$(document).ready(function () { var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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 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. AI, a subfield of computer science that is interconnected with other disciplines, promises greater efficiency and higher levels of automation and autonomy. The real estate industry has not been left behind in this revolution. Kathleen Cahill Slaught (Chair) No one can question the explosive growth in the use of artificial intelligence ("AI"). LEXIS 212336 (D. Del. Cases where the harm is alleged to have been caused by AI-based computers or systems ask the court to unravel novel technology and apply ill-fitting case law to make determinations of liability. SPV Paul Raj v. The Chief of Electoral Officer and Anr. Snell & Wilmer L.L.P. To avoid detection, it makes use of multiple proxies. Artificial Intelligence (AI) is used in cyber security to quickly analyze millions of events and identify numerous types of threats, such as malware that exploits zero-day vulnerabilities and malicious software that may lead to phishing attacks. Among these tools is an AI-based software that can analyze a large dataset of passwords retrieved from data leaks. 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). This aspect of the digital world and its . Some enterprises, with the help of ML- and AI-powered tools, are able to build highly profitable businesses such as Amazon, which reached a trillion-dollar business valuation in 2018. LEXIS 30868 (D. Del. AI and ML technologies have many positive use cases, including visual perception, speech recognition, language translations, pattern-extraction, and decision-making functions in different fields and industries. 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. An example of this is an alleged deepfake video that features a Malaysian political aide engaging in sexual relations with a cabinet minister. Require that certain businesses conduct automated decision system and data protection impact assessments of their automated decision system and information systems. On an underground forum post from February 2020, we found a GitHub repository that features a password analysis tool with the capability to parse through 1.4 billion credentials and generate password variation rules. I use 'artificial intelligence' as a shorthand for self-directed and self-adaptive computer activity. Artificial intelligence (AI) is swiftly fueling the development of a more dynamic world. 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 The AI predicted the verdicts to an accuracy of 79%, according to the scientists involved. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 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. Executive order 13859 (Feb. 2019) launching American AI Initiative intended to help coordinate federal resources to support development of AI in the US. May 2019). Search and download FREE white papers from industry experts. 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. LEXIS 109864 (N.D. Ill. 2020). Its growing appeal and utility are undeniable. WeRide Corp. v. Kun Huang, 379 F. Supp. AI Litigation Database This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. FRANKFURT (Reuters) - Rapid advances in artificial intelligence are raising risks that malicious users will soon exploit the technology to mount automated hacking attacks, cause driverless car. LEXIS 226300, at *36 (N.D. Cal. In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. Rogers v. CSX Intermodal Terminals, Inc., 409 F. Supp. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. [CA] Anti- Eavesdropping Act (Assemb. Oct. 16, 2018) (determining that protections exist such as protective orders and the Federal Rules of Evidence that prohibit a party from using artificial intelligence to identify non-responsive documents without identifying a cut-off point for some manner of reviewing the alleged non-responsive documents). 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. For example, we omitted several patent cases directed to subject-matter eligibility that we felt did not substantiate additional insight to those we have presented in this Chapter. Elec. 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). Aug. 29, 2017); Power Analytics Corp. v. Operation Tech., Inc., No. 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). Autonomous vehicle companies brought, inter alia, trade secret misappropriation claims against former director and officer and his competing company. [Fed / NIST] US Leadership in AI (Aug 2019). Sohini Das. LEXIS 64131 (N.D. Ill. 2020); Namuwonge v. Kronos, Inc., 418 F. Supp. 2-CAMPBELL_06.24.20 (DO NOT DELETE) 6/25/2020 2:39 PM 324 COLO. TECH. As James Williams points out in his book Stand Out of Our Light: At "fault" are more often the emergent dynamics of complex multiagent systems rather than the internal decision-making dynamics of a single individual. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. 4. Adam C. Buck LEXIS 95508 (D.D.C. Nixon Peabody LLP Like many companies and organisations, courts are being transformed by digitisation. 3. Applicants must also agree to be evaluated by the technology. 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 . There are also clients currently embroiled in litigation. 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. Another bill recently proposed by Sens. 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. As HR managers use artificial intelligence (AI) to make recruiting decisions, evaluate employee performance, and decide on promotions and firings, HR executives should know that several law. Plaintiff brought suit alleging violation of BIPA. 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. 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. They track and protect endangered wildlife in the African landscape. Please log in as a SHRM member. Artificial intelligence (AI) is a widely discussed topic in many fields including law. LEXIS 110574 (N.D. Ill. 2020); Figueroa v. Kronos Incorporated, 2020 U.S. Dist. Legislation to support the development of guidelines for ethical development of artificial intelligence. Cory Booker, D-N.J., and Ron Wyden, D-Ore., is the Algorithmic Accountability Act of 2019, which calls on the Federal Trade Commission to establish rules for evaluating "highly sensitive" automated systems. Ctr. Together with machine learning (ML) a subfield of AI that analyzes large volumes of data to find patterns via algorithms enterprises, organizations, and governments are able to perform impressive feats that ultimately drive innovation and better business. 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. However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. } Due to the nature of the underlying technology and the complexity of facial recognition, the subject matter necessarily involve issues of algorithmic/artificial intelligence. In 2018, Buzzfeed worked together with actor and director Jordan Peele to create a deepfake video of former US president Barack Obama with the aim of raising awareness about the potential harm that deepfakes can wreak and how important it is to exercise caution before believing internet posts including realistic-looking videos. 1696-2017) required the creation of a task force for providing recommendations on how information on agency automated decision systems may be shared with the public and how agencies may address situations where people are harmed by such agency automated decision systems. 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. 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. }); if($('.container-footer').length > 1){ ]to claims to have the capability to mimic several Spotify users simultaneously. Knobbe Martens 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. Pa. 2016); Neochloris, Inc. v. Emerson Process Mgmt. 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. They also help clear legal hurdles, such as aligning data rights policies across the company. The most recent wave of technology is based upon artificial intelligence (AI) and promises to change the ways in which judicial decisions are taken. In the future, this will lead to more accurate and targeted password guesses and higher chances for profit. This can lead to faster and more accurate defrauding of businesses through various attacks, including phishing and business email compromise (BEC) scams. 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. There were no qualifying decisions within the Tenth Circuit. This avoids the need at least for now to go into detailed debates about which party is liable in case of injury and wait for the courts to decide on matters or for authorities to issue complex regulation. . The truth is that artificial intelligence (AI) is starting a technological revolution, and while AI has yet to take over the world, there's a more pressing concern that we've already encountered . 17-1387, 2018 U.S. Dist. 601 South Figueroa Street Suite 3300 The following are the facts of the case: Please enable scripts and reload this page. 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. CASE SUMMARY FACTS. Enterprises and organizations are facing a period of transition and uncertainty malicious actors will hunker down and reuse tried-and-tested tools and techniques.View the 2023 Trend Micro Security Predictions, In our midyear security roundup, we highlight the most significant security stories that made a considerable impact on the threat landscape in the first half of 2022 amid a diffused labor pool and a widening digital attack surface.View the report, Privacy | Legal | Accessibility | Site map, Copyright 2023 Trend Micro Incorporated. Ironically, deepfakes can be a useful tool for educating people on their possible misuses. Because of the wide use of the internet and social media, deepfakes can reach millions of individuals in different parts of the world at unprecedented speeds. The software ensures that it enhances its password-guessing capability by training a GAN to learn how people tend to alter and update passwords, such as changing hello123 to h@llo123, and then to h@llo!23.. 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. [CA] Res on 23 Asilomar AI Principles (Sep 2018). Nicole Lewis is a freelance journalist based in Miami. . Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Before any substantive federal legislation is enacted, many legal issues related to AI will play out in state and federal courts around the country. Irvine, CA 92614 [SF and Oakland, CA] City ordinances were passed to ban the use of facial recognition software by the police and other government agencies (June, July 2019). 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. [Fed] Maintaining Am Leadership in AI (Feb 2019). Aside from these, we also saw a post listing a collection of open-source hacking tools on cracked[.]to. Our process begins with an on-site evaluation of your property to identify vulnerabilities and problem areas that need to be protected. 2020). Requiring federal government activities related to AI, including implementing a National Artificial Intelligence Research and Development Initiative. L.J. 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. Kloss v. Acuant, Inc., 2020 U.S. Dist. SecurityWeek spoke to Sohrob Kazerounian, brother of the Kazerounian involved in the CFHC case, and himself AI research lead at Vectra AI. 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. The court expressly acknowledged that one day courts may have to determine whether machine learning and artificial intelligence resulted in software altering itself and inserting an arbitration clause after the fact. Abstract Micro and macro trends can only be identified by surveying cases around the country. Ct. App. 18-cv-07548-EDL, 2019 U.S. Dist. Enacted bill SB 1001 (eff. 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]. ]com pertaining to PWnagotchi 1.0.0, a tool that was originally developed for Wi-Fi hacking through de-authentication attacks. ", [SHRM members-only toolkit:Screening by Means of Pre-Employment Testing]. LEXIS 182255 (N.D. Cal. PWnagotchi 1.0.0 uses a neural network model to improve its hacking performance via a gamification strategy: When the system successfully de-authenticates Wi-Fi credentials, it gets rewarded and learns to autonomously improve its operation. 216-696-2476 Find the latest news and members-only resources that can help employers navigate in an uncertain economy. 3d 834 (N.D. Cal. It covers cases from complaint forward - as soon as we learn of them - whether or not they generate published decisions. 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