Byeongsook, Co-Editors Lee Applebaum [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). Vol. WildTrack on SAS Viya. NIST to establish standards to support reliable, robust and trustworthy AI. 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]. 3d 279 (N.D. Ill. 2019); Treadwell v. Power Solutions International Inc., 427 F. Supp. This is why it remains urgent to gain an understanding of the capabilities, scenarios, and attack vectors that demonstrate how these technologies are being exploited. [NY] NYC (Jan 2018). (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 1801 Market Street, 11th Floor [Somerville, MA] City ordinance was passed to ban the use of facial recognition technology by government agencies (July 2019). Hatteberg v. Capital One Bank, N.A., 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. [Fed] AI Initiative Act (May 2019). Visibility and monitoring of open source vulnerabilities for SecOps. [2] As noted in our introduction, we made certain judgment calls with respect to which cases to include. [CA] B O T Act SB 1001 (effective July 2019). document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 16-1307-SLR, 2017 U.S. Dist. 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. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. $('.container-footer').first().hide(); LEXIS 231235 (C.D. Click on the box below. For instance, we saw a Torum user who expressed interest in the use of DeepExploit, an ML-enabled penetration testing tool. Bill S 847 (Mar. 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. In March of this year, law firm Paul Hastings launched an AI practice group to help clients deploying AI-driven services and products. They also help clear legal hurdles, such as aligning data rights policies across the company. Legislation to support the development of guidelines for ethical development of artificial intelligence. 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. 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)). 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.. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Heard v. Becton, Dickinson & Co., 2020 U.S. Dist. 2016). 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. Man-made intelligence is also known as AI which brings up quite a few issues for courts and judges. [CA] AI Reporting (Feb 2019). Sys. 3d 763 (N.D. Ill. 2015). 2019) (noting that [p]roving that an actual person is behind something like a social-networking account becomes increasingly important in an era when Twitter bots and other artificial intelligence troll the internet pretending to be people). Please log in as a SHRM member before saving bookmarks. 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. However, there have been some recent cases in which courts have admitted evidence from artificial intelligence devices. Ct. App. Protecting AI through patents and intellectual property is another hot area. Kloss v. Acuant, Inc., 2020 U.S. Dist. Dec. 18, 2018); Purepredictive, Inc. v. H20.AI, Inc., No. Members may download one copy of our sample forms and templates for your personal use within your organization. Please enable scripts and reload this page. Paul Hastings LLP 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. Others say that it's the cause of the end of humanity. The dawn of digital disruption in courts. 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. AI-powered job automation is a pressing concern as the technology is . 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. [7] Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. Los Angeles,, Recent Developments in Artificial Intelligence Cases 2021, Business Regulation & Regulated Industries, Recent Developments in Business and Corporate Litigation, Diversity and Inclusion in the Profession, By: Business and Corporate Litigation Committee, Business Law Section, American Bar Association, Business and Corporate Litigation Committee, Business Law Section, American Bar Association. Partner, Seyfarth Shaw LLP AI is increasingly being used in fields such as journalism, law and accountancy, though . } 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 . For example, along with its 2019 Revised Patent Subject Matter Eligibility Guidance (the "2019 PEG"), the USPTO provided several example patent . 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 Force v. Facebook, Inc., 934 F.3d 53 (2d Cir. LEXIS 95508 (D.D.C. 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. They used AI to re-create indigenous animal-tracking skills at scale. Employment discrimination and criminal sentencing provide two examples. Please purchase a SHRM membership before saving bookmarks. Ill. 2018); Rivera v. Google Inc., 238 F. Supp. 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. 2019). 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 firms are preparing for what they believe is inevitable: AI-related lawsuits. Autonomous vehicle companies brought, inter alia, trade secret misappropriation claims against former director and officer and his competing company. Principal, Litigation 17-1387, 2018 U.S. Dist. However, the notion of the rule of law defies the phenomenon . Additionally, I am the host of the ABAs AI.2day Podcast. Defendant had signed a confidentiality and noninterference agreement. Dorsey & Whitney, LLP 2015) (determining plaintiff adequately pleaded possession and misappropriation of a trade secret where plaintiff alleged its predictive algorithms and proprietary behavioral analysis methods were based on many years of expensive research and were secured by patents, copyrights, trademarks and contractual provisions). Zaletel v. Prisma Labs, Inc., No. [Fed] GrAITR Act (Apr 2019). As W. Edwards Deming said, "A bad system will beat a good person every time." 2. Artificial intelligence and automation are responsible for a growing number of decisions by public authorities in areas like criminal justice, security and policing and public administration, despite having proven flaws and biases. Legal studies scholars, particularly in the domain of technology and internet law, have expressed their hopes and concerns regarding AI. 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. 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. . In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. Nicole Lewis is a freelance journalist based in Miami. We expect to see criminals exploiting AI in various ways in the future. More traditional approaches, such as HashCat and John the Ripper, already exist and compare different variations to the password hash in order to successfully identify the password that corresponds to the hash. 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. Share this page. [NY] Prohibits Use of Facial Recog. There is clear evidence that AI mimics certain operations of the human mind. Micro and macro trends can only be identified by surveying cases around the country. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. July 13, 2017); Nice Sys. 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