5 Artificial Intelligence Case Studies. (1).MISUSE OF ARTIFICIAL INTELLIGENCE, CYBERNETICS, ROBOTICS, BIOMETRICS, FACIAL RECOGNITION, BIOENGINEERING, BIOTECHNOLOGY, 5G, 6G, AND QUANTUM COMPUTING TECNNOLOGY, ENDANGERING ALL THE WORLDS PEOPLE (2).ENDANGERING THE HUMAN RACE WITH THE MISUSE OF ARTIFICAL INTELLIGENCE TECHNOLOGY, BUILDING AGI-ASI SYSTEMS There were no qualifying decisions by the United Sates Supreme Court. Sevatec, Inc. v. Ayyar, 102 Va. Cir. To avoid detection, it makes use of multiple proxies. Adam C. Buck 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. "AI tools are going to drive decisions like who ought to be promoted and who should be fired," Newman said. The possibility of perpetuating bias is a significant concern when using AI in the hiring process. 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. 2019). The court concluded that, while plaintiff broadly describes both apps as distributing photo filtering apps, the record demonstrates that defendants app analyzes photos using artificial intelligence technology and then redraws the photos in a chosen artistic style, resulting in machine generated art. As with other areas of emerging technology, the courts will be faced with applying legal doctrines in new ways in view of the nature of the technology ranging from the use of AI in criminal cases to the impact of AI on patentable subject matter. 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. $(document).ready(function () { LEXIS 95508 (D.D.C. One Battery Park Plaza 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. 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 . [CA] Res on 23 Asilomar AI Principles (Sep 2018). 2017) (affirmed in relevant part by Santana v. Take-Two Interactive Software, Inc., 717 Fed.Appx. In general, courts have been reluctant to admit evidence from artificial intelligence devices. SA CV16-01955 JAK, 2017 U.S. Dist. For example, they are able to successfully dupe bot detection systems on social media platforms such as Spotify by mimicking human-like usage patterns. "HR executives have to look at AI with an air of caution, because they'll have to defend their use of AI and defend their results, especially in the recruiting process," Dinkin said. This is because the devices are often seen as unreliable and their use can be open to abuse. Under the law, employers must inform applicants that algorithms will analyze their interview videos, and they must explain how their AI program works and what characteristics the AI uses to evaluate applicants' suitability for the job. L.J. Heard v. Becton, Dickinson & Co., 2020 U.S. Dist. Galanda Broadman, PLLC I use 'artificial intelligence' as a shorthand for self-directed and self-adaptive computer activity. We are pleased to present the inaugural Chapter on Artificial Intelligence. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. [NJ] New Jersey Algorithmic Accountability Act (May 2019). There is clear evidence that AI mimics certain operations of the human mind. [MA] An Act Establishing a Moratorium on Face Recognition (Jan 2019). [Fed] Commercial Facial Recognition Privacy Act (Mar 2019). . However, these technologies are also being abused for criminal and malicious purposes. Library Assn (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 Childrens Internet Protection Act, and Gill v. Whitford (138 S. Ct. 1916 (2017)), in which, if the plaintiffs had standing, the Justices may have had to evaluate the use of sophisticated software in redistricting (a point noted again in Justice Kagans express reference to machine learning in her dissent in Rucho v. Common Cause (139 S. Ct. 2484 (2019))). . Like it? Please confirm that you want to proceed with deleting bookmark. For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . App. Man-made intelligence is also known as AI which brings up quite a few issues for courts and judges. 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). Job Losses Due to AI Automation. (May 2019). 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). The Supreme Court and High Courts have time and again warned against such conduct. 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. 2019) intended to require companies to regularly evaluate their tools for accuracy, fairness, bias, and discrimination.. According to Danny Tobey, partner at DLA Piper, companies were increasingly asking about his firm's AI capabilities, and it became clear that opening an AI practice to serve their needs made sense. Elec. 31st Floor 3d 834 (N.D. Cal. 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. CASE SUMMARY FACTS. Ct. 2019). 3d 1088 (N.D. Ill. 2017); In re Facebook Biometric Information Privacy Litigation, 185 F. Supp. 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. Kathleen Cahill Slaught (Chair) Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. To further evade detection, it also creates playlists with other songs that follow human-like musical tastes rather than playlists with random songs, as the latter might hint at bot-like behavior. ]to claims to have the capability to mimic several Spotify users simultaneously. Respond to Threats Agilely, Internet Safety and Cybersecurity Education. [Fed] H R Res 153 (Feb 2019). (801), Editor Please enable scripts and reload this page. var currentUrl = window.location.href.toLowerCase(); 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. 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 following are the facts of the case: 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). We confidently predict the cases we report will increase exponentially year over year. There were no qualifying decisions within the First Circuit. A discussion on a forum called blackhatworld[. } Dec. 18, 2018); Purepredictive, Inc. v. H20.AI, Inc., No. Vigil v. Take-Two Interactive Software, Inc., 235 F. Supp. Seattle,, Editor Byeongsook Seo The court found that BIPA codified individuals right to privacy in and control over their biometric identifiers and information. 2019) (concluding no violation of the confrontation clause where the creator of artificial intelligence software was the declarant, not the sophisticated and highly automated tool powered by electronics and source code); see also People v. Before any substantive federal legislation is enacted, many legal issues related to AI will play out in state and federal courts around the country. ]com forum post that talks about AI-powered bots that can learn successful trading strategies from historic data in order to develop better predictions and trades. Misuse. LEXIS 64131 (N.D. Ill. 2020); Namuwonge v. Kronos, Inc., 418 F. Supp. ]com discusses the possibility of creating an Instagram bot that would be able to create fake accounts, generate likes, and run follow-backs. CASE SUMMARY FACTS. 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. In a landmark decision, an Australian court has set a groundbreaking precedent, deciding artificial intelligence (AI) systems can be legally recognised as an inventor in patent applications. Artificial intelligence (AI) is a widely discussed topic in many fields including law. Need help with a specific HR issue like coronavirus or FLSA? $("span.current-site").html("SHRM China "); To request permission for specific items, click on the reuse permissions button on the page where you find the item. It is possible that the AI technology applied in this bot can also imitate natural user movements such as selecting and dragging. Artificial Intelligence (AI) seems to be catching the attention of a large section of people, no doubt because of the infinite possibilities [] 18.2 has announced a plan to delegate some lower value claims to an online court powered exclusively by AI.2 Other countries, including China, have aggressively investigated ways to bring AI into the ju- 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. 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