Information Technology

December 22, 2023

Judge Scott U. Schlegel: A Call for Education Over Regulation (Artificial Intelligence)

Judge Scott U. Schlegel of the Fifth Circuit Court of the State of Louisiana currently serves as Chair of the Louisiana Supreme Court Technology Commission, and is recognized as a pioneer in using technology in the Louisiana State Courts. He has managed what is considered by many to be one of the most advanced technology courts in the nation in terms of delivering online justice.

According to the Fifth Circuit Court Of Appeals of the State of Louisiana website, “he is the Immediate Past President of the Louisiana District Judges Association (LDJA) and serves on many other committees. Judge Schlegel has received numerous awards including the National Center for State Courts’ 26th Annual William H. Rehnquist Award for Judicial Excellence, one of the highest judicial honors in the country. Judge Schlegel was also featured on the cover of the American Bar Association Journal and is a nationally recognized speaker on legal tech and the modernization of the justice system including matters related to artificial intelligence and the law,”

Judge Schlegel has also been appointed as a member of the Advisory Council of the ABA Taskforce on Law and Artificial Intelligence in recognition of his efforts to understand and communicate the important issues and challenges related law and artificial intelligence. On November 28,2023, Judge Schlegel wrote the following open letter which we think is an important addition to this discourse and needs to be distributed widely. Therefore we are reproducing Judge Schlegel’s letter, titled A Call for Education Over Regulation An Open Letter in full and hope you will find it helpful:

December 14, 2023

Google Announces the Public Release of Gemini: Can it be Used to Support Legal Research?

by David Badertscher

“Google launched its most ambitious AI model called Gemini on Wednesday [December 6, 2023], which is described as Google’s “largest and most capable AI model.” The company announced a “Gemini era” where the model will be used widely in companies and consumer devices like Google Pixel phones. Unlike existing AI models that focus on one type of input like text or images, Gemini is “multimodal” and can accept different types of media like text, images, audio and video as inputs. Google’s AI chatbot Bard has been upgraded with Gemini, and Google plans to add Gemini to widely used products like Search, Chrome and its cloud services”

Benzinga News, December 7,

INTRODUCTION

December 13, 2023

Update to Open AI Terms of Use and Privacy

by David Badertscher

Yesterday, December 12, 2023, we received an email from Open AI announcing changes to their Terms of Use and Privacy Policy that will make it easier to understand what to expect from Open AI when you use their services. The changes will become effective on January 31, 2024. Below is a copy of an overview of the updates we are posting for the convenience of our readers. To see the complete documents click on the links below:

FROM OPEN AI:

We want to let you know about some upcoming changes to our Terms of Use and Privacy Policy. These changes will make it easier for you to understand what to expect from OpenAI as you use our services. The Terms of Use and Privacy Policy will take effect on January 31, 2024.

We encourage you to read the updated policies, but here is a quick overview of some key changes:

Terms of Use

Separate business terms. We’ve removed the sections of the Terms of Use that relate to the use of our services for businesses and developers, namely ChatGPT Enterprise and our APIs. We’ve created a new set of Business Terms that apply to those services.
Updated arbitration procedures. We’ve updated some of the procedures by which we will resolve any arbitrated disputes.
Improved readability. We’ve re-organized and clarified some parts of our Terms of Use (yes, with a little help from ChatGPT) to make them simpler and easier to understand.

Privacy Policy

Personal information we collect. We’ve provided additional details and examples about the information we collect, such as when you participate in OpenAI’s events or surveys.
Business accounts. We’ve provided information about how administrators of ChatGPT Enterprise and team accounts can access and control accounts associated with their organization.

If you have questions about any of these changes, please see this Help Center FAQ.

You don’t need to take any action in response to this update. By continuing to use our services after January 31, 2024, you are agreeing to the updated Terms of Use and acknowledge that our Privacy Policy applies to data processed in OpenAI’s services. If you do not agree to the updates, you may delete your account.

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November 15, 2023

Is It Time for a New US Constitutional Convention?

by David Badertscher

Introduction.

This posting provides information to help explore the key arguments surrounding this question from both positive and negative perspectives and to provide a useful framework to inform the debate. Commentary is organized into the following categories: Survey Information, Historical Context, Current Challenges, Arguments for a New Constitutional Convention, Arguments Against Convening a New Constitutional Convention, Alternative Considerations, Some Thoughts About the Future, and a concluding statement.

The United States Constitution, adopted in 1787, has endured for over two centuries as the foundational document governing the nation. However, in recent years there has been growing debate over whether it is time to convene a new Constitutional Convention to address contemporary challenges and issues.

October 23, 2023

American Bar Association and AI

by David Badertscher

In a previous posting on this blog, Reflections of a Retired Law Librarian: From Mimeograph to Generative AI, I urged professional organizations, including the American Bar Association (ABA) and the American Association of Law Libraries (AALL), to appoint committees or commissions at the highest level to facilitate the development and implementation of standards sufficient to address the real ethical and safety concerns related to the increasingly rapid adaption of AI, including Generative AI, as a technology of choice in the workplace.

It is gratifying to learn from recent announcements from the American Bar Association that it has already been taking steps to address the legal challenges of Ai faced by the legal community. As Mary L. Smith, President of the American Bar Association, has said: “As a national voice for the legal profession, the ABA must play a leadership role in helping to identify for the legal community the benefits and risks of continually changing AI and machine learning systems and capabilities.”

Measures already taken by ABA include Resolution 112 adopted in August, 2019, Resolution 604 adopted in February, 2023, various articles and podcasts published by its various Sections, including the ABA Business Law Section and the Sci Tech Lawyer published by the ABA Science and Technology Section.

September 24, 2023

Selected Lists of Opinion Summaries Published by Justia, Week Ending September 22, 2023

by David Badertscher

Special Note: From this week forward we will be including Opinion Summaries to the following additional topics, Copyright Law, Intellectual Property, Internet Law, and Medical Malpractice. These additions are based on recommendations from some of our readers.

During this past week (week ending September 22,2023) we have received listings of 23 Government and Administrative Law Summaries, 46 Constitutional Law summaries, 42 Criminal Law Summaries, Copyright Law 1 case, Intellectual Property 4 cases, Internet Law 1 case. and Medical Malpractice 2 cases We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending September 15, 2023:

September 5, 2023

The Potential for Using Generative AI to Help Regulate Criminal Behavior

by David Badertscher

Generative AI is a type of artificial intelligence technology that can produce various types of content, including text, imagery, audio and information that is artificially manufactured. The recent interest in generative AI has been driven by the simplicity of new user interfaces for creating high-quality content, including text, graphics and videos in a matter of seconds.

Generative AI has the potential to be used in various ways to help regulate criminal behavior, although it’s important to note that these applications can be controversial and raise ethical concerns. Here are some ways in which generative AI could potentially contribute to regulating criminal behavior:

Predictive Policing: Generative AI algorithms could analyze large sets of historical crime data to identify patterns and predict potential criminal hotspots. This could help law enforcement agencies allocate resources more effectively and proactively deter criminal behavior.

August 29, 2023

S. 2256, Federal Cybersecurity Workforce Expansion Act

by David Badertscher

New from the Congressional Budget Office (CBO).

August 28, 2023 – Cost Estimate.

Summary.

July 15, 2023

The Urgency for Greater Cybersecurity

by David Badertscher

Cyber risk is one of the great concerns sitting at the top of any government, as hacker attacks and other security breaches have the potential to jeopardize the global economy and other aspects of everyday life. Wide reporting indicates the proliferation of cyber attacks worldwide at a substantial and increasing rate, thereby unleashing severe damage to companies, governments and individuals worldwide. This proliferation of widespread attacks is creating an increasingly urgent need for greater cybersecurity for those in all sectors utilizing online networks. Users include governments, corporations, various other organizations and individuals who stand to benefit from the greater convenience, efficiencies, and sometimes cost benefits made available through online use.

Cyber criminals and others in the business of victimizing online users also benefit. While some may be primarily interested in creating mischief, which can itself prove harmful, professional cybercriminals are usually looking for much more. Usually, the basis of their primary motives comes down to either money or power. For purposes of classification, their motives are typically grouped into one or more of the following three categories:

Denial of Service. The motive for this type of attack is usually revenge. Some attackers may launch DDoS attacks as retaliation against a person, organization, or business that they perceive has wronged them. Some attackers may similarly target a competing business or organization to disrupt their services and gain an advantage in the market.

May 7, 2023

REFLECTIONS OF A RETIRED LAW LIBRARIAN: From Mimeograph to Generative AI

by David Badertscher

Being a retired law librarian of a certain age, I am now often asked to reflect upon my 50 years serving in various capacities as a law librarian. I have noticed that most questions asked can be grouped into discrete categories. For example, people want to know what lessons I have learned along the way as a law librarian, what I found most rewarding being a law librarian, what changes in law librarianship I have observed since I started approximately 50 years ago, and who have been my mentors or people who have greatly influenced me along the way. In this posting, I offer responses to these questions based on my current views.

What are some of the lessons you have learned as a professional in your field and in life?

I have come to appreciate the importance of understanding that change as it relates to all aspects of work and life is constant. And in order to be truly successful and to avoid stagnation, we must learn to become highly adaptable and flexible. Of utmost importance is the need to maintain enduring and useful connections with others.