However, as AI seeps into more areas of daily life, it's becoming clear that its misuse can lead to serious harm, leading the UN to call for strong, international regulation of the technology. Mich. 2016). Part of the reasoning of the court was simple. Cal. 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. There is clear evidence that AI mimics certain operations of the human mind. 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. In re C.W., 2019-Ohio-5262 (Oh. [Somerville, MA] City ordinance was passed to ban the use of facial recognition technology by government agencies (July 2019). 3d 984 (N.D. Ill. 2019); Kiefer v. Bob Evans Farm, LLC, 313 F. Supp. Providing legal advice includes contracting and licensing AI services and technologies and understanding how AI technologies interact with regulations, Tobey said. 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. 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. "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. LEXIS 30868 (D. Del. Click on the box below. A combination of deep learning and fake media, deepfakes are perfectly suited for use in future disinformation campaigns because they are difficult to immediately differentiate from legitimate content, even with the use of technological solutions. There were no qualifying decisions within the Eighth Circuit. Naruto retained the services of People for the Ethical Treatment of Animals ("PETA") to sue Mr. Slater and his publishers for copyright infringement. Knobbe Martens Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. Press Ctrl+C to copy. Introduction. There are also clients currently embroiled in litigation. Div. 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. 601 South Figueroa Street Suite 3300 2019). 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. Add this infographic to your site:1. Judge Cathy Ann Bencivengo and Magistrate Judge Allison H. Goddard are assigned to the case. - New Artificial Intelligence (AI) technology is being integrated into all industries. 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. People v. Wakefield, 175 A.D.3d 158 (N.Y. App. Ironically, deepfakes can be a useful tool for educating people on their possible misuses. } Defendant had signed a confidentiality and noninterference agreement. Executive order 13859 (Feb. 2019) launching American AI Initiative intended to help coordinate federal resources to support development of AI in the US. product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. There is a growing interest in legislation that will impact how companies use AI tools. 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. CASE SUMMARY FACTS. Patel v. Facebook, Inc., 932 F.3d 1264 (9th Cir. 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). (May 2019). However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. v. Natl Sec. 2019). 17-cv-03049, 2017 U.S. Dist. Cleveland, OH 44113 SA CV 19-1425-DOC-KES, 2019 U.S. Dist. 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. Legislation directed to research on cybersecurity and algorithm accountability, explainability and trustworthiness. Seizing on its powerful predictive capabilities, private sector companies and government entities alike now employ machine-learning ("ML") algorithms to assist in diverse applications ranging from detecting and preventing fraudulent online credit card transactions to optimizing traffic flow to . [CA] AI Reporting (Feb 2019). Requiring the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence. The court concluded that the plaintiff had a strong likelihood of success on the merits of its breach of contract claim. 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). Aside from these, AI could also be used to harm or inflict physical damage on individuals in the future. 4. Most resumes that were used to build the algorithm came from men, and the system was taught to prefer male candidates. 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. 2. Judiciaries around the world are moving from paper-based to electronic and online systems. 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 463 (W.D. Seattle,, Editor Byeongsook Seo 12 (2d Cir. By working toward such an understanding, we can be better prepared to protect systems, devices, and the general public from advanced attacks and abuses. This can lead to faster and more accurate defrauding of businesses through various attacks, including phishing and business email compromise (BEC) scams. Tim Farahnik Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. 16-cv-07013-LHK (SVK), 2018 U.S. Dist. The capabilities of Artificial Intelligence (AI) evolve rapidly and affect almost all sectors of society. $('.container-footer').first().hide(); LLP, 140 F. Supp. Acaley v. Vimeo, 2020 U.S. Dist. Ctr. 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). Baker, Editor Walter Fritz Metzinger The Supreme Court and High Courts have time and again warned against such conduct. 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. $("span.current-site").html("SHRM China "); $("span.current-site").html("SHRM MENA "); 3d 393 (D. Del. Through this AI-supported impersonation, cybercriminals can then monetize the malicious system to generate fraudulent streams and traffic for a specific artist. Ocean Tomo, LLC v. PatentRatings, LLC, 375 F. Supp. Crawford noted historical cases of registry abuse, including IBM's role in enabling Nazi Germany to track Jewish, Roma and other ethnic groups with the Hollerith Machine, and the Book of Life. Request a Free Site Design if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Please log in as a SHRM member before saving bookmarks. 560 Mission Street L1 1801 Market Street, 11th Floor [Fed] FUTURE of AI Act (Dec 2017). Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { 3d 868 (E.D. Aside from these, we also saw a post listing a collection of open-source hacking tools on cracked[.]to. In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. 3d 763 (N.D. Ill. 2015). 111 S. Main Street, Suite 2100 In a recent interview, Sam. [NY] NYC (Jan 2018). The AI predicted the verdicts to an accuracy of 79%, according to the scientists involved. 2-CAMPBELL_06.24.20 (DO NOT DELETE) 6/25/2020 2:39 PM 324 COLO. TECH. 2016). 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 which cybercriminals might abuse these technologies for ill gain. 3d 966 (C.D. Fifth Circuit Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. 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 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. 2019) intended to require companies to regularly evaluate their tools for accuracy, fairness, bias, and discrimination.. This article investigates the utilization of artificial intelligence (AI) in official courtrooms. 3d 630 (D. Del. For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. In general, courts have been reluctant to admit evidence from artificial intelligence devices. 1200 17th Street, Suite 1900 Denver, CO 80202 A notable example is facial recognition. Snell & Wilmer L.L.P. 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. 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 . Please log in as a SHRM member. Tucker Ellis LLP Provide notice and explainability requirements for recorded video interviews. Legislation to support the development of guidelines for ethical development of artificial intelligence. 1215 was introduced to prohibit law enforcement agencies and officials from using any biometric surveillance system, including facial recognition technology, in connection with an officer camera or data collected by the camera. 17-1387, 2018 U.S. Dist. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Rochester, New York 14604, Editors Dustin P. Smith This aspect of the digital world and its . Defendant worked for the plaintiff as director of its labs in Silicon Valley, managing engineers and programmers on work related to autonomous driving. 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). Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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). Principal, Litigation and minimize misuse and the impact of . Dorsey & Whitney, LLP 3d 501 (S.D.N.Y. For years, I have been at the forefront of advocating for rational federal regulation of AI and have published on AI ethics and fairness.I frequently represent clients with legal issues related to both commercial and embedded AI. [1], Rosenbach v. Six Flags Entertainment Corporation, 129 N.E.3d 1197 (Ill. 2019). It covers cases from complaint forward - as soon as we learn of them - whether or not they generate published decisions. We are pleased to present the inaugural Chapter on Artificial Intelligence. The SPC hopes to achieve the similar judgments for similar cases goal through artificial intelligence (AI) technology. He said DLA Piper's AI team includes lawyers who ensure that AI systems comply with anti-discrimination and other laws, looking at questions of both intent and impact. [Fed] No Biometric Barriers to Housing Act (July 2019). In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. The court held that Facebook was a publisher protected by Section 230 of the Communications Decency Act and that the term publisher under the Act was not so limited that Facebooks use of algorithms to match information with users interests changed Facebooks role as a publisher. [NJ] New Jersey Algorithmic Accountability Act (May 2019). Forty-Eighth Floor Sevatec, Inc. v. Ayyar, 102 Va. Cir. NIST to establish standards to support reliable, robust and trustworthy AI. 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 . But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. 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. Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. (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 An artificial intelligence system has correctly predicted the outcomes of hundreds of cases heard at the European Court of Human Rights, UCL researchers have claimed. 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. Sys. [Fed] Maintaining Am Leadership in AI (Feb 2019). Vigil v. Take-Two Interactive Software, Inc., 235 F. 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