Secretary Michael Chertoff and Lucy Thomson (ABA): How is AI reshaping the legal landscape?
Aug 30, 2023
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Former United States Secretary of Homeland Security, Michael Chertoff, and ABA representative, Lucy Thomson, discuss the ways AI is reshaping the legal landscape. They explore AI's impact on civil litigation, the intersection of AI and security, and the challenges and limitations AI presents in the legal profession.
The American Bar Association is taking a leadership role in developing frameworks for responsible and trustworthy AI use, focusing on issues such as the impact of AI on the legal profession, risks and mitigation strategies, increasing access to justice, AI governance, and AI in legal education.
The importance of clear regulations and guidelines for AI use, with emphasis on three key areas: data accuracy, privacy and bias concerns, disclosure of AI-driven outputs, and human decision-making to maintain accountability and ethical use.
Deep dives
The ABA Task Force on AI: Guiding Lawyers on Ethical Use of AI
The American Bar Association (ABA) is taking a leadership role in developing frameworks for responsible and trustworthy AI use. The ABA AI Task Force will address issues such as the impact of AI on the legal profession, risks and mitigation strategies, AI challenges, increasing access to justice, AI governance, and AI in legal education. The task force aims to provide guidance, programs, webinars, and articles to help lawyers understand the implications, benefits, and risks of AI and ensure its responsible and trustworthy development. The ABA has also passed a policy resolution calling for human accountability, oversight, and control of AI systems.
The Three D's for AI Regulation: Data, Disclosure, and Decision Making
Secretary Michael Chertoff emphasizes the importance of clear regulations and guidelines for AI use, focusing on three key areas: data, disclosure, and decision-making. Data should be accurate, unbiased, and respect privacy rights. Disclosure is important to inform users about the AI-driven nature of certain outputs, such as videos or text. Decision-making should ultimately be in human hands, ensuring that AI does not replace human judgment in critical domains. These considerations will help address risks, ensure ethical use, and maintain human accountability.
Legal Challenges and Considerations for AI Use
The use of AI raises legal issues that lawyers and the legal system need to address. The ABA AI Task Force will examine topics such as AI's impact on the practice of law and ethical considerations for lawyers. Risks associated with AI, such as cybersecurity, privacy concerns, and bias, will also be addressed. Other areas of focus include the challenges posed by generative AI, increasing access to justice through AI, AI governance in terms of laws, regulations, and standards, and the integration of AI into legal education. The ABA is committed to providing guidance and education to lawyers and judges on these legal issues.
Application of existing laws and the role of litigation in AI regulation
The courts have a crucial role in addressing legal issues related to AI. Judges and lawyers need a deep understanding of AI technology to properly handle cases involving AI. Civil litigation plays a vital role in clarifying legal responsibilities and liabilities related to AI. The AI Task Force will work on educating judges, lawyers, and the public about AI's legal implications, risks, and benefits. The ABA has already taken steps in this regard, such as passing resolutions on AI-related issues and advocating for due process in the use of AI in the criminal justice system.
Tune into this week’s episode of In AI We Trust? with former United States Secretary of Homeland Security, Michael Chertoff, and Lucy Thomson (American Bar Association), to learn the ways in which AI is changing the legal landscape, how the ABA is tackling this issue (spoiler alert: we applaud the launch of the new AI TF), and to learn the Secretary’s “Three D's” of AI governance.
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