How new AI regulations might reshape the legal landscape.
The courtroom has always been a battlefield of intellect, strategy, and persuasion. But today, a new player is entering the arena, one that's reshaping the very fabric of our legal practice: Artificial Intelligence. From predictive analytics to automated document review, AI is not just knocking on the doors of the legal field; it's already inside, making itself at home.
This is not just about the next shiny tool in our toolkit. The rise of AI is forcing the highest echelons of our government to sit up and take notice. The White House, under the Biden administration, has rolled out a suite of AI policies as recent as May. Voluntary safety commitments from leading AI companies have been brokered, focusing on ensuring security against cyberattacks and misuse by malicious actors.
Senate Majority Leader Chuck Schumer has made his stance clear, promising prompt legislation and telling his audience, "many of you have spent months calling on us to act. I hear you loud and clear." Independent regulators are going public with their plans, and bipartisan groups are even discussing the use of AI in matters as grave as nuclear launch decisions.
But here's the rub: "knowing you're going to do something" and "knowing what that something is" are two different things. AI policy is still uncharted territory in Washington, D.C., filled with jargon and broad ideas rather than concrete plans. The government's record on AI has been filled with vague calls for leadership and adoption, but not exactly concrete policy.
However, we're on the brink of something big. The unprecedented attention and congressional hearings devoted to AI signal that more specific action is on the horizon. AI companies are actively working on self-regulation, setting the tone for others. The sheer importance of AI makes it worth digging deeper into what action in D.C. might involve.
So, it's time to ask ourselves: How will these changes affect us, the trial lawyers, the warriors of justice? How will tools like Depo IQ, a lightning-fast behavioral AI, revolutionize our practice, especially in the crucial area of depositions?
The four categories that define the future of AI in law.
The legal field has always been about rules, regulations, and the interpretation of laws. But as AI becomes a prominent player in our practice, it's time to understand the new rules of the game. The ideas circulating around AI can be broken down into four rough categories that might soon become the cornerstone of our legal practice:
1. Rules: The New Regulations and Laws 📜
From training AI models to building or selling chips used for AI, new regulations and laws are emerging. These could range from voluntary standards to binding regulations and international agreements. The spectrum is wide, with techno libertarians fearing government mandates, while others call for sweeping changes to rules around liability, copyright, privacy, and bias.
2. Institutions: The Guardians of AI 🏛️
New government agencies or international organizations may be formed to implement and enforce these new regulations and laws. From a National Artificial Intelligence Research Resource to a dedicated regulator for AI, new institutions might be the guardians of this emerging technology.
3. Money: The Fuel for AI Research 💰
Additional funding for research is on the table, either to expand AI capabilities or to ensure safety. From more funding for the Department of Energy to the National Science Foundation, money could be the fuel that drives AI research and development.
4. People: Building the AI Workforce 🎓
The bottleneck for intelligent machines is intelligent humans. Expanding high-skilled immigration and increasing education funding to build out a workforce capable of controlling AI is a vital part of the conversation.
The Trial Lawyer's Perspective: A Closer Look 🔍
For us, the trial lawyers, these categories are not mere theoretical constructs. They are the building blocks of our future practice. Let's take a closer look:
Rules around Liability: Sweeping changes to rules around liability could enable citizens to sue AI companies or prosecutors to indict them if their products cause certain harms. How might this affect our approach to litigation?
Copyright and Privacy: The intersection of AI with copyright and privacy laws could redefine our understanding of original works and data protection. How will this impact intellectual property cases?
Algorithmic Bias: The potential biases in AI systems could have legal implications, especially in cases involving race, gender, sexual orientation, and disability. How will we navigate these complex ethical waters?
National Security and AI: From preventing rogue AIs to controlling the misuse of AI systems by hostile entities, national security considerations are paramount. How will this shape our national and international legal practice?
A Brave New World
The rise of AI is not just a technological revolution; it's a legal one. As trial lawyers, we must be at the forefront of understanding these new rules, institutions, money, and people that will shape our practice. From Depo IQ's behavioral analysis to AI-driven legal research, the tools are here, and the rules are being written.
It's a brave new world, my friends. And we, the trial lawyers, must be the pioneers, the explorers, the guardians of justice in this new landscape.
Here's a collection of resources that can provide further insights and guidance:
AI Policies in the U.S.: A comprehensive overview of the artificial intelligence policies announced by the White House and the voluntary safety commitments from leading AI companies.
AI Rules and Regulations: A detailed look at the new rules for AI developers, including voluntary standards, binding regulations, and international agreements.
AI and Copyright, Privacy, and Bias: Insights into how AI interfaces with existing rules around copyright, privacy, and bias.
National Security and AI: Proposals viewing AI through a national security perspective, including mandatory auditing and licensing requirements.
AI Institutions and Funding: Information on new government agencies, international organizations, and funding for AI research.
Building the AI Workforce: Resources on expanding high-skilled immigration and funding for AI education programs.
These resources offer a comprehensive guide to the legal implications of AI, providing trial lawyers with the knowledge and tools needed to navigate this new frontier.
