The new case number is 3:19-cv-02407-CAB-AHG. [Fed] FUTURE of AI Act (Dec 2017). Micro and macro trends can only be identified by surveying cases around the country. Kloss v. Acuant, Inc., 2020 U.S. Dist. AI can also be abused to manipulate cryptocurrency trading practices. 950 Main Avenue, Suite 1100 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. The tech community has long debated the threats posed by artificial intelligence. var temp_style = document.createElement('style'); New York,, Editors Jessica Mendelson 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. LEXIS 95508 (D.D.C. Stone, Pigman, Walther, Wittmann, L.L.C. In reviewing the Third Circuits likelihood of confusion factors, the court considered the competition and overlap factor. [Fed] AI Initiative Act (May 2019). Elec. Aerotek, Inc. v. Boyd, 598 S.W.3d 373 (Tex. $("span.current-site").html("SHRM China "); Some say that it's a buzzword that doesn't really mean much. These drones, which are designed to resemble small birds or insects to look inconspicuous, can be used for micro-targeted or single-person bombings and can be operated via cellular internet. "We saw a need in this space to form a group of experts to help advise clients on best practices, transparency, fairness and oversight in the use and deployment of AI, to help create corporate best practices and minimize the risks of what we believe will be litigation that I personally think will start and focus on the workplace," said Bradford Newman, chair of the Paul Hastings employee mobility and trade secret practice and a member of the law firm's AI practice group. Div. LEXIS 109864 (N.D. Ill. 2020). The Budapest Centre is proud to share its latest policy paper Misuse of Artificial Intelligence: Occupied Palestinian Territories.Case study. Given these very real differences in functionality, it stands to reason that the two products are directed to different consumers.. Chopra has said that algorithms can never "be free of bias" and may result in credit . While AI and ML can support businesses, critical infrastructures, and industries as well as help solve some of societys biggest challenges (including the Covid-19 pandemic), these technologies can also enable a wide range of digital, physical, and political threats to surface. 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. 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. 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. 2020). $(document).ready(function () { See, e.g., Darty v. Columbia Rehabilitation and Nursing Center, LLC, 2020 U.S. Dist. For instance, we saw a Torum user who expressed interest in the use of DeepExploit, an ML-enabled penetration testing tool. Like it? McRO, Inc. v. Bandai Namco Games America, Inc., 837 F.3d 1299 (Fed. Autonomous vehicle companies brought, inter alia, trade secret misappropriation claims against former director and officer and his competing company. A local law in relation to automated decision systems used by agencies (Int. [Fed] AI JOBS Act (Jan 2019). AI-powered job automation is a pressing concern as the technology is . Hughes Hubbard & Reed LLP L.J. The possibility of perpetuating bias is a significant concern when using AI in the hiring process. Requiring federal government activities related to AI, including implementing a National Artificial Intelligence Research and Development Initiative. 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. and representative incidents which allows to construct a typology of the malicious use and abuse . Mar. LEXIS 31249 (N.D. Ill. 2020) (concluding that, for 15(b) to apply, an entity must at least take an active step to collect, capture, purchase, receive through trade, or otherwise obtain biometric data and the plaintiff did not adequately plead that defendant took any such active step where the complaint omitted specific factual detail and merely parroted BIPAs statutory language and the plaintiff failed to adequately plead possession because he failed to sufficiently allege that defendant exercised any dominion or control over his fingerprint data). Because of the potential malicious use of AI-powered deepfakes, it is therefore imperative for people to understand how realistic these can seem and just how they can be used maliciously. Dorsey & Whitney, LLP Introduction. 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 94926 (S.D.N.Y. May 2019). Image will appear the same size as you see above. Requiring the Secretary of Commerce to establish the Federal Advisory Committee on the Development and Implementation of Artificial Intelligence. Man-made intelligence is also known as AI which brings up quite a few issues for courts and judges. We confidently predict the cases we report will increase exponentially year over year. Expand the power of XDR with network detection and response, Protect against known, unknown, and undisclosed vulnerabilities in your network, Detect and respond to targeted attacks moving inbound, outbound, and laterally, Redefine trust and secure digital transformation with continuous risk assessments, Protect your users on any device, any application, anywhere with Trend Micro Workforce One, Stop phishing, malware, ransomware, fraud, and targeted attacks from infiltrating your enterprise, On-premises and cloud protection against malware, malicious applications, and other mobile threats, Complete, centralized visibility across the modern enterprise, Stop adversaries faster with a broader perspective and better context to hunt, detect, investigate, and respond to threats from a single platform, Keep ahead of the latest threats and protect your critical data with ongoing threat prevention and analysis, Stop threats with comprehensive, set-it-and-forget-it protection, Augment security teams with 24/7/365 managed detection, response, and support, Augment threat detection with expertly managed detection and response (MDR) for email, endpoints, servers, cloud workloads, and networks, Grow your business and protect your customers with the best-in-class complete, multilayered security, Partner with a leading expert in cybersecurity, leverage proven solutions designed for MSPs, Add market-leading security to your cloud service offerings no matter which platform you use, Increase revenue with industry-leading security, We work with the best to help you optimize performance and value, Download Malicious Uses and Abuses of Artificial Intelligence, Trend Micro, United Nations Interregional Crime and Justice Research Institute (UNICRI), and Europol. Defendant had signed a confidentiality and noninterference agreement. LEXIS 182255 (N.D. Cal. 2040 Main St., 14th Floor 31st Floor [NJ] New Jersey Algorithmic Accountability Act (May 2019). The goal of this Chapter is to serve as a useful tool for those business attorneys who seek to be kept up to date on a national basis concerning how the courts are deciding cases involving AI. Plaintiff purchased a season pass for her son to defendants amusement park. Artificial intelligence (AI) is a widely discussed topic in many fields including law. "When you have algorithms making decisions that impact humans in one of their most essential life functionswhich is their workthere are going to be issues of fairness and transparency and legal challenges, and I think we are going to see those legal challenges start very soon. 3d 501 (S.D.N.Y. CFPB warnings of bias in AI could spook lenders. Library Ass'n (539 U.S. 194 (2003)) in which a plurality of the Court upheld the constitutionality of filtering software that libraries had to implement pursuant to the . The SPC hopes to achieve the similar judgments for similar cases goal through artificial intelligence (AI) technology. In fact, AI-powered facial recognition drones carrying a gram of explosive are currently being developed. LEXIS 139056 (N.D. Cal. 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. 18-cv-07548-EDL, 2019 U.S. Dist. Amazon's attempt to automate its recruiting platform highlighted the limitations of the technology. v. Clickfox, Inc., 207 F. Supp. In 2018, my proposed legislation, The AI Data Protection Act, was formalized into a House of Representatives Draft Discussion Bill. WeRide Corp. v. Kun Huang, 379 F. Supp. This project aims to study 3d 463 (W.D. This task force was set up by the Ministry of Commerce and Industry headed by the Chairman of Tata Sons N. Chandrasekaran for analyzing the financial advantages of using AI and to see how it . We foresee that criminals will use AI in order to carry out malicious activities to victimize organizations via social engineering tactics. Seizing on its powerful predictive capabilities, private sector companies and government entities alike now employ machine-learning ("ML") algorithms to assist in diverse applications ranging from detecting and preventing fraudulent online credit card transactions to optimizing traffic flow to . Deepfakes have great potential to distort reality for many individuals for nefarious purposes. Cybercriminals are also abusing AI to imitate human behavior. App. 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). AI-enabled crimes of high concern: Deepfakes; driverless vehicles as a weapon; tailored phishing; disrupting AI-controlled systems; large-scale blackmail; AI-authored fake news. 3d 279 (N.D. Ill. 2019); Treadwell v. Power Solutions International Inc., 427 F. Supp. [WA] Guidelines for Govt Procurement and Use of Auto Decision Systems (Jan 2019). 1801 Market Street, 11th Floor It seems the most likely time for a boom in AI analysis in the courts is when millennials and subsequent generations become the majority on the bench. 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. With tools powered by these technologies, enterprises are able to better predict customers buying behaviors that contribute to increased revenues. 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. 1300 Clinton Square Meanwhile, another example involves a UK-based energy firm that was duped into transferring nearly 200,000 British pounds (approximately US$260,000 as of writing) to a Hungarian bank account after a malicious individual used deepfake audio technology to impersonate the voice of the firms CEO in order to authorize the payments. 5 Artificial Intelligence Case Studies. Library Assn (539 U.S. 194 (2003)), in which a plurality of the Court upheld the constitutionality of filtering software that libraries had to implement pursuant to the Childrens Internet Protection Act, and Gill v. Whitford (138 S. Ct. 1916 (2017)), in which, if the plaintiffs had standing, the Justices may have had to evaluate the use of sophisticated software in redistricting (a point noted again in Justice Kagans express reference to machine learning in her dissent in Rucho v. Common Cause (139 S. Ct. 2484 (2019))). H.K., 2020 NY Slip Op 20232, 130 N.Y.S.3d 890 (Crim. 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- All rights reserved, Extend Your Team. Sohini Das. "The development of full artificial intelligence could spell the end of the human race." Stephen Hawking The age of artificial intelligence is dawning. Require California business entities with more than 50 employees and associated contractors and vendors to each maintain a written record of the data used relating to any use of artificial intelligence for the delivery of the product or service to the public entity. 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. 2020) (stating the courts intent to consolidate cases against Clearview based on a January 2020 New York Times article alleging defendants scraped over 3 billion facial images from the internet and scanned biometric identifiers and then used those scans to create a searchable database, which defendants then allegedly sold access to the database to law enforcement, government agencies, and private entities without complying with BIPA); see also Mutnick v. Clearview AI, Inc., 2020 U.S. Dist. Salt Lake City, UT 84111 Facial recognition systems are entering public spaces without any clear accountability or oversight. Knobbe Martens The output of AI can be relevant to issues that arise in litigation, and, because of its limitations, its use can invite legal challenge. There is clear evidence that AI mimics certain operations of the human mind. 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. Aside from these, AI could also be used to harm or inflict physical damage on individuals in the future. Ct. 2020) (following Wakefield in concluding that, where software was acting as a highly sophisticated calculator, the analyst using the software was still a declarant and the right to confrontation was preserved). 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.". v. Natl Sec. But courts may find it difficult to apply a "reasonable person" or "reasonable computer" standard. But before its adoption in the legal system, challenges related to privacy, data protection and other ethical issues must be addressed. 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. The capabilities of Artificial Intelligence (AI) evolve rapidly and affect almost all sectors of society. 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