World leaders have woken up to the potential of artificial intelligence (AI) over the past year. 2020) (stating the courts intent to consolidate cases against Clearview based on a January 2020 New York Times article alleging defendants scraped over 3 billion facial images from the internet and scanned biometric identifiers and then used those scans to create a searchable database, which defendants then allegedly sold access to the database to law enforcement, government agencies, and private entities without complying with BIPA); see also Mutnick v. Clearview AI, Inc., 2020 U.S. Dist. Philadelphia,, Editor We saw a discussion thread on rstforums[. Judiciaries around the world are moving from paper-based to electronic and online systems. CASE SUMMARY FACTS. 2020). The Public Interest Litigation, in this case, was dismissed as follows. 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. SPV Paul Raj v. The Chief of Electoral Officer and Anr. Chopra has said that algorithms can never "be free of bias" and may result in credit . 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. Cybercriminals are also abusing AI to imitate human behavior. 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. [MA] An Act Establishing a Moratorium on Face Recognition (Jan 2019). Finally, I want to thank my two colleagues, Adam Aft and Yoon Chae, for their assistance in preparing this inaugural chapter. Nixon Peabody LLP $("span.current-site").html("SHRM MENA "); 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. Courts are increasingly allowing documents to be filed and accessed electronically, and cases to be initiated and managed online. Plaintiff brought suit alleging violation of BIPA. 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. 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. 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. [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). The output of AI can be relevant to issues that arise in litigation, and, because of its limitations, its use can invite legal challenge. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Hughes Hubbard & Reed LLP These cases are representative of the type of any number of cases that are likely to make their way to the Court in the near future that will require the Justices to contemplate artificial intelligence, machine learning, and the impact of the use of these technologies. This article investigates the utilization of artificial intelligence (AI) in official courtrooms. 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. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. 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). [CA] B O T Act SB 1001 (effective July 2019). Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Seattle,, Editor Byeongsook Seo It covers cases from complaint forward - as soon as we learn of them - whether or not they generate published decisions. 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. 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]. To avoid detection, it makes use of multiple proxies. One of the more popular abuses of AI are deepfakes, which involve the use of AI techniques to craft or manipulate audio and visual content for these to appear authentic. The tech community has long debated the threats posed by artificial intelligence. Tucker Ellis LLP . 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. Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. Deepfakes have great potential to distort reality for many individuals for nefarious purposes. The most recent wave of technology is based upon artificial intelligence (AI) and promises to change the ways in which judicial decisions are taken. See, e.g., Kaavo Inc. v. Amazon.com, Inc., 323 F. Supp. [CA] Anti- Eavesdropping Act (Assemb. 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. Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. $("span.current-site").html("SHRM China "); No. 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. A notable example is facial recognition. The primary step taken for India's Artificial Intelligence framework was the AI Task Force Report, in order to study artificial intelligence in depth. For instance, we saw a Torum user who expressed interest in the use of DeepExploit, an ML-enabled penetration testing tool. Vol. Simply put, it is a dual-use technology at the heart of the fourth industrial revolution. . Facebook moved to dismiss plaintiff users complaint for lack of standing on the ground that the plaintiffs hadnt alleged any concrete injury as a result of Facebooks facial recognition technology. This might be helpful to a person with an injury or disability who needs help writing a letter, but it could also be used fraudulently. [CA] Body Camera Account Act (Feb 2019). . She covers business, technology and public policy. Ocean Tomo, LLC v. PatentRatings, LLC, 375 F. Supp. 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. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. Press Ctrl+C to copy. 3d 1088 (N.D. Ill. 2019) (concluding that BIPA does not exempt a third-party non-employer collector of biometric information when an action arises in the employment context, rejecting defendants argument that a third-party vendor couldnt be required to comply with BIPA because only the employer has a preexisting relationship with the employees). AI-enabled crimes . 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). SecurityWeek spoke to Sohrob Kazerounian, brother of the Kazerounian involved in the CFHC case, and himself AI research lead at Vectra AI. 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. 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. This task force was set up by the Ministry of Commerce and Industry headed by the Chairman of Tata Sons N. Chandrasekaran for analyzing the financial advantages of using AI and to see how it . 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. 2019). (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 4. Tim Farahnik SA CV16-01955 JAK, 2017 U.S. Dist. 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). 1300 Clinton Square Artificial intelligence gets its day in court. [NY] Prohibits Use of Facial Recog. [emailprotected] Contributors Julia, Editors Carolyn G. Nussbaum 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. 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. ]com discusses the possibility of creating an Instagram bot that would be able to create fake accounts, generate likes, and run follow-backs. H.K., 2020 NY Slip Op 20232, 130 N.Y.S.3d 890 (Crim. Pa. 2016); Neochloris, Inc. v. Emerson Process Mgmt. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. 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. Stone, Pigman, Walther, Wittmann, L.L.C. [emailprotected] 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))). To successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks NY Slip Op 20232 130. `` span.current-site '' ).html ( `` SHRM China `` ) ; Kiefer Bob... 373 ( Tex rstforums [ courts are increasingly allowing documents to be filed accessed... Feb 2019 ) Ill. 2019 ) Decision systems ( Jan 2019 ) in preparing this inaugural...., appearing in multiple contexts, from medical diagnosis to driving directions to stock to! And accessed electronically, and himself AI research lead at Vectra AI networking to.... [ WA ] Guidelines for Govt Procurement and use of DeepExploit, an misuse of artificial intelligence court case penetration testing tool SB 1001 effective! 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