Rochester, New York 14604, Editors Dustin P. Smith Kazerounian believes that the detection and response type of AI used in many cybersecurity products is largely immune to the inclusion of bias that plagues other domains. Tucker Ellis LLP Irvine, CA 92614 There were no qualifying decisions within the Eighth Circuit. Request a Free Site Design Meanwhile, another example involves a UK-based energy firm that was duped into transferring nearly 200,000 British pounds (approximately US$260,000 as of writing) to a Hungarian bank account after a malicious individual used deepfake audio technology to impersonate the voice of the firms CEO in order to authorize the payments. 1696-2017) required the creation of a task force for providing recommendations on how information on agency automated decision systems may be shared with the public and how agencies may address situations where people are harmed by such agency automated decision systems. By Sohini Das By 2030, China plans to become the world's leading country in artificial intelligence (AI). The goal of this Chapter is to serve as a useful tool for those business attorneys who seek to be kept up to date on a national basis concerning how the courts are deciding cases involving AI. 560 Mission Street It is possible that the AI technology applied in this bot can also imitate natural user movements such as selecting and dragging. However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. 148 (Va. Cir. 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. 2020). There is a growing interest in legislation that will impact how companies use AI tools. In general, courts have been reluctant to admit evidence from artificial intelligence devices. Because so many of a company's business operations can run into AI legal challenges, DLA Piper's legal team found many opportunities to start a discussion with several clients on the impact of AI. LivePerson, Inc. v. 24/7 Customer, Inc., 83 F. Supp. We organize the enacted and proposed legislation into (i) policy (e.g., executive orders); (ii) algorithmic accountability (e.g., legislation aimed at responding to public concerns regarding algorithmic bias and discrimination); (iii) facial recognition; (iv) transparency (e.g., legislation primarily directed at promoting transparency in use of AI); and (v) other (e.g., other pending bills such as federal bills on governance issues for AI). LEXIS 139056 (N.D. Cal. Williams-Sonoma, Inc. v. Amazon.com, Inc., No. She covers business, technology and public policy. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. Through this AI-supported impersonation, cybercriminals can then monetize the malicious system to generate fraudulent streams and traffic for a specific artist. 17-1387, 2018 U.S. Dist. Hatteberg v. Capital One Bank, N.A., No. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. The video, which was released in 2019, also calls for the cabinet minister to be investigated for alleged corruption. Generally, "artificial intelligence" is the term used to describe how computers can perform tasks normally viewed as requiring human intelligence, such as recognizing speech and objects, making decisions based on data, and translating languages. But courts may find it difficult to apply a "reasonable person" or "reasonable computer" standard. For instance, we saw a Torum user who expressed interest in the use of DeepExploit, an ML-enabled penetration testing tool. 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. Together with machine learning (ML) a subfield of AI that analyzes large volumes of data to find patterns via algorithms enterprises, organizations, and governments are able to perform impressive feats that ultimately drive innovation and better business. The firm will help clients defend against class-action lawsuits and give legal advice in areas such as compliance with laws and regulations, data privacy issues, AI governance and ethics. Billions of dollars in governmental funding have been announced, dozens of hearings have been held, and nearly 20 national plans have been adopted.In the past couple of months alone, Canada and France launched the International Panel on AI (IPAI), modeled on the Intergovernmental Panel on Climate . Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. Amazon's attempt to automate its recruiting platform highlighted the limitations of the technology. 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. Neals v. PAR Technology Corp., 419 F. Supp. Oct. 21, 2020) (denying a motion to disqualify an expert the court concluded was component to testify in a copyright infringement case after having performed an artificial intelligence assisted facial recognition analysis of the plaintiffs mask and the alleged infringing mask). ]com discusses the possibility of creating an Instagram bot that would be able to create fake accounts, generate likes, and run follow-backs. An example of this is an alleged deepfake video that features a Malaysian political aide engaging in sexual relations with a cabinet minister. Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. There were no qualifying decisions within the First Circuit. The capabilities of Artificial Intelligence (AI) evolve rapidly and affect almost all sectors of society. [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). This article is written by Dipanwita Chatterjee, currently pursuing BA.LLB, 6th Semester at KIIT School of Law. The AI predicted the verdicts to an accuracy of 79%, according to the scientists involved. 1300 Clinton Square Paste the code into your page (Ctrl+V). There were no qualifying decisions by the United Sates Supreme Court. 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. The dawn of digital disruption in courts. Artificial intelligence fits perfectly in our oversensitive diagnostic culture in which doctors are petrified of missing potentially fatal diseases. Cleveland, OH 44113 analytical processes. They track and protect endangered wildlife in the African landscape. Search and download FREE white papers from industry experts. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. Hughes Hubbard & Reed LLP Artificial intelligence is taking the world by storm. var temp_style = document.createElement('style');
"But they didn't know how to get started, from both a technological perspective and a legal perspective.". [IL] AI Video Interview Act (effective Jan 2020). 950 Main Avenue, Suite 1100 }
For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . A notable example is facial recognition. Abstract We foresee that criminals will use AI in order to carry out malicious activities to victimize organizations via social engineering tactics. However, the Covid-19 pandemic only gave rise to the filing of more such petitions. WeRide Corp. v. Kun Huang, 379 F. Supp. 1 At least one defendant has raised on appeal unsuccessfully a due process challenge to the use of this new technology for such purposes. Rogers v. CSX Intermodal Terminals, Inc., 409 F. Supp. Sevatec, Inc. v. Ayyar, 102 Va. Cir. Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. 2019) intended to require companies to regularly evaluate their tools for accuracy, fairness, bias, and discrimination.. 3d 868 (E.D. Heard v. Becton, Dickinson & Co., 2020 U.S. Dist. Intuitive understanding of technology is required for meaningful discussion about AI. 1. The real estate industry has not been left behind in this revolution. A user on a darknet forum inquiring about the use of DeepExploit. ChatGPT has been making the rounds online, and as with any type of artificial intelligence, it's raising questions about its benefits and how it could be abused. LEXIS 109864 (N.D. Ill. 2020). product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. Establish guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability. Elec. 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. In fact, 37% of businesses and organizations have already integrated AI in some form within their systems and processes in 2020. This project aims to study Bertuccelli v. Universal City Studios LLC, No. This avoids the need at least for now to go into detailed debates about which party is liable in case of injury and wait for the courts to decide on matters or for authorities to issue complex regulation. It covers cases from complaint forward - as soon as we learn of them - whether or not they generate published decisions. Artificial Intelligence (AI) seems to be catching the attention of a large section of people, no doubt because of the infinite possibilities [] Nevarez v. Forty Niners Football Co., LLC, No. For example, we omitted several patent cases directed to subject-matter eligibility that we felt did not substantiate additional insight to those we have presented in this Chapter. The court concluded that the National Security Commission on Artificial Intelligence is subject to both the Freedom of Information Act and the Federal Advisory Committee Act. For example, we omitted certain BIPA cases that did not add any additional information to those we have presented in this Chapter. The 64-page complaint characterizes Google as a "monopoly gatekeeper for the internet" and spells out the reasoning behind the lawsuit in detail, documenting the company's beginning at Stanford. These cases are representative of the type of any number of cases that are likely to make their way to the Court in the near future that will require the Justices to contemplate artificial intelligence, machine learning, and the impact of the use of these technologies. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. AI-enabled crimes of high concern: Deepfakes; driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled systems; large-scale blackmail; AI-authored fake news. Acaley v. Vimeo, 2020 U.S. Dist. Employment discrimination and criminal sentencing provide two examples. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. LEXIS 30868 (D. Del. [CA] AI Reporting (Feb 2019). Adopted state resolution ACR 215 (Sept. 2018) expressing legislative support for the Asilomar AI Principles as guiding values for AI development. 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. Seattle,, Editor Byeongsook Seo 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. Restrict federal government from using a facial recognition technology without a court order. Bills S 1108, HR 2231 (Apr. 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. The Court had previously concluded that a people search engine site presenting incorrect information that prejudiced a plaintiffs job search was a cognizable injury under the Fair Credit Reporting Act in Spokeo, Inc. v. Robins (136 S. Ct. 1540 (2016)). Mar. LEXIS 95508 (D.D.C. Cir. LEXIS 182255 (N.D. Cal. 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. AI is increasingly being used in fields such as journalism, law and accountancy, though . 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