Additionally, I am the host of the ABAs AI.2day Podcast. Denver, CO 80202 May 2019). Part of the reasoning of the court was simple. LEXIS 109864 (N.D. Ill. 2020). App. 2016); Norberg v. Shutterfly, Inc., 152 F. Supp. 909 Poydras, Editors Ryan D. Dreveskracht* var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Given these very real differences in functionality, it stands to reason that the two products are directed to different consumers.. We saw a discussion thread on rstforums[. The court reasoned that requiring individuals to wait until theyve sustained some compensable injury beyond violation of their statutory rights before they can seek recourse would be antithetical to BIPAs purposes. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. 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. 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). 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. Cybercriminals are employing ML to improve algorithms for guessing users passwords. 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. 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. . 3. The court found that BIPA codified individuals right to privacy in and control over their biometric identifiers and information. 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. Byeongsook, Co-Editors Lee Applebaum 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. 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. It is possible that the AI technology applied in this bot can also imitate natural user movements such as selecting and dragging. The Public Interest Litigation, in this case, was dismissed as follows. 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. Ctr. Tim Farahnik 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. The main purposes of an artificially intelligent agent probably involve sensing, modelling, planning and action, but current AI applications also include perception, text analysis, natural language processing (NLP), logical reasoning, game-playing, decision support systems, data analytics, predictive analytics, as well as autonomous vehicles and Plaintiff vending machine customer filed class action against vending machine owner/operator, alleging violation of BIPA when it required her to provide a fingerprint scan before allowing her to purchase items. Requiring the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence. Need help with a specific HR issue like coronavirus or FLSA? 3d 984 (N.D. Ill. 2019); Kiefer v. Bob Evans Farm, LLC, 313 F. Supp. 4. } This article investigates the utilization of artificial intelligence (AI) in official courtrooms. We are excited to add many colleagues from other firms around the country to next years Chapter. A notable example is facial recognition. 2-CAMPBELL_06.24.20 (DO NOT DELETE) 6/25/2020 2:39 PM 324 COLO. TECH. This bot increases streaming counts (and subsequently, monetization) for specific songs. 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. Members can get help with HR questions via phone, chat or email. [Fed / NIST] US Leadership in AI (Aug 2019). 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. 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). using artificial intelligence ("AI") and, in particular, machine learning to make decisions. Mar. Providing legal advice includes contracting and licensing AI services and technologies and understanding how AI technologies interact with regulations, Tobey said. 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. 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]. Already AI is widespread, appearing in multiple contexts, from medical diagnosis to driving directions to stock trading to social networking to policing. 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. Search and download FREE white papers from industry experts. 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- Legislation to support the development of guidelines for ethical development of artificial intelligence. 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). 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. 16-1307-SLR, 2017 U.S. Dist. [CA] AI Reporting (Feb 2019). Most resumes that were used to build the algorithm came from men, and the system was taught to prefer male candidates. Senate Bill 1385 was introduced to establish a moratorium on the use of face recognition systems by state and local law enforcement. CASE SUMMARY FACTS. 101 California Street Artificial intelligence (AI) is a widely discussed topic in many fields including law. They used AI to re-create indigenous animal-tracking skills at scale. 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. Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. San, Editors Bradford K. Newman In fact, 37% of businesses and organizations have already integrated AI in some form within their systems and processes in 2020. Salt Lake City, UT 84111 [MA] An Act Establishing a Moratorium on Face Recognition (Jan 2019). Bill S 847 (Mar. 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.". How Cybercriminals Misuse and Abuse AI and ML, Malicious Uses and Abuses of Artificial Intelligence, a deepfake video of former US president Barack Obama, Diving Into End-to-End Deep Learning for Cybersecurity, Trend Micro Cloud App Security Report 2019, Foreseeing a New Era: Cybercriminals Using Machine Learning to Create Highly Advanced Threats, Credential Harvesting Campaign Targets Government Procurement Sites Worldwide, Faster and More Accurate Malware Detection Through Predictive Machine Learning: Correlating Static and Behavioral Features, The Gender-Equal Cybercriminal Underground, Understanding Ransomware Using Data Science, LockBit, BlackCat, and Royal Dominate the Ransomware Scene: Ransomware in Q4 2022, Leaked Today, Exploited for Life: How Social Media Biometric Patterns Affect Your Future, 5G and Aviation: A Look Into Security and Technology Upgrades Working in Tandem, An Analysis of Azure Managed Identities Within Serverless Environments, Using Custom Containers in Serverless Environments for Better Security, Mirai Variant Spotted Using Multiple Exploits, Targets Various Routers, A Look Into the Most Noteworthy Home Network Security Threats of 2017, View the 2023 Trend Micro Security Predictions, Exploiting AI: How Cybercriminals Misuse and Abuse AI and ML. So I was thrilled when the Section agreed that the Annual Review should include a new Chapter devoted entirely to AI. Cybercriminals are also weaponizing AI frameworks for hacking vulnerable hosts. [Somerville, MA] City ordinance was passed to ban the use of facial recognition technology by government agencies (July 2019). 2020). See, e.g., Kaavo Inc. v. Amazon.com, Inc., 323 F. Supp. 2040 Main St., 14th Floor New York,, Editors Jessica Mendelson SecurityWeek spoke to Sohrob Kazerounian, brother of the Kazerounian involved in the CFHC case, and himself AI research lead at Vectra AI. 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. Winter 201 57 Artificial Intelligence in Weapons The Moral Imperative for Minimally-Just Autonomy Jai Galliott and Jason Scholz Disclaimer: The views and opinions expressed or implied in the Journal are those of the authors and should not be construed as carrying the official sanction of the Department of Defense, Air Force, Air Education and Training Command, Air Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. We expect to see criminals exploiting AI in various ways in the future. 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. Seyfarth Shaw LLP But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. } 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. There is clear evidence that AI mimics certain operations of the human mind. Artificial Intelligence (AI) seems to be catching the attention of a large section of people, no doubt because of the infinite possibilities [] Bills S 1108, HR 2231 (Apr. For example, we omitted certain BIPA cases that did not add any additional information to those we have presented in this Chapter. The 64-page complaint characterizes Google as a "monopoly gatekeeper for the internet" and spells out the reasoning behind the lawsuit in detail, documenting the company's beginning at Stanford. AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. In a recent interview, Sam. Neals v. PAR Technology Corp., 419 F. Supp. 18-cv-07548-EDL, 2019 U.S. Dist. This aspect of the digital world and its . 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). Researchers at University College London have developed a machine algorithm that can learn a person's handwriting and replicate it with frightening accuracy. Require that certain businesses conduct automated decision system and data protection impact assessments of their automated decision system and information systems. 2016). 1:19-cv-02906 (TNM), 2020 U.S. Dist. They also help clear legal hurdles, such as aligning data rights policies across the company. Unfortunately, Naruto couldn't be reached for comment. 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. 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. 2016); eResearch Tech., Inc. v. CRF, Inc., 186 F. Supp. The recent National Judicial Data Grid (NJDG) shows that 3,89,41,148 cases are pending at the . LivePerson, Inc. v. 24/7 Customer, Inc., 83 F. Supp. 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. Elec. Artificial Intelligence. 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. } [Fed] H R Res 153 (Feb 2019). AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. Companies, counsel, and the courts will, at times, struggle to grasp technical concepts and apply existing law in a uniform way to resolve business disputes. 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). Bryant v. Compass Group USA, Inc., 958 F.3d 617 (7th Cir. In contrast, the Court of Appeals held that a violation of 15(b) (requiring private entities make certain disclosures and receive informed consent from consumers before obtaining biometric identifiers and information) of BIPA did result in a concrete injury (plaintiffs loss of the power and ability to make informed decisions about the collection, storage and use of her biometric information) and she, therefore, had standing and her claim could proceed in federal court. Thus, tracking and understanding the emerging body of law is critically important for business lawyers called on to advise clients in this area. 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. CASE SUMMARY FACTS. 560 Mission Street Partner, Seyfarth Shaw LLP McRO, Inc. v. Bandai Namco Games America, Inc., 837 F.3d 1299 (Fed. LEXIS 94926 (S.D.N.Y. Irvine, CA 92614 In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. May 2, 2019) (denying Amazons motion to dismiss Williams-Sonomas service mark infringement case noting it would not be plausible to presume that Amazon conducted its marketing of Williams-Sonomas products without some careful aforethought (whether consciously in the traditional sense or via algorithm and artificial intelligence)). San Francisco,, Editors Facial recognition systems are entering public spaces without any clear accountability or oversight. - New Artificial Intelligence (AI) technology is being integrated into all industries. 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. Legislation directed to research on cybersecurity and algorithm accountability, explainability and trustworthiness. [Fed] Maintaining Am Leadership in AI (Feb 2019). 3d 1103 (N.D. Ill. 2015). Cybercriminals are also abusing AI to imitate human behavior. 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. Knobbe Martens Due to the nature of the underlying technology and the complexity of facial recognition, the subject matter necessarily involve issues of algorithmic/artificial intelligence. 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. Deepfakes have great potential to distort reality for many individuals for nefarious purposes. 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. Restrict federal government from using a facial recognition technology without a court order. 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). 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. Developing machine learning algorithms with information that consists of inherent bias and implementing a system built by people with their own biases may lead to a court case involving evidence of discrimination that is hard for employers to fight, said Elliot Dinkin, chief executive officer of Cowden Associates, a Pittsburgh-based HR consulting firm. Billions of dollars in governmental funding have been announced, dozens of hearings have been held, and nearly 20 national plans have been adopted.In the past couple of months alone, Canada and France launched the International Panel on AI (IPAI), modeled on the Intergovernmental Panel on Climate . However, the notion of the rule of law defies the phenomenon . 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. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Abstract Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. Defendant worked for the plaintiff as director of its labs in Silicon Valley, managing engineers and programmers on work related to autonomous driving. 2017) (affirmed in relevant part by Santana v. Take-Two Interactive Software, Inc., 717 Fed.Appx. 1 At least one defendant has raised on appeal unsuccessfully a due process challenge to the use of this new technology for such purposes. (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 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. product misuse, failure to update, or physical damage, a product with AI causing injury or property damage may suffice to prove a defect claim. Artificial Intelligence can help reduce pendency of cases, increase efficiency of judiciary. Therefore, the court found also that a violation of BIPA is not merely technical, but rather the injury is real and significant.. [CA] Anti- Eavesdropping Act (Assemb. The court concluded that the National Security Commission on Artificial Intelligence is subject to both the Freedom of Information Act and the Federal Advisory Committee Act. Promoting a 21st century artificial intelligence workforce. 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. We confidently predict the cases we report will increase exponentially year over year. Artificial intelligence (AI) is a widely discussed topic in many fields including law. Prohibiting a person or entity from providing the operation of a voice recognition feature within the state without prominently informing the user during the initial setup or installation of a smart speaker device. Press Ctrl+C to copy. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. 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. 148 (Va. Cir. 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. Bertuccelli v. Universal City Studios LLC, No. 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. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Giovanna, Editor This project aims to study 5 Artificial Intelligence Case Studies. There were no qualifying decisions within the Eleventh Circuit. Rights policies across the company work related to autonomous driving via phone, chat or email ( 2019. Amazon.Com, Inc., 958 F.3d 617 ( 7th Cir learn a 's. Higher levels of automation and autonomy adoption in the future colleagues from other firms around country... 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