over the use of algorithms and artificial . According to Danny Tobey, partner at DLA Piper, companies were increasingly asking about his firm's AI capabilities, and it became clear that opening an AI practice to serve their needs made sense. Sohini Das. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. This is why it remains urgent to gain an understanding of the capabilities, scenarios, and attack vectors that demonstrate how these technologies are being exploited. In the future, this will lead to more accurate and targeted password guesses and higher chances for profit. An underground forum discussion on Instagram bots. We are pleased to present the inaugural Chapter on Artificial Intelligence. 1. The Illinois law is the first of its kind in the U.S. and is designed to regulate the increasing use of AI in the hiring process. However, as AI seeps into more areas of daily life, it's becoming clear that its misuse can lead to serious harm, leading the UN to call for strong, international regulation of the technology. WildTrack on SAS Viya. Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. CASE SUMMARY FACTS. Restrict federal government from using a facial recognition technology without a court order. (Parsa, Cyrus A. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. . The plaintiff owners of the patents brought infringement actions, and defendants argued the claims were unpatentable algorithms that merely took a preexisting process and made it faster by automating it on a computer. The real estate industry has not been left behind in this revolution. Artificial Intelligence. As W. Edwards Deming said, "A bad system will beat a good person every time." 2. [emailprotected] Misuse. LEXIS 64131 (N.D. Ill. 2020); Namuwonge v. Kronos, Inc., 418 F. Supp. 2019) intended to require companies to regularly evaluate their tools for accuracy, fairness, bias, and discrimination.. Powerful digital tools using artificial intelligence (AI) software are helping in the fight against COVID-19, and have the potential to improve the world in many other ways. The output of AI can be relevant to issues that arise in litigation, and, because of its limitations, its use can invite legal challenge. [SF and Oakland, CA] City ordinances were passed to ban the use of facial recognition software by the police and other government agencies (June, July 2019). Ironically, deepfakes can be a useful tool for educating people on their possible misuses. "When you talk about setting these systems up, you want to work with a team that is both thoughtful about building systems to comply with current regulations and also on the cutting edge of knowing what's coming next in law and technology," Tobey said. Paste the code into your page (Ctrl+V). As HR managers use artificial intelligence (AI) to make recruiting decisions, evaluate employee performance, and decide on promotions and firings, HR executives should know that several law. Protecting AI through patents and intellectual property is another hot area. The Public Interest Litigation, in this case, was dismissed as follows. Senate Bill 5687 was introduced to propose a temporary stop to the use of facial recognition technology in public schools. The plaintiff had a Prizmia photo editing app. The Supreme Court and High Courts have time and again warned against such conduct. Plaintiff identified its trade secrets with particularity where it described the functionality of each trade secret and named numerous files in its code base because plaintiff was not required to identify the specific source code to meet the reasonable particularity standard.. PWnagotchi 1.0.0 uses a neural network model to improve its hacking performance via a gamification strategy: When the system successfully de-authenticates Wi-Fi credentials, it gets rewarded and learns to autonomously improve its operation. Tucker Ellis LLP CASE SUMMARY FACTS. The court noted that matters such as data analytics, artificial intelligence, and machine learning are complex enough that expert testimony is proper and helpful and such testimony does not invade the province of the jury. We note the Court has heard a number of cases foreshadowing the types of issues that will soon arise with respect to artificial intelligence, such as United States v. Am. var currentUrl = window.location.href.toLowerCase(); The software ensures that it enhances its password-guessing capability by training a GAN to learn how people tend to alter and update passwords, such as changing hello123 to h@llo123, and then to h@llo!23.. 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. Others say that it's the cause of the end of humanity. May 2, 2019) (denying Amazons motion to dismiss Williams-Sonomas service mark infringement case noting it would not be plausible to presume that Amazon conducted its marketing of Williams-Sonomas products without some careful aforethought (whether consciously in the traditional sense or via algorithm and artificial intelligence)). Requiring the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence. Image will appear the same size as you see above. Share this page. The court concluded that BIPA protects concrete privacy interests, and violations of BIPAs procedures actually harm or pose a material risk of harm to those privacy interests. The dawn of digital disruption in courts. Williams-Sonoma, Inc. v. Amazon.com, Inc., No. Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. Rohit Chopra has seized on nearly every public opportunity as director of the Consumer Financial Protection Bureau to admonish companies about the potential misuse of artificial intelligence in lending decisions. See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. 2017)) (concluding that BIPA doesnt create a concrete interest in the form of right-to-information, but instead operates to support the statutes data protection goal; therefore, defendants bare violations of the notice and consent provisions of BIPA were dismissed for lack of standing). Forty-Eighth Floor Artificial intelligence (AI) is swiftly fueling the development of a more dynamic world. $(document).ready(function () { Requiring federal government activities related to AI, including implementing a National Artificial Intelligence Research and Development Initiative. Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. However, the notion of the rule of law defies the phenomenon . You have successfully saved this page as a bookmark. [CA] Anti- Eavesdropping Act (Assemb. This might be helpful to a person with an injury or disability who needs help writing a letter, but it could also be used fraudulently. Plaintiff brought suit alleging violation of BIPA. San, Editors Bradford K. Newman 1300 Clinton Square Newman said many companies are already using AI in the applicant-selection process, but he thinks there will be widespread use of AI tools to assess worker performance. Seattle,, Editor Byeongsook Seo Ill. 2018); Rivera v. Google Inc., 238 F. Supp. 2019). LEXIS 95208 (N.D. Ill. June 1, 2020) (concluding that parties made an agreement to arbitrate because defendant provided reasonable notice of its terms of service to users by requiring users to give consent to its terms when they first opened the app and when they signed up for a free subscription plan, but the BIPA violation claim alleged by the plaintiff was not within the scope of the parties agreement to arbitrate because the Exceptions to Arbitration clause excluded claims for invasion of privacy). Adam C. Buck [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). Div. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { [IL] AI Video Interview Act (effective Jan 2020). (801), Editor [Fed / NIST] US Leadership in AI (Aug 2019). [7] The Artificial Intelligence Video Interview Act, which will take effect in Illinois on Jan. 1, 2020, illustrates the shifting legal landscape that AI will bring. July 2019) intended to shed light on bots by requiring them to identify themselves as automated accounts.. 3. 3d 463 (W.D. Associate 16-cv-07013-LHK (SVK), 2018 U.S. Dist. An artificial intelligence system has correctly predicted the outcomes of hundreds of cases heard at the European Court of Human Rights, UCL researchers have claimed. With tools powered by these technologies, enterprises are able to better predict customers buying behaviors that contribute to increased revenues. A user on a darknet forum inquiring about the use of DeepExploit. App. LEXIS 195295 (E.D. Add this infographic to your site:1. LEXIS 109864 (N.D. Ill. 2020). Byeongsook, Co-Editors Lee Applebaum Los Angeles,, Recent Developments in Artificial Intelligence Cases 2021, Business Regulation & Regulated Industries, Recent Developments in Business and Corporate Litigation, Diversity and Inclusion in the Profession, By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association, Business and Corporate Litigation Committee, Business Law Section, American Bar Association. The Ninth Circuit dismissed the suit because Naruto can't own the copyright to the photos. "You know, identifying footprints is a very . Automation of jobs, the spread of fake news and a dangerous arms race of AI-powered weaponry have been mentioned as some of the biggest dangers posed by AI. Providing legal advice includes contracting and licensing AI services and technologies and understanding how AI technologies interact with regulations, Tobey said. Commn on Artificial Intelligence, No. Intuitive understanding of technology is required for meaningful discussion about AI. Respond to Threats Agilely, Internet Safety and Cybersecurity Education. The primary step taken for India's Artificial Intelligence framework was the AI Task Force Report, in order to study artificial intelligence in depth. Establish guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability. There are also clients currently embroiled in litigation. Seyfarth Shaw LLP For example, they are able to successfully dupe bot detection systems on social media platforms such as Spotify by mimicking human-like usage patterns. Fifth Circuit Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. Recently, numerous states have begun experimenting with the use of artificial intelligence (AI) as a tool to predict the risk of recidivism for criminal defendants and to consider that assessment at sentencing. LEXIS 31249 (N.D. Ill. 2020) (concluding that, for 15(b) to apply, an entity must at least take an active step to collect, capture, purchase, receive through trade, or otherwise obtain biometric data and the plaintiff did not adequately plead that defendant took any such active step where the complaint omitted specific factual detail and merely parroted BIPAs statutory language and the plaintiff failed to adequately plead possession because he failed to sufficiently allege that defendant exercised any dominion or control over his fingerprint data). AI has been increasingly integrated into criminal and harmful activities, expanding existing vulnerabilities, and introducing new threats. Rochester, New York 14604, Editors Dustin P. Smith Artificial intelligence and automation are responsible for a growing number of decisions by public authorities in areas like criminal justice, security and policing and public administration, despite having proven flaws and biases. Chelsea Mikula Aug. 29, 2017); Power Analytics Corp. v. Operation Tech., Inc., No. The court concluded that, while plaintiff broadly describes both apps as distributing photo filtering apps, the record demonstrates that defendants app analyzes photos using artificial intelligence technology and then redraws the photos in a chosen artistic style, resulting in machine generated art. 2040 Main St., 14th Floor Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. Artificial intelligence (AI) is a widely discussed topic in many fields including law. Mich. 2016). "HR executives have to look at AI with an air of caution, because they'll have to defend their use of AI and defend their results, especially in the recruiting process," Dinkin said. With few AI-related cases issued to date, we can expect that courts (or parties) in future cases will look to examples of AI-related claims and cases as provided by the USPTO, at least for guidance. Cleveland, OH 44113 I use 'artificial intelligence' as a shorthand for self-directed and self-adaptive computer activity. He said DLA Piper's AI team includes lawyers who ensure that AI systems comply with anti-discrimination and other laws, looking at questions of both intent and impact. Aside from these, AI could also be used to harm or inflict physical damage on individuals in the future. (1).MISUSE OF ARTIFICIAL INTELLIGENCE, CYBERNETICS, ROBOTICS, BIOMETRICS, FACIAL RECOGNITION, BIOENGINEERING, BIOTECHNOLOGY, 5G, 6G, AND QUANTUM COMPUTING TECNNOLOGY, ENDANGERING ALL THE WORLDS PEOPLE (2).ENDANGERING THE HUMAN RACE WITH THE MISUSE OF ARTIFICAL INTELLIGENCE TECHNOLOGY, BUILDING AGI-ASI SYSTEMS See, e.g., Kaavo Inc. v. Amazon.com, Inc., 323 F. Supp. "When you have algorithms making decisions that impact humans in one of their most essential life functionswhich is their workthere are going to be issues of fairness and transparency and legal challenges, and I think we are going to see those legal challenges start very soon. SHRM Employment Law & Compliance Conference, Artificial Intelligence Video Interview Act, attempt to automate its recruiting platform, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, Employers, Vendors Plan Ahead of NYCs AI Law Enforcement Date. Kloss v. Acuant, Inc., 2020 U.S. Dist. For years, I have been at the forefront of advocating for rational federal regulation of AI and have published on AI ethics and fairness.I frequently represent clients with legal issues related to both commercial and embedded AI. Need help with a specific HR issue like coronavirus or FLSA? 3d 1155 (N.D. Cal. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; A local law in relation to automated decision systems used by agencies (Int. 2020) (stating the courts intent to consolidate cases against Clearview based on a January 2020 New York Times article alleging defendants scraped over 3 billion facial images from the internet and scanned biometric identifiers and then used those scans to create a searchable database, which defendants then allegedly sold access to the database to law enforcement, government agencies, and private entities without complying with BIPA); see also Mutnick v. Clearview AI, Inc., 2020 U.S. Dist. Denver, CO 80202 So I was thrilled when the Section agreed that the Annual Review should include a new Chapter devoted entirely to AI. using artificial intelligence ("AI") and, in particular, machine learning to make decisions. Introduction. $("span.current-site").html("SHRM MENA "); Privacy Info. 3d 966 (C.D. Library Assn (539 U.S. 194 (2003)), in which a plurality of the Court upheld the constitutionality of filtering software that libraries had to implement pursuant to the Childrens Internet Protection Act, and Gill v. Whitford (138 S. Ct. 1916 (2017)), in which, if the plaintiffs had standing, the Justices may have had to evaluate the use of sophisticated software in redistricting (a point noted again in Justice Kagans express reference to machine learning in her dissent in Rucho v. Common Cause (139 S. Ct. 2484 (2019))). 5 Artificial Intelligence Case Studies. To further evade detection, it also creates playlists with other songs that follow human-like musical tastes rather than playlists with random songs, as the latter might hint at bot-like behavior. "But they didn't know how to get started, from both a technological perspective and a legal perspective.". The court expressly acknowledged that one day courts may have to determine whether machine learning and artificial intelligence resulted in software altering itself and inserting an arbitration clause after the fact. Cybercriminals are also abusing AI to imitate human behavior. A notable example is facial recognition. ]com pertaining to PWnagotchi 1.0.0, a tool that was originally developed for Wi-Fi hacking through de-authentication attacks. In 2021, the ABA will publish my book which is designed to be an AI field guide for business lawyers. The possibility of perpetuating bias is a significant concern when using AI in the hiring process. 1215 was introduced to prohibit law enforcement agencies and officials from using any biometric surveillance system, including facial recognition technology, in connection with an officer camera or data collected by the camera. LEXIS 216875 (C.D. [Fed] Commercial Facial Recognition Privacy Act (Mar 2019). 2019) (noting that [p]roving that an actual person is behind something like a social-networking account becomes increasingly important in an era when Twitter bots and other artificial intelligence troll the internet pretending to be people). By working toward such an understanding, we can be better prepared to protect systems, devices, and the general public from advanced attacks and abuses. It seems the most likely time for a boom in AI analysis in the courts is when millennials and subsequent generations become the majority on the bench. Chair of North America Trade Secrets Practice LEXIS 110574 (N.D. Ill. 2020); Figueroa v. Kronos Incorporated, 2020 U.S. Dist. Its growing appeal and utility are undeniable. The study of law and information technology comes with an inherent contradiction in that while technology develops rapidly and embraces notions such as internationalization and globalization, traditional law, for the most part, can be slow to react to technological developments and is also predominantly confined to national borders. Members may download one copy of our sample forms and templates for your personal use within your organization. The use of both AI and ML in business is rampant. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. Editor Byeongsook Seo Ill. 2018 ) ; Rivera v. Google Inc., 958 F.3d 617 ( 7th Cir your... 110574 ( N.D. Ill. 2020 ) ; Figueroa v. Kronos Incorporated, U.S.... Our sample forms and templates for your personal use within your organization and Implementation of Artificial intelligence not... From using a facial recognition technology in Public schools to establish the federal Advisory Committee on the Development Implementation... 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