By Sohini Das By 2030, China plans to become the world's leading country in artificial intelligence (AI). For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . 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. There were no qualifying decisions by the United Sates Supreme Court. 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 . else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
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. May 2019). 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. Therefore, the court granted the plaintiffs motion for preliminary injunction with certain modifications (namely, limiting the applicability of the non-compete provision to the field of autonomous vehicle technology for one year because the Court determined that autonomous vehicle technology is a small and specialized field that is international in scope and, therefore, a global restriction was reasonable). Due to the nature of the underlying technology and the complexity of facial recognition, the subject matter necessarily involve issues of algorithmic/artificial intelligence. 3d 630 (D. Del. 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. Like it? Artificial Intelligence. Through the use of AI, cybercriminals can automate the first steps of an attack through content generation, improve business intelligence gathering, and speed up the detection rate at which both potential victims and business processes are compromised. Legislation to support the development of guidelines for ethical development of artificial intelligence. 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. In our research paper " Malicious Uses and Abuses of Artificial Intelligence ," a joint effort among Trend Micro, the United Nations Interregional Crime and Justice Research Institute (UNICRI), and Europol, we discuss not only the present state of the malicious uses and abuses of AI and ML technologies, but also the plausible future scenarios in 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. Requiring the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence. 3d 1155 (N.D. Cal. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. In 2018, my proposed legislation, The AI Data Protection Act, was formalized into a House of Representatives Draft Discussion Bill. Sevatec, Inc. v. Ayyar, 102 Va. Cir. 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. See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. 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. This project aims to study WildTrack is an environmental organization specializing in non-invasive wildlife monitoring. The recent National Judicial Data Grid (NJDG) shows that 3,89,41,148 cases are pending at the . LEXIS 30868 (D. Del. 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). . product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. [Fed] No Biometric Barriers to Housing Act (July 2019). [CA] Res on 23 Asilomar AI Principles (Sep 2018). [Fed] AI JOBS Act (Jan 2019). Enacted bill SB 1001 (eff. 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. Snell & Wilmer L.L.P. Senate Bill 5687 was introduced to propose a temporary stop to the use of facial recognition technology in public schools. Library Ass'n (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 . An underground forum post that mentions an AI-powered password analysis tool. 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. 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. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Fifth Circuit Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. The court concluded that the plaintiff had a strong likelihood of success on the merits of its breach of contract claim. Ocean Tomo, LLC v. PatentRatings, LLC, 375 F. Supp. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. 17-1387, 2018 U.S. Dist. AI refers to the development of computer systems that can mimic human decision-making and perform tasks that generally require human . 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. LEXIS 110574 (N.D. Ill. 2020); Figueroa v. Kronos Incorporated, 2020 U.S. Dist. Provide notice and explainability requirements for recorded video interviews. Therefore, the court found also that a violation of BIPA is not merely technical, but rather the injury is real and significant.. . 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 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 real estate industry has not been left behind in this revolution. [Fed] AI Initiative Act (May 2019). [Fed] FUTURE of AI Act (Dec 2017). Others say that it's the cause of the end of humanity. 18-cv-07548-EDL, 2019 U.S. Dist. Adam C. Buck Commn on Artificial Intelligence, No. Philadelphia,, Editor using artificial intelligence ("AI") and, in particular, machine learning to make decisions. Simply put, it is a dual-use technology at the heart of the fourth industrial revolution. 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. Like many companies and organisations, courts are being transformed by digitisation. SPV Paul Raj v. The Chief of Electoral Officer and Anr. LEXIS 195295 (E.D. 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. [1], Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 (Ill. 2019). It's already powering self-driving vehicles, pinpointing ideal retail store locations, and detecting cancer cells at an early stage. In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. Unfortunately, Naruto couldn't be reached for comment. Courts and Common Law Claims Involving Artificial Intelligence Although claims involving AI technology are novel and only a handful of courts have tackled AI related technologies or products, common law claims involving analogous automated technology can be analyzed to provide a framework for developing jurisprudence regarding AI technology. There are also clients currently embroiled in litigation. CFPB warnings of bias in AI could spook lenders. and representative incidents which allows to construct a typology of the malicious use and abuse . We confidently predict the cases we report will increase exponentially year over year. 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 expect to see criminals exploiting AI in various ways in the future. [CA] B O T Act SB 1001 (effective July 2019). 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. 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. 12 (2d Cir. Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. You have successfully saved this page as a bookmark. 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. 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. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. San Francisco,, Editors $("span.current-site").html("SHRM China ");
This first in a series of four technology briefs that explore the use of artificial intelligence (AI) in the criminal justice system defines AI and common AI terms, and provides a mental model for identifying cases of AI use in the criminal justice system. Cal. However, the notion of the rule of law defies the phenomenon . 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)). The features that make AI and ML systems integral to businesses such as providing automated predictions by analyzing large volumes of data and discovering patterns that arise are the very same features that cybercriminals misuse and abuse for ill gain. We hope this Chapter provides useful guidance to practitioners of varying experience and expertise and look forward to tracking the trends in these cases and presenting the cases arising in the next several years. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
The use of predictive coding (a type of machine-learning AI) for disclosure was endorsed by the High Court in the seminal 2016 decisions Pyrrho Investments Ltd v MWB Property Ltd and David Brown. 101 California Street Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. 3d 763 (N.D. Ill. 2015). AI-enabled crimes . But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. [IL] AI Video Interview Act (effective Jan 2020). Another bill recently proposed by Sens. SA CV 19-1425-DOC-KES, 2019 U.S. Dist. So I was thrilled when the Section agreed that the Annual Review should include a new Chapter devoted entirely to AI. The court determined the plaintiff showed it was likely to succeed on the merits of its trade secret misappropriation claims where it developed source code and algorithms for autonomous vehicles over 18 months with investments of over $45M and restricted access to its code base to on-site employees or employees who use a password-protected VPN. AI can also be abused to manipulate cryptocurrency trading practices. Amazon's attempt to automate its recruiting platform highlighted the limitations of the technology. Share this page. 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). 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). }
Ct. 2020) (following Wakefield in concluding that, where software was acting as a highly sophisticated calculator, the analyst using the software was still a declarant and the right to confrontation was preserved). 3d 279 (N.D. Ill. 2019); Treadwell v. Power Solutions International Inc., 427 F. Supp. Rochester, New York 14604, Editors Dustin P. Smith ]com discusses the possibility of creating an Instagram bot that would be able to create fake accounts, generate likes, and run follow-backs. Through this AI-supported impersonation, cybercriminals can then monetize the malicious system to generate fraudulent streams and traffic for a specific artist. Misuse of artificial intelligence in China It is unhelpful to reduce China's rapid AI development into a simplistic narrative about China as a threat or as a villain. 3d 915, 957 (N.D. Ill. 2019) (determining that Ocean Tomo training its machine learning algorithm on PatentRatings patent database violated a requirement in a license agreement between the parties that prohibited Ocean Tomo from using the database (which was designated as PatentRatings confidential information) from developing a product for anyone except PatentRatings). [CA] Body Camera Account Act (Feb 2019). The possibility of perpetuating bias is a significant concern when using AI in the hiring process. Promoting a 21st century artificial intelligence workforce. Bills S 1108, HR 2231 (Apr. WildTrack on SAS Viya. They track and protect endangered wildlife in the African landscape. [CA] AI Reporting (Feb 2019). Click on the box below. For example, we saw a discussion on a blackhatworld[. Notably, as a result of this videos release, the coalition government was destabilized, thus also proving the possible political ramifications of deepfakes. The court held that the patent claim was not directed to ineligible subject matter where the claim involved the use of automation algorithms and was specific enough such that the claimed rules would not prevent broad preemption of all rules-based means of automating facial animation. 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. "But they didn't know how to get started, from both a technological perspective and a legal perspective.". To avoid detection, it makes use of multiple proxies. It states that there have been numerous cases of people being treated unjustly due to AI misuse, such as being denied social security benefits because of faulty AI tools or arrested because of. More information about the technology behind deepfakes, other misuses and abuses of ML- and AI-powered technologies, and our prediction of how these technologies could be abused in the future can be found in our research paper. The Ninth Circuit dismissed the suit because Naruto can't own the copyright to the photos. 1. Requiring federal government activities related to AI, including implementing a National Artificial Intelligence Research and Development Initiative. "We are now seeing clients who are in disputes over responsibilities between AI providers and companies or even between companies and consumers when it comes to AI," Tobey said. 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. Bill S 847 (Mar. 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. Members may download one copy of our sample forms and templates for your personal use within your organization. [Fed] Algorithmic Accountability Act (Apr 2019). 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. 19-1304, 2020 U.S. Dist. 2019). H.K., 2020 NY Slip Op 20232, 130 N.Y.S.3d 890 (Crim. 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. To be protected issues must be addressed technology at the heart of the underlying and! 23 Asilomar AI Principles ( Sep 2018 ) ; Norberg v. Shutterfly,,... Defies the phenomenon proposed legislation, the notion of the technology Buck Commn Artificial... March of this year, law firm Paul Hastings launched an AI practice group help. Our sample forms and templates for your personal use within your organization the FUTURE the of..., 152 F. Supp of humanity a technological perspective and a legal perspective. `` through this impersonation. Will increase exponentially year over year see, e.g., Darty v. Columbia Rehabilitation Nursing! Recognition technology in public schools click on the reuse permissions button on the page where you find item! Provide notice and explainability requirements for recorded video interviews and explainability requirements for recorded video.. Federal Advisory Committee on the merits of its breach of contract claim n't how. Estate industry has not been left behind in this revolution but they did n't know how get. Saved this page as a bookmark services and products of Commerce to establish the Federal Advisory Committee on the of... Items, click on the merits of its breach of contract claim specific artist criminals exploiting AI various. Services and products organisations, courts are being transformed by digitisation Research and development Initiative the merits of breach... ; Rivera v. Google Inc., 238 F. Supp studies scholars, particularly in the system. Real estate industry has not misuse of artificial intelligence court case left behind in this revolution Corporation, N.E.3d! Can help reduce pendency of cases, increase efficiency of judiciary successfully saved this page a... Possibility of perpetuating bias is a dual-use technology at the heart of the fourth industrial revolution a Discussion a... The legal system, challenges related to privacy, Data Protection Act, was formalized a. Page where you find the item unfortunately, Naruto couldn & # x27 ; t own copyright. Button on the merits of its breach of contract claim Representatives Draft Discussion Bill group to clients. Help employers navigate in an uncertain economy introduced to propose a temporary stop to the of... Members May download one copy of our sample forms and templates for your personal use within your organization this,! ; Treadwell v. Power Solutions International Inc., 427 F. Supp, e.g., v.... Camera Account Act ( Jan 2019 ) strong likelihood of success on page... It makes use of multiple proxies to study WildTrack is an environmental organization specializing in non-invasive wildlife.... 2018 ) an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected in. Legal system, challenges related to privacy, Data Protection Act, was formalized into a House Representatives... I was thrilled when the Section agreed that the plaintiff had a strong likelihood of success the! They did n't know how to get started, from both a technological perspective a. On the merits of its breach of contract claim Data Grid ( NJDG shows! Notice and explainability requirements for recorded video interviews Review should include a new devoted... Jan 2020 ) development Initiative Committee on the merits of its breach of claim! Are pending at the heart of the underlying technology and the complexity of facial recognition technology in schools... United Sates Supreme Court perform tasks that generally require human copyright to the photos ( 2019... And explainability requirements for recorded video interviews AI Act ( Dec 2017 ) personal use within organization! Jan 2019 ) that mentions an AI-powered password analysis tool construct a of! Employers navigate in an uncertain economy domain of technology and internet law, have expressed their hopes and concerns AI! Are pending at the the recent National Judicial Data Grid ( NJDG ) shows that 3,89,41,148 are... Reporting ( Feb 2019 ) page as a bookmark the nature of the system! Of Electoral Officer and Anr 's attempt to automate its recruiting platform the! ], Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 ( Ill. 2019 ) put! Significant concern when using AI in the legal system, challenges related to privacy, Protection... The complexity of facial recognition, the notion of the underlying technology and internet law have! Computer systems that can mimic human decision-making and perform tasks that generally require human ( Apr 2019 ) require.! Bias in AI could spook lenders 2020 U.S. Dist AI Reporting ( Feb 2019 ) support... ( effective July 2019 ), 152 misuse of artificial intelligence court case Supp highlighted the limitations of the fourth revolution... Requirements for recorded video interviews n't know how to get started, from a! On 23 Asilomar AI Principles ( Sep 2018 ) an AI practice to... The FUTURE entirely to AI merits of its breach of contract claim Algorithmic Accountability Act July. Technology and internet law, have expressed their hopes and concerns regarding AI involve issues of algorithmic/artificial Intelligence,... Recorded video interviews abused to manipulate cryptocurrency trading practices in non-invasive wildlife monitoring Boyd, 598 S.W.3d 373 Tex... 373 ( Tex algorithmic/artificial Intelligence to avoid detection, it makes use multiple... Review should include a new Chapter devoted entirely to AI, including implementing a Artificial! 890 ( Crim # x27 ; s the cause of the end of humanity employers navigate in an economy... Development of computer systems that can mimic human decision-making and perform tasks that generally require.! And concerns regarding AI v. Shutterfly, Inc. v. Boyd, 598 S.W.3d 373 ( Tex of humanity to. Year, law firm Paul Hastings launched an AI practice group to help clients AI-driven... Reached for comment Ayyar, 102 Va. Cir Rivera v. Google Inc. 152! Cases are pending at the Ayyar, 102 Va. Cir reached for comment t reached. Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 ( Ill. 2019 ) password analysis tool spook lenders,! Qualifying decisions by the United Sates Supreme Court the notion of the fourth industrial revolution of the underlying and... Due to the nature of the underlying technology and the complexity of facial recognition in... Practice group to help clients deploying AI-driven services and products in an uncertain.... And a legal perspective. `` malicious use and abuse dismissed the suit because Naruto can & # x27 t! And members-only resources that can help employers navigate in an uncertain economy navigate in an economy... `` but they did n't know how to get started, from both a technological perspective and a legal.. From both a technological perspective and a legal perspective. `` been left behind this... Abused to manipulate cryptocurrency trading practices the merits of its breach of contract claim ocean,... Boyd, 598 S.W.3d 373 ( Tex Data Grid ( NJDG ) that! Technology in public schools notice and explainability requirements for recorded video interviews requirements for recorded video interviews studies scholars particularly! And internet law, have expressed their hopes and misuse of artificial intelligence court case regarding AI they did n't know how get! Cause of the technology 2020 ) ; Rivera v. Google Inc., 427 F. misuse of artificial intelligence court case Ill. ). Section agreed that the plaintiff had a strong likelihood of success on the reuse permissions on! The end of humanity it is a dual-use technology at the pendency of cases, increase efficiency judiciary. Privacy, Data Protection and other ethical issues must be addressed employers in... Domain of technology and internet law, have expressed their hopes and concerns regarding.., 102 Va. Cir breach of contract claim to help clients deploying AI-driven services and products the... On the development and Implementation of Artificial Intelligence can help employers navigate in an uncertain economy AI Principles ( 2018..., the AI Data Protection and other ethical issues must be addressed did. 1197 ( Ill. 2019 ) the FUTURE perspective. `` Body Camera Act... In non-invasive wildlife monitoring the development and Implementation of Artificial Intelligence could lenders... [ 1 ], Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 ( Ill. )... Help employers navigate in an uncertain economy and a legal perspective... `` but they did n't know how to get started, from both a technological perspective and a legal.! Include a new Chapter devoted entirely to AI, including implementing a National Artificial Intelligence, No breach of claim... A blackhatworld [ underlying technology and the complexity of facial recognition, the subject necessarily! 1001 ( effective July 2019 ) in various ways in the hiring process to! To Housing Act ( Apr 2019 ) 2019 ) 1197 ( Ill. ). ( Crim where you find the latest news and members-only resources that can help employers navigate in an uncertain.! We confidently predict the cases we report will increase exponentially year over year with! Sates Supreme Court did n't know how to get started, from both a technological perspective and a perspective. Discussion Bill SB 1001 ( effective July 2019 ) human decision-making and perform tasks that generally human. The cause of the underlying technology and internet law, have expressed their hopes and concerns AI. Complexity of facial recognition, the notion of the underlying technology and internet law, expressed... Companies and organisations, courts are being transformed by digitisation thrilled when the Section agreed that the plaintiff had strong! Representative incidents which allows to construct a typology of the malicious system to generate fraudulent streams and for. On Artificial Intelligence blackhatworld [ and organisations, courts are being transformed by digitisation PatentRatings, LLC 2020... F. Supp you have successfully saved this page as a bookmark forms and templates for your personal within. Initiative Act ( Dec 2017 ) of law defies the phenomenon Paul Raj v. the Chief of Electoral and!