Our AI Team has extensive experience in privacy litigation and IP protection issues which has allowed Rose Law Group to be on forefront of the emerging practice of legal issues relating to AI technology. Companies need to be aware of the legal issues relating to developing new AI technology for their clients’ use. These new technologies can implicate ethical and legal issues regarding transparent decision-making, minimizing bias, privacy, and accountability. Given that one of the main functionalities of AI is to make decisions of consequence in real-time based on techniques that are constantly adapting and changing, it is crucial to ensure the methods used take into account certain fundamental rights, applicable regulations, and core principles and values that the law often looks to when resolving disputes.
Privacy is currently an issue at the forefront of the legal community, and the growth of AI will make these considerations even more important. Who owns the data shared between AI developers and users? Can the data be sold? Should this shared data be de-identified to protect privacy concerns? Is the intended use of data appropriately disclosed and compliant with constantly evolving legislation? Consider the use of ChatGPT to take client information as an input to further train the AI to provide more accurate responses—those inputs are now public record and could cause legal issues without proper disclosures. Our AI Team can advise you in the creation of a ChatGPT AI approach that best guards against a privacy violation. In addition, when a company creates a new product or document using AI, who owns the IP? Rose Law Group can assist you with issues where authenticity is a priority, particularly where images are often derived from computer models entirely.
Contractual issues abound in the AI space as well. Whether you’re looking for contractual protections when contracting for AI services that use machine learning techniques that can change in unpredictable ways or utilizing advanced Contract AI, which uses text-based machine learning applied to contracts to assist in the management, extraction, or review of legal agreements and their data, our AI Team can help you navigate the complex, rapidly developing legal landscape.
Of course, our AI Team is always looking ahead to anticipate potential litigation as well. The automated and artificial nature of AI raises new considerations around the determination of liability. Who is responsible—the technology itself? The developer? The platform? Some other third party? How will courts apply standards of care to the principles of negligent design? As the AI evolves and makes its own decisions, should it be considered an agent of the developer, and if so, is the developer vicariously liable for the decisions made by the AI that result in the negligence? Our team is well-suited to protect against liability in this space.
AI also raises distinct questions regarding bias and discrimination. Does the AI take a protected class’s status into consideration? Could machine learning lead to predictions that rely on correlations or assumptions based on one of these categories? Consider the 2016 ProPublica investigation that alleged that a number of US cities and states used an algorithm to assist with making bail decisions that was allegedly twice as likely to falsely label black prisoners as being at high-risk of re-offending than white prisoners. Our team can help you mitigate the effects of these built-in biases.
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In The News
Judge dismisses copyright lawsuit against OpenAI; Paul Coble, chair of Rose Law Group’s AI, intellectual property, and technology law departments, provides insight
By Jack Nicastro | Reason U.S. District Court Judge Colleen McMahon has dismissed a copyright lawsuit against OpenAI. McMahon’s decision, issued Thursday, is a win not just for OpenAI but for everyone who benefits from ChatGPT and similar programs. Raw Story Media and AlterNet Media filed the suit in February, complaining that OpenAI used their articles to train ChatGPT and that the bot “regurgitate[s]
Paul Coble, chair of Rose Law Group’s AI, intellectual property, and technology law department, comments on: Signs of perpetuating historic biases emerge as AI takes the helm of decision making
By Paige Gross | AZ Mirror In a recent study evaluating how chatbots make loan suggestions for mortgage applications, researchers at Pennsylvania’s Lehigh University found something stark: there was clear racial bias at play. With 6,000 sample loan applications based on data from the 2022 Home Mortgage Disclosure Act, the chatbots recommended denials for more Black applicants than identical white counterparts. They
Paul Coble’s ‘Video AI Update of the Week’: Rose Law Group’s AI, intellectual property, and technology law department chair, on how to protect from content fraud
Generative AI is bringing a new type of fraud to the masses: content fraud. Paul Coble, Rose Law Group’s Chair of Intellectual Property and Artificial Intelligence explains what it is and how you can protect against content fraud.
