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. In the future, this will lead to more accurate and targeted password guesses and higher chances for profit. Div. Cleveland, OH 44113 Adopted state resolution ACR 215 (Sept. 2018) expressing legislative support for the Asilomar AI Principles as guiding values for AI development. 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. LEXIS 231235 (C.D. LEXIS 182255 (N.D. Cal. We are pleased to present the inaugural Chapter on Artificial Intelligence. While AI and ML can support businesses, critical infrastructures, and industries as well as help solve some of societys biggest challenges (including the Covid-19 pandemic), these technologies can also enable a wide range of digital, physical, and political threats to surface. The plaintiff had a Prizmia photo editing app. We discuss the present state of the malicious uses and abuses of AI and ML and the plausible future scenarios in which cybercriminals might abuse these technologies for ill gain. Search and download FREE white papers from industry experts. At that point, Tobey said, "they are going to need to be ready to explain to other people how decisions are being made using those technologies.". With tools powered by these technologies, enterprises are able to better predict customers buying behaviors that contribute to increased revenues. Artificial Intelligence (AI) is used in cyber security to quickly analyze millions of events and identify numerous types of threats, such as malware that exploits zero-day vulnerabilities and malicious software that may lead to phishing attacks. 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. 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. 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. The SPC hopes to achieve the similar judgments for similar cases goal through artificial intelligence (AI) technology. Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. Acaley v. Vimeo, 2020 U.S. Dist. They also help clear legal hurdles, such as aligning data rights policies across the company. AI can also be abused to manipulate cryptocurrency trading practices. 17-1387, 2018 U.S. Dist. Deepfakes have great potential to distort reality for many individuals for nefarious purposes. Additionally, the same user wanted to know how they could let DeepExploit interface with Metasploit, a penetration testing platform for information-gathering, crafting, and exploit-testing tasks. Others say that it's the cause of the end of humanity. (Parsa, Cyrus A. However, we did not include every case that references facial recognition when the issue at bar pertained to procedural aspects such as class certification (e.g., class action lawsuits filed under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14). It is highly likely that cybercriminals will turn to AI with the goal of enhancing the scope and scale of their attacks, evading detection, and abusing AI both as an attack vector and an attack surface. We confidently predict the cases we report will increase exponentially year over year. 2. Intuitive understanding of technology is required for meaningful discussion about AI. Oct. 16, 2018) (determining that protections exist such as protective orders and the Federal Rules of Evidence that prohibit a party from using artificial intelligence to identify non-responsive documents without identifying a cut-off point for some manner of reviewing the alleged non-responsive documents). [1] As noted in our introduction, we made certain judgment calls with respect to which cases to include. FRANKFURT (Reuters) - Rapid advances in artificial intelligence are raising risks that malicious users will soon exploit the technology to mount automated hacking attacks, cause driverless car. [emailprotected] Contributors Julia, Editors Carolyn G. Nussbaum Require California business entities with more than 50 employees and associated contractors and vendors to each maintain a written record of the data used relating to any use of artificial intelligence for the delivery of the product or service to the public entity. Employment discrimination and criminal sentencing provide two examples. Enacted bill SB 1001 (eff. Plaintiff employer alleged defendant former employee breached his contractual obligations by terminating his employment with the plaintiff and accepting a job with Samsung in the same line of business. AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. The Supreme Court of Illinois held that an individual need not allege some actual injury or adverse effect, beyond violation of his or her rights under BIPA, to qualify as an aggrieved person under the statute and be entitled to seek damages and injunctive relief. If the law passes, companies will have to assess whether their algorithms and the systems they support are biased or discriminatory and whether the information they contain presents a privacy or security risk to consumers. Nicole Lewis is a freelance journalist based in Miami. Given these very real differences in functionality, it stands to reason that the two products are directed to different consumers.. 6, 2017). Facial recognition systems are entering public spaces without any clear accountability or oversight. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. AI in the courts. 101 California Street 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. 3d 1155 (N.D. Cal. Chair of North America Trade Secrets Practice [NY] NYC (Jan 2018). 3d 984 (N.D. Ill. 2019); Kiefer v. Bob Evans Farm, LLC, 313 F. Supp. Bertuccelli v. Universal City Studios LLC, No. The Supreme Court and High Courts have time and again warned against such conduct. Our wide catalog of surveillance systems allow us to engineer and install solutions tailored to combat your property's security threats. It covers cases from complaint forward - as soon as we learn of them - whether or not they generate published decisions. [CA] Body Camera Account Act (Feb 2019). This aspect of the digital world and its . Plaintiff brought suit alleging violation of BIPA. 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. 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.. 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). "But they didn't know how to get started, from both a technological perspective and a legal perspective.". Notably, as a result of this videos release, the coalition government was destabilized, thus also proving the possible political ramifications of deepfakes. As this is our first installment of the AI Chapter in a burgeoning field, we made some editorial decisions: (i) we included a few cases older than the past year; (ii) unlike other Chapters, we have included cases of note recently filed in the lower courts which we will track in subsequent editions; and (iii) we included legislation and pending legislation in our summary. Sevatec, Inc. v. Ayyar, 102 Va. Cir. In fact, 37% of businesses and organizations have already integrated AI in some form within their systems and processes in 2020. Courts are increasingly allowing documents to be filed and accessed electronically, and cases to be initiated and managed online. Hatteberg v. Capital One Bank, N.A., No. Rogers v. CSX Intermodal Terminals, Inc., 409 F. Supp. LivePerson, Inc. v. 24/7 Customer, Inc., 83 F. Supp. Crawford noted historical cases of registry abuse, including IBM's role in enabling Nazi Germany to track Jewish, Roma and other ethnic groups with the Hollerith Machine, and the Book of Life. 16-1307-SLR, 2017 U.S. Dist. 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. Restrict federal government from using a facial recognition technology without a court order. Judiciaries around the world are moving from paper-based to electronic and online systems. This goal is mostly pursued through a specific technology called 'machine learning' that makes predictions by evaluating case files, both procedural documents and the associated judicial decisions. 17-cv-03049, 2017 U.S. Dist. Some enterprises, with the help of ML- and AI-powered tools, are able to build highly profitable businesses such as Amazon, which reached a trillion-dollar business valuation in 2018. 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). Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Rosenbach is a key Supreme Court of Illinois case answering whether one qualifies as an aggrieved person for purposes of BIPA and may seek damages and injunctive relief if she hasnt alleged some actual injury or adverse effect beyond a violation of her rights under the statute. There were no qualifying decisions by the United Sates Supreme Court. One Battery Park Plaza Artificial intelligence (AI), the development of computer systems to perform tasks that normally require human intelligence, such as learning and decision making, has the potential to transform and spur innovation across industry and government. The use of both AI and ML in business is rampant. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. LEXIS 94926 (S.D.N.Y. Forty-Eighth Floor $('.container-footer').first().hide(); Artificial intelligence is taking the world by storm. Artificial intelligence fits perfectly in our oversensitive diagnostic culture in which doctors are petrified of missing potentially fatal diseases. 2020). 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 pertaining to PWnagotchi 1.0.0, a tool that was originally developed for Wi-Fi hacking through de-authentication attacks. Requiring federal government activities related to AI, including implementing a National Artificial Intelligence Research and Development Initiative. Companies, counsel, and the courts will, at times, struggle to grasp technical concepts and apply existing law in a uniform way to resolve business disputes. 12 (2d Cir. See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. LLP, 140 F. Supp. 8606 35th Avenue NE, Ste. Because of the wide use of the internet and social media, deepfakes can reach millions of individuals in different parts of the world at unprecedented speeds. Liu v. Four Seasons Hotel, Ltd., 2019 IL App(1st) 182645, 138 N.E.3d 201 (Ill. 2019) (noting that simply because an employer opts to use biometric data, like fingerprints, for timekeeping purposes does not transform a complaint into a wages or hours claim). We also made certain judgments as to what should be included. AI-enabled crimes . [CA] Anti- Eavesdropping Act (Assemb. A user on a darknet forum inquiring about the use of DeepExploit. July 13, 2017); Nice Sys. In general, courts have been reluctant to admit evidence from artificial intelligence devices. Neals v. PAR Technology Corp., 419 F. Supp. However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. ", [SHRM members-only toolkit:Screening by Means of Pre-Employment Testing]. The dawn of digital disruption in courts. Delphi Auto, PLC v. Absmeier, 167 F. Supp. A combination of deep learning and fake media, deepfakes are perfectly suited for use in future disinformation campaigns because they are difficult to immediately differentiate from legitimate content, even with the use of technological solutions. Please log in as a SHRM member before saving bookmarks. However, the notion of the rule of law defies the phenomenon . Salt Lake City, UT 84111 LEXIS 95508 (D.D.C. 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. H.K., 2020 NY Slip Op 20232, 130 N.Y.S.3d 890 (Crim. 3d 612 (N.D. Ill. 2019) (denying defendants motion to dismiss and relying on the Illinois Supreme Courts holding in Rosenbach (summarized in this chapter) to conclude that plaintiffs right to privacy in his fingerprint data included the right to give up his biometric identifiers or information only after receiving written notice of the purpose and duration of collection and providing informed written consent). 148 (Va. Cir. [CA] B O T Act SB 1001 (effective July 2019). In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. Provide notice and explainability requirements for recorded video interviews. 3. Editor Sheila Swaroop Most resumes that were used to build the algorithm came from men, and the system was taught to prefer male candidates. Plaintiffs son was asked to scan his thumb into defendants biometric data capture system and neither plaintiff nor her son were informed of the specific purpose and length of term for which the sons fingerprint had been collected. 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. Plaintiff purchased a season pass for her son to defendants amusement park. Add this infographic to your site:1. Press Ctrl+C to copy. 2019) intended to require companies to regularly evaluate their tools for accuracy, fairness, bias, and discrimination.. SPV Paul Raj v. The Chief of Electoral Officer and Anr. There is a growing interest in legislation that will impact how companies use AI tools. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. LEXIS 139056 (N.D. Cal. San, Editors Bradford K. Newman Cybercriminals are also weaponizing AI frameworks for hacking vulnerable hosts. Mr Hassabis was responding to concerns about the development of artificial intelligence raised, among others, by Elon Musk, the technology entrepreneur and a DeepMind investor, and Professor. 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. Associate Prohibiting a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. The tech community has long debated the threats posed by artificial intelligence. This can lead to faster and more accurate defrauding of businesses through various attacks, including phishing and business email compromise (BEC) scams. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Abstract AI-powered job automation is a pressing concern as the technology is . 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. 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. There were no qualifying decisions within the Tenth Circuit. 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. Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. [Fed] AI Initiative Act (May 2019). Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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). As applications of artificial intelligence, including machine learning, continue to be deployed in a myriad of ways that impact our health, work, education, sleep, security, social interaction, and every other aspect of our lives, many critical questions do not have clear cut answers yet. Philadelphia,, Editor 2019). LEXIS 64131 (N.D. Ill. 2020); Namuwonge v. Kronos, Inc., 418 F. Supp. However, the Covid-19 pandemic only gave rise to the filing of more such petitions. Vol. Seizing on its powerful predictive capabilities, private sector companies and government entities alike now employ machine-learning ("ML") algorithms to assist in diverse applications ranging from detecting and preventing fraudulent online credit card transactions to optimizing traffic flow to . All rights reserved, Extend Your Team. "We saw a need in this space to form a group of experts to help advise clients on best practices, transparency, fairness and oversight in the use and deployment of AI, to help create corporate best practices and minimize the risks of what we believe will be litigation that I personally think will start and focus on the workplace," said Bradford Newman, chair of the Paul Hastings employee mobility and trade secret practice and a member of the law firm's AI practice group. 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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. product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. The majority judgment of the Supreme Court upholding the Central Vista redevelopment project has urged for introspection of the tool of Public Interest Litigation lamenting how frivolous PILs are eating into the Court's time which can be utilised for hearing other cases. Please enable scripts and reload this page. A notable example is facial recognition. 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)). 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. Nov. 20, 2019) (relying on advances in technology, including use of artificial intelligence to deepfake audio, as a basis for denying defendants argument that a plaintiff must plead to a higher standard alleging specific indicia of automatic dialing to survive a motion to dismiss in a Telephone Consumer Protection Act case). Prohibiting owners of certain federally assisted rental units from using facial recognition, physical biometric recognition, or remote biometric recognition technology in any units, buildings or grounds of such project. Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. Artificial intelligence gets its day in court. This bot increases streaming counts (and subsequently, monetization) for specific songs. Patel v. Facebook, Inc., 932 F.3d 1264 (9th Cir. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { They track and protect endangered wildlife in the African landscape. Tobey added that DLA Piper helps companies set up central data councils and best-practice policies that can help clear technical hurdles, such as ensuring companies don't clean the same data twice. 1. LEXIS 212336 (D. Del. Principal, Litigation Chair of North America Trade Secrets Practice Baker McKenzie 600 Hansen Way Palo Alto, CA 94304 (650) 856-5509 [emailprotected], Partner, IPTech Co-Chair Global Technology Transactions Baker McKenzie 300 E. Randolph St., Suite 5000 Chicago, IL 60001 (312) 861-2904 [emailprotected], Senior Associate, IPTech Baker McKenzie 1900 N. Pearl Street, Suite 1500 Dallas, TX 75201 (214) 965-7204 [emailprotected]. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. 601 South Figueroa Street Suite 3300 App. AI is increasingly being used in fields such as journalism, law and accountancy, though . The court concluded that the plaintiff had a strong likelihood of success on the merits of its breach of contract claim. This project aims to study [MA] An Act Establishing a Moratorium on Face Recognition (Jan 2019). LEXIS 109864 (N.D. Ill. 2020). Bills S 1108, HR 2231 (Apr. Defendant worked for the plaintiff as director of its labs in Silicon Valley, managing engineers and programmers on work related to autonomous driving. Patent litigation over a patent which claimed a method of using a computer to automate the realistic syncing of lip and facial expressions in animated characters. 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