Articles Posted in Artificial Intelligence

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As artificial intelligence, including generative AI, becomes increasingly common in litigation, judges across the United States are working to establish guidelines to prevent its misuse in court. Since Judge Brantley Starr of the Northern District of Texas issued the first standing order on AI in legal filings in 2023, more than 200 state and federal judges have followed suit, creating new standing orders, local rules, and pretrial guidance to address AI use and its potential pitfalls. Just last month, the newly established Texas Business Court included a caution on AI in its inaugural Local Rules.

This rapidly shifting landscape reflects judges’ efforts to address both the opportunities and challenges that AI presents. However, no uniform approach has yet emerged, with judges charting individual courses in their courtrooms and some broadening their orders to cover evidentiary concerns amid growing fears of deep fake evidence. While some judges are exploring ways to integrate AI responsibly, their primary focus remains on curbing its misuse. Practitioners should stay informed, as courts continue to adapt to this evolving frontier.

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An AALL/Bloomberg Partner Webinar.

November 19, 2025 at 1:00PM (CST).

“Participants will hear from research experts at Bloomberg Law as they present the survey findings and discuss how Bloomberg Law is equipping students with the necessary tools and knowledge for successful legal careers. Don’t miss this opportunity to gain valuable insights and learn how to better prepare law school students for the challenges of the legal profession.”

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Sponsored by the American Bar Association (ABA), Science and Technology Section.

November 21, 2024, 1:00 – 2:00pm ET.

“The ABA Science & Technology Law Section’s Technical Standardization Committee (TSC) invites you to a webinar briefing with the latest developments in public policy around technical standards. Prompted by rapid technology developments like those related to artificial intelligence (AI), Congress and the executive branch are working quickly to address observed and potential opportunities and risks posed to tech developers and consumers.”

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A posting by  American Bar Association President,  William R. Ray.

“Voting is a civic right and responsibility. Everyone eligible to vote should exercise that right. This is our opportunity to have a say in how our government operates. The American Bar Association encourages all to take advantage of this opportunity. ”

For a more generalized statement about elections and voting from federal government perspective, see the White House statement, Elections and Voting.

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Following the introduction of Chat GPT3.5 to the public on November 30, 2022, there have been growing concerns about how the emerging AI revolution can be utilized to reimagine and , if necessary, reinvent new technologies capable of preserving our democracy– as we enter another technological, economic, and political crossroads in our society. Sharing these concerns, I have been  searching the literature hoping to discover institutionally backed efforts dedicated to addressing them. Recently, I learned about the publishing by the Stanford Digital Lab of The Digital Papers: Artificial Intelligence in America, Volume 1 of a projected ongoing series. Learning of this publication, I immediately went to Amazon and ordered my own copy. The following is my Overview of this first volume:

In the late 18th century, the Federalist Papers emerged as a groundbreaking series of essays advocating for the ratification of the U.S. Constitution.  Alexander Hamilton, James Madison, and John Jay—under the pseudonym “Publius”—articulated a vision for governance that reflected the challenges of their time: an unstable political landscape, shifting economic forces, and burgeoning democratic ideals. Fast forward to the 21st century, the world again finds itself at the intersection of disruptive change where the political, economic, and technological forces at play call for a similar intellectual effort to chart a way forward.

The Digitalist Papers: Artificial Intelligence and Democracy in America takes inspiration from the spirit of the Federalist Papers, yet it aims to address an even more complex landscape. The technological revolution now driven by artificial intelligence (AI) offers immense potential to reshape every aspect of human life—from how we communicate to how we govern ourselves. As Hamilton, Madison, and Jay once grappled with how to mold governance to fit the emerging United States, today’s thought leaders must confront the challenge of integrating AI into existing democratic institutions. This is the goal of the Digitalist Papers series: to explore the possibilities of AI’s impact on democracy and to consider how governance structures must evolve to preserve and enhance democratic values in this era of unprecedented technological change.

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Surgeon and bioethicist Charles E. Brinkley is a contributor to VERDICT a service of Justia. In his August14, 2024 VERDICT posting , Does Informed Consent Alone Mitigate Responsibility: Considering Patient Harm Related to Artificial Intelligence, Dr. Brinkley “discusses the ethical implications and potential harms of using artificial intelligence (AI) in healthcare decision-making, particularly focusing on informed consent and physician responsibility. Dr. Binkley argues that patients should be informed when AI is used in their care, and that healthcare providers have a duty not only to inform patients of potential risks but also to mitigate those risks, emphasizing that the use of AI does not absolve physicians of their responsibilities to patients.”

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News From: Jon M. Garon, Chair, Cyberspace Law Committee, Business Law Section American Bar Association:

Dear Colleagues:

Here is the latest news about Cyberspace law, including AI, fintech, privacy, cybersecurity, crypto, digital personas and so much more. We look forward to seeing many of you in San Diego. Please join us for our CLEs, working meetings, and planning sessions.

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In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA  Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.

Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the  need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).

Highlights of the AI Task Force’s year [as mentioned in the Report] include:

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The 2024 NY Metro Joint Cyber Security Conference will be held on September 26 from 8:30AM -5:30PM EDT,  celebrating its 11th year featuring keynotes, panels and sessions aimed at educating everyone on the various aspects of information security and technology.

Workshops featuring in-depth extended classroom-style educational courses to expand your knowledge and foster security discussions will take place virtually post-conference.  It is a collaborative event cooperatively developed, organized and sponsored by a consortium consisting of leading information security industry organizations and chapters (The New York Cyber Security Coalition).

For additional information, including conference location and conference and workshop registrations, click here

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The AI Elections Accord is a voluntary agreement among leading technology companies to combat the deceptive use of AI in the 2024 elections. Recognizing the potential for AI to generate highly realistic but false content, known as deepfakes, the accord aims to protect the integrity of elections worldwide. The signatories have agreed to the following voluntary framework of principles and actions to advance seven principal goals:

  1. Prevention: Researching, investing in, and/or deploying reasonable precautions to limit risks of deliberately Deceptive AI Election Content being generated.
  2. Provenance: Attaching provenance signals to identify the origin of content where appropriate and technically feasible.
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