The Public Interest Litigation, in this case, was dismissed as follows. SPV Paul Raj v. The Chief of Electoral Officer and Anr. 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. The Court of Appeals held that a violation of 15(a) (requiring development of a written and public policy establishing a retention schedule and guidelines for destroying biometric identifiers and information) of BIPA did not create a concrete and particularized injury and plaintiff lacked standing under Article III to pursue the claim in federal court. 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). Please purchase a SHRM membership before saving bookmarks. } LivePerson, Inc. v. 24/7 Customer, Inc., 83 F. Supp. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. 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. Defendant had signed a confidentiality and noninterference agreement. var currentUrl = window.location.href.toLowerCase(); temp_style.textContent = '.ms-rtestate-field >, .ms-rtestate-field > .fltter .is-empty.d-none, {display:block !important;}'; Commn on Artificial Intelligence, No. "But they didn't know how to get started, from both a technological perspective and a legal perspective.". Senate Bill 1385 was introduced to establish a moratorium on the use of face recognition systems by state and local law enforcement. Members may download one copy of our sample forms and templates for your personal use within your organization. Promoting a 21st century artificial intelligence workforce. "The development of full artificial intelligence could spell the end of the human race." Stephen Hawking The age of artificial intelligence is dawning. 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. Artificial intelligence is taking the world by storm. Others say that it's the cause of the end of humanity. Div. LEXIS 139056 (N.D. Cal. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Cybercriminals are employing ML to improve algorithms for guessing users passwords. May 2019). Provide notice and explainability requirements for recorded video interviews. Vigil v. Take-Two Interactive Software, Inc., 235 F. Supp. Tucker Ellis LLP However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. Amazon's attempt to automate its recruiting platform highlighted the limitations of the technology. The SPC hopes to achieve the similar judgments for similar cases goal through artificial intelligence (AI) technology. L.J. With the use of neural networks and Generative Adversarial Networks (GANs), however, cybercriminals would be able to analyze vast password datasets and generate password variations that fit the statistical distribution. 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. 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. 19-1304, 2020 U.S. Dist. 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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. Notably, as a result of this videos release, the coalition government was destabilized, thus also proving the possible political ramifications of deepfakes. [Fed] AI JOBS Act (Jan 2019). In a recent interview, Sam. [IL] AI Video Interview Act (effective Jan 2020). "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. Seyfarth Shaw LLP We are pleased to present the inaugural Chapter on Artificial Intelligence. [Fed] No Biometric Barriers to Housing Act (July 2019). Ill. 2018); Rivera v. Google Inc., 238 F. Supp. Request a Free Site Design Therefore, the court found also that a violation of BIPA is not merely technical, but rather the injury is real and significant.. 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.. Principal, Litigation 16-1307-SLR, 2017 U.S. Dist. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. New York,, Editors Jessica Mendelson 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. Need help with a specific HR issue like coronavirus or FLSA? By working toward such an understanding, we can be better prepared to protect systems, devices, and the general public from advanced attacks and abuses. }); if($('.container-footer').length > 1){ Associate 2015) (determining plaintiff adequately pleaded possession and misappropriation of a trade secret where plaintiff alleged its predictive algorithms and proprietary behavioral analysis methods were based on many years of expensive research and were secured by patents, copyrights, trademarks and contractual provisions). CASE SUMMARY FACTS. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. Zaletel v. Prisma Labs, Inc., No. (801), Editor 3d 630 (D. Del. Patel v. Facebook, Inc., 932 F.3d 1264 (9th Cir. 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. 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. Please log in as a SHRM member before saving bookmarks. The court concluded that the plaintiff had a strong likelihood of success on the merits of its breach of contract claim. 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.". LEXIS 109864 (N.D. Ill. 2020). [NJ] New Jersey Algorithmic Accountability Act (May 2019). 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. 2017) (affirmed in relevant part by Santana v. Take-Two Interactive Software, Inc., 717 Fed.Appx. The plaintiff alleged trademark infringement based on the defendants Prisma photo transformation app. The main purposes of an artificially intelligent agent probably involve sensing, modelling, planning and action, but current AI applications also include perception, text analysis, natural language processing (NLP), logical reasoning, game-playing, decision support systems, data analytics, predictive analytics, as well as autonomous vehicles and "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. Ct. 2019). But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. As a new piece of the Artificial Intelligence series of the Budapest Centre for Mass Atrocities Prevention, this paper offers an insight on how the Israeli authorities apply tools of Artificial Intelligence (AI) in the Occupied Palestinian Territories by . In contrast, the Court of Appeals held that a violation of 15(b) (requiring private entities make certain disclosures and receive informed consent from consumers before obtaining biometric identifiers and information) of BIPA did result in a concrete injury (plaintiffs loss of the power and ability to make informed decisions about the collection, storage and use of her biometric information) and she, therefore, had standing and her claim could proceed in federal court. Judge Cathy Ann Bencivengo and Magistrate Judge Allison H. Goddard are assigned to the case. There is clear evidence that AI mimics certain operations of the human mind. 5 Artificial Intelligence Case Studies. 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). Victims, estates, and family members of victims of terrorist attacks in Israel alleged that Facebook was a provider of terrorist postings where they developed and used algorithms designed to match users information with other users and content. Cory Booker, D-N.J., and Ron Wyden, D-Ore., is the Algorithmic Accountability Act of 2019, which calls on the Federal Trade Commission to establish rules for evaluating "highly sensitive" automated systems. There were no qualifying decisions within the Eleventh Circuit. 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. There were no qualifying decisions within the Eighth Circuit. Man-made intelligence is also known as AI which brings up quite a few issues for courts and judges. 3d 463 (W.D. 1 At least one defendant has raised on appeal unsuccessfully a due process challenge to the use of this new technology for such purposes. Fifth Circuit Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. NIST to establish standards to support reliable, robust and trustworthy AI. In 2018, Buzzfeed worked together with actor and director Jordan Peele to create a deepfake video of former US president Barack Obama with the aim of raising awareness about the potential harm that deepfakes can wreak and how important it is to exercise caution before believing internet posts including realistic-looking videos. App. 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. An underground forum post that mentions an AI-powered password analysis tool. analytical processes. 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. For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . Some say that it's a buzzword that doesn't really mean much. H.K., 2020 NY Slip Op 20232, 130 N.Y.S.3d 890 (Crim. Introduction. 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. [Fed] FUTURE of AI Act (Dec 2017). 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. Endangering Humanity with the misuse of Artificial Intelligence, Complicity and Aiding in Physical Genocide inside of China by transferring AI Technology, Engaging in Cultural Genocide of Humanity, & Controlling and programming the Human Race by Social Engineering via AI coding and AI algorithmic biometric manipulation 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. In May, global law firm DLA Piper launched an AI practice that provides legal guidance and helps companies understand the legal risks of adopting AI systems. Ocean Tomo, LLC v. PatentRatings, LLC, 375 F. Supp. 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. 3d 499 (S.D.N.Y. The dawn of digital disruption in courts. } Members can get help with HR questions via phone, chat or email. Rochester, New York 14604, Editors Dustin P. Smith Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. For example, we omitted certain BIPA cases that did not add any additional information to those we have presented in this Chapter. Legislation to support the development of guidelines for ethical development of artificial intelligence. 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 recent National Judicial Data Grid (NJDG) shows that 3,89,41,148 cases are pending at the . 2019). Privacy Info. [emailprotected] For enterprises and individual users alike to remain protected from malicious actors who are out to misuse and abuse AI, the risks and potential malicious exploitations of AI systems need to be identified and understood. 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. [CA] Res on 23 Asilomar AI Principles (Sep 2018). Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. We foresee that criminals will use AI in order to carry out malicious activities to victimize organizations via social engineering tactics. 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. 1:19-cv-02906 (TNM), 2020 U.S. Dist. [Fed] Commercial Facial Recognition Privacy Act (Mar 2019). Among these tools is an AI-based software that can analyze a large dataset of passwords retrieved from data leaks. product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. With tools powered by these technologies, enterprises are able to better predict customers buying behaviors that contribute to increased revenues. [Fed / NIST] US Leadership in AI (Aug 2019). Cybercriminals are also weaponizing AI frameworks for hacking vulnerable hosts. "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. As your organization continues to move data and apps to the cloud and transform your IT infrastructure, mitigating risk without slowing down the business is critical. (May 2019). . 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.