News and Analysis of Artificial Intelligence Technology Legal Issues

Washington State Seeks to Root Out Bias in Artificial Intelligence Systems

The harmful effects of biased algorithms have been widely reported.  Indeed, some of the world’s leading tech companies have been accused of producing applications, powered by artificial intelligence (AI) technologies, that were later discovered to exhibit certain racial, cultural, gender, and other biases.  Some of the anecdotes are quite alarming, to say the least.  And while not all AI applications have these problems, it only takes a few concrete examples before lawmakers begin to take notice. In New York City, lawmakers began addressing algorithmic bias in 2017 with the introduction of legislation aimed at eliminating bias from algorithmic-based automated decision…

California Appeals Court Denies Defendant Access to Algorithm That Contributed Evidence to His Conviction

One of the concerns expressed by those studying algorithmic decision-making is the apparent lack of transparency. Those impacted by adverse algorithmic decisions often seek transparency to better understand the basis for the decisions. In the case of software used in legal proceedings, parties who seek explanations about software face a number of obstacles, including those imposed by evidentiary rules, criminal or civil procedural rules, and by software companies that resist discovery requests. The closely-followed issue of algorithmic transparency was recently considered by a California appellate court in People v. Superior Court of San Diego County, slip op. Case D073943 (Cal.…

Will “Leaky” Machine Learning Usher in a New Wave of Lawsuits?

A computer science professor at Cornell University has a new twist on Marc Andreessen’s 2011 pronouncement that software is “eating the world.”  According to Vitaly Shmatikov, it is “machine learning [that] is eating the world” today.  His personification is clear: machine learning and other applications of artificial intelligence are disrupting society at a rate that shows little sign of leveling off.  With increasing numbers of companies and individual developers producing customer-facing AI systems, it seems all but inevitable that some of those systems will create unintended and unforeseen consequences, including harm to individuals and society at large.  Researchers like Shmatikov…

California Jury to Decide if Facebook’s Deep Learning Facial Recognition Creates Regulated Biometric Information

Following a recent decision issued by Judge James Donato of the U.S. District Court for the Northern District of California, a jury to be convened in San Francisco in July will decide whether a Facebook artificial intelligence technology creates regulated “biometric information” under Illinois’ Biometric Information Privacy Act (BIPA).  In some respects, the jury’s decision could reflect general sentiment toward AI during a time when vocal opponents of AI have been widely covered in the media.  The outcome could also affect how US companies, already impacted by Europe’s General Data Protection Regulation (GDPR), view their use of AI technologies to…

10 Things I Wish Every Legal Tech Pitch Would Include

Due in large part to the emergence of advanced artificial intelligence-based legal technologies, the US legal services industry today is in the midst of a tech shakeup.  Indeed, the number of advanced legal tech startups continues to increase. And so too are the opportunities for law firms to receive product presentations from those vendors. Over the last several months, I’ve participated in several pitches and demos from leading legal tech vendors.  Typically delivered by company founders, executives, technologists, and/or sales, these presentations have been delivered live, as audio-video conferences, audio by phone with a separate web demo, or pre-recorded audio-video…

“AI vs. Lawyers” – Interesting Result, Bad Headline

The recent clickbait headline “AI vs. Lawyers: The Ultimate Showdown” might lead some to believe that an artificial intelligence system and a lawyer were dueling adversaries or parties on opposite sides of a legal dispute (notwithstanding that an “intelligent” machine has not, as far as US jurisprudence is concerned, been recognized as having machine rights or standing in state or federal courts). Follow the link, however, and you end up at LawGeex’s report titled “Comparing the Performance of Artificial Intelligence to Human Lawyers in the Review of Standard Business Contracts.” The 37-page report details a straightforward, but still impressive, comparison…

When It’s Your Data But Another’s Stack, Who Owns The Trained AI Model?

Cloud-based machine learning algorithms, made available as a service, have opened up the world of artificial intelligence to companies without the resources to organically develop their own AI models. Tech companies that provide these services promise to help companies extract insights from the company’s unique customer, employee, product, business process, and other data, and to use those insights to improve decisions, recommendations, and predictions without the company having an army of data scientists and full stack developers. Simply open an account, provide data to the service’s algorithms, train and test an algorithm, and then incorporate the final model into the…

Legal Tech, Artificial Intelligence, and the Practice of Law in 2018

Due in part to a better understanding of available artificial intelligence legal tech tools, more lawyers will adopt and use AI technologies in 2018 than ever before. Better awareness will also drive creation and marketing of specialized legal practice areas within law firms focused on AI, more lawyers with AI expertise, new business opportunities across multiple practice groups, and the possibly of another round of Associate salary increases as the demand for AI talent both in-house and at law firms escalates in response to the continued expansion of AI in key industries. The legal services industry is poised to adopt…

The AI Summit New York City: Takeaways For the Legal Profession

This week, business, technology, and academic thought leaders in Artificial Intelligence are gathered at The AI Summit in New York City, one of the premier international conferences offered for AI professionals. Below, I consider two of the three takeaways from Summit Day 1, published yesterday by AI Business, from the perspective of lawyers looking for opportunities in the burgeoning AI market. “1. The tech landscape is changing fast – with big implications for businesses” If a year from now your law practice has not fielded at least one query from a client about AI technologies, you are probably going out…