Artificial intelligence is impacting the judicial system and raising questions in some areas around user data and privacy.<\/p>\n
U.S. district judges in New York and Michigan recently came to different conclusions in two cases dealing with the idea of a client’s legal rights and AI.<\/p>\n
Is attorney-client privilege waived when data is shared with artificial intelligence?\u00a0<\/p>\n
When the information is put into an AI tool, that information may no longer be private and may be accessible by the opposing side.<\/p>\n
In February, a federal judge in the Southern District of New York ruled that what a defendent put into AI was not protected.<\/p>\n
For Onondaga County Court Judge Matthew Doran, his advice for people involved in litigation is to share information with their attorneys, not AI.<\/p>\n
Sharing information publicly such as through AI, he said, could compromise a party\u2019s position in trial.<\/p>\n
“Most things are vetted well before the trial ever happens because that’s fair, right? Both sides get to see the other side’s evidence and prepare for it and deal with it before the trial and before the jury sees it. Well, what happens if that information has been shared in AI? Is it subject to the discovery process or not?” Doran said.<\/p>\n
It comes down to who owns the data \u2014 the user or the AI company?\u00a0<\/p>\n
“A lot of cutting-edge companies dealing with intellectual property and new ideas, there are different AI platforms that you have a contractual relationship with. And one of the provisions of that contract is who owns that data. And so that’s a new area as well. It’s because how do you protect that?” Doran said.<\/p>\n
The judge said he tested AI with legal questions for this story, and while the answers sounded good, a couple of the cases it mentioned weren\u2019t even real. But, he said many lawyers are using AI to help file legal briefs.<\/p>\n
The New York State Unified Court System released an interim policy on the use of artificial intelligence to outline guardrails ensuring fairness, accountability and security in the use of AI.<\/p>\n","protected":false},"excerpt":{"rendered":"Artificial intelligence is impacting the judicial system and raising questions in some areas around user data and privacy.…\n","protected":false},"author":2,"featured_media":6444,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[24,25,5924,5923,1672,66,65],"class_list":{"0":"post-6443","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-ai","8":"tag-ai","9":"tag-artificial-intelligence","10":"tag-central-ny","11":"tag-melissa-krull","12":"tag-new-york-state","13":"tag-news","14":"tag-vod"},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts\/6443","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/comments?post=6443"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/posts\/6443\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/media\/6444"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/media?parent=6443"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/categories?post=6443"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ai\/wp-json\/wp\/v2\/tags?post=6443"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}