Meanwhile, another example involves a UK-based energy firm that was duped into transferring nearly 200,000 British pounds (approximately US$260,000 as of writing) to a Hungarian bank account after a malicious individual used deepfake audio technology to impersonate the voice of the firms CEO in order to authorize the payments. This article investigates the utilization of artificial intelligence (AI) in official courtrooms. Worldwide business spending on AI is expected to hit $50 billion this year and $110 billion annually by 2024, even after the global economic slump caused by the COVID-19 pandemic, according to a forecast released in August by technology research firm IDC. 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 . Kloss v. Acuant, Inc., 2020 U.S. Dist. Nevarez v. Forty Niners Football Co., LLC, No. App. Defendant worked for the plaintiff as director of its labs in Silicon Valley, managing engineers and programmers on work related to autonomous driving. You have successfully saved this page as a bookmark. "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. 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. Micro and macro trends can only be identified by surveying cases around the country. Search and download FREE white papers from industry experts. . 3d 279 (N.D. Ill. 2019); Treadwell v. Power Solutions International Inc., 427 F. Supp. Vol. Dec. 18, 2018); Purepredictive, Inc. v. H20.AI, Inc., No. Commn on Artificial Intelligence, No. Amazon's attempt to automate its recruiting platform highlighted the limitations of the technology. LEXIS 95508 (D.D.C. Employment discrimination and criminal sentencing provide two examples. "AI tools are going to drive decisions like who ought to be promoted and who should be fired," Newman said. 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. 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- Please purchase a SHRM membership before saving bookmarks. Respond to Threats Agilely, Internet Safety and Cybersecurity Education. To avoid detection, it makes use of multiple proxies. [Fed] GrAITR Act (Apr 2019). With few AI-related cases issued to date, we can expect that courts (or parties) in future cases will look to examples of AI-related claims and cases as provided by the USPTO, at least for guidance. The district court found defendants alleged violations were mere procedural violations that cause no concrete harm to plaintiff and, therefore, remanded the action to state court. Ironically, deepfakes can be a useful tool for educating people on their possible misuses. Bills S 1108, HR 2231 (Apr. 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. Judiciaries around the world are moving from paper-based to electronic and online systems. San, Editors Bradford K. Newman The Illinois law is the first of its kind in the U.S. and is designed to regulate the increasing use of AI in the hiring process. Need help with a specific HR issue like coronavirus or FLSA? By Sohini Das By 2030, China plans to become the world's leading country in artificial intelligence (AI). Artificial intelligence is taking the world by storm. 2019). Like many companies and organisations, courts are being transformed by digitisation. [Fed] FACE Protection Act (July 2019). Others say that it's the cause of the end of humanity. AI-enabled crimes of high concern: Deepfakes; driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled systems; large-scale blackmail; AI-authored fake news. They track and protect endangered wildlife in the African landscape. . if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. An underground forum discussion on Instagram bots. AI has been increasingly integrated into criminal and harmful activities, expanding existing vulnerabilities, and introducing new threats. Share this page. The SPC hopes to achieve the similar judgments for similar cases goal through artificial intelligence (AI) technology. World leaders have woken up to the potential of artificial intelligence (AI) over the past year. Because so many of a company's business operations can run into AI legal challenges, DLA Piper's legal team found many opportunities to start a discussion with several clients on the impact of AI. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. [CA] Res on 23 Asilomar AI Principles (Sep 2018). Artificial Intelligence. AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. "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. Job Losses Due to AI Automation. [7] 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. No one can question the explosive growth in the use of artificial intelligence ("AI"). else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Artificial intelligence and automation are responsible for a growing number of decisions by public authorities in areas like criminal justice, security and policing and public administration, despite having proven flaws and biases. Other law firms, like Littler Mendelson, Fisher Phillips and Proskauer Rose are increasing their focus on AI and have partners that offer legal advice and expertise on AI and its risks. v. Clickfox, Inc., 207 F. Supp. 12 (2d Cir. 1:19-cv-02906 (TNM), 2020 U.S. Dist. [emailprotected] var temp_style = document.createElement('style'); Providing legal advice includes contracting and licensing AI services and technologies and understanding how AI technologies interact with regulations, Tobey said. Partner, Seyfarth Shaw LLP We also made certain judgments as to what should be included. Irvine, CA 92614 [IL] AI Video Interview Act (effective Jan 2020). Most resumes that were used to build the algorithm came from men, and the system was taught to prefer male candidates. An example of this is an alleged deepfake video that features a Malaysian political aide engaging in sexual relations with a cabinet minister. Calderon v. Clearview AI, Inc., 2020 U.S. Dist. 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. In 2018, my proposed legislation, The AI Data Protection Act, was formalized into a House of Representatives Draft Discussion Bill. 3d 501 (S.D.N.Y. LEXIS 64131 (N.D. Ill. 2020); Namuwonge v. Kronos, Inc., 418 F. Supp. Salt Lake City, UT 84111 WildTrack is an environmental organization specializing in non-invasive wildlife monitoring. LEXIS 231235 (C.D. $("span.current-site").html("SHRM MENA "); } Paul Hastings LLP CFPB warnings of bias in AI could spook lenders. 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. Adam C. Buck Cal. 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). The plaintiff owners of the patents brought infringement actions, and defendants argued the claims were unpatentable algorithms that merely took a preexisting process and made it faster by automating it on a computer. For example, we saw a discussion on a blackhatworld[. $('.container-footer').first().hide(); Cir. 17-1387, 2018 U.S. Dist. Executive order 13859 (Feb. 2019) launching American AI Initiative intended to help coordinate federal resources to support development of AI in the US. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. 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. Senate Bill 5687 was introduced to propose a temporary stop to the use of facial recognition technology in public schools. However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. LEXIS 89411 (N.D. Ill. 2020) (applying Bryant v. Compass Group (summarized in this chapter) and concluding that the court lacked subject-matter jurisdiction over plaintiffs BIPA 15(a) claims because a violation of 15(a) is procedural and, thus, does not create a concrete and particularized Article III injury). [Somerville, MA] City ordinance was passed to ban the use of facial recognition technology by government agencies (July 2019). 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. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. 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))). Plaintiff brought suit alleging violation of BIPA. 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 (AI) seems to be catching the attention of a large section of people, no doubt because of the infinite possibilities [] 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. [CA] Anti- Eavesdropping Act (Assemb. 2. 6, 2017). See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. AI-enabled crimes . There are also clients currently embroiled in litigation. We note the Court has heard a number of cases foreshadowing the types of issues that will soon arise with respecting to artificial intelligence such as United States v. Am. Galanda Broadman, PLLC However, these technologies are also being abused for criminal and malicious purposes. 2040 Main St., 14th Floor [CA] AI Reporting (Feb 2019). The court found that BIPA codified individuals right to privacy in and control over their biometric identifiers and information. [emailprotected] Contributors Julia, Editors Carolyn G. Nussbaum 3d 1103 (N.D. Ill. 2015). [Fed] AI in Government Act (May 2019). Some say that it's a buzzword that doesn't really mean much. New York,, Editors Jessica Mendelson 3d 984 (N.D. Ill. 2019); Kiefer v. Bob Evans Farm, LLC, 313 F. Supp. They also help clear legal hurdles, such as aligning data rights policies across the company. 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 . 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