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Covington, Microsoft Attys Say AI Trust Key To Use In Law

July 2, 2018, Law360

Lee Tiedrich recently spoke at the U.S.-China AI Tech Summit to discuss "AI in the Law" and is quoted in a Law360 article. According to Tiedrich, there is a recognition that the new technology brings new legal challenges. “One issue that’s been getting a lot of attention in the United States is whether and to what extent AI applications need to provide transparency and undertake efforts to reduce bias in the outcomes they produce,” Tiedrich said. To illustrate this, Tiedrich noted a recent case in which an AI application was used in connection with the sentencing of a criminal defendant. The man challenged the sentence, alleging that the AI algorithm violated his due process because he didn’t have any transparency or insight into how the sentencing decision was reached, Tiedrich said. “The court ultimately upheld the sentence because it determined the judge considered other factors too,” she said. “But the case really highlights the tension that the AI community is going to face and the need to provide information and also to accommodate and provide some transparency on what they’re doing.”

Tiedrich also said that concerns about AI and its black-box decision-making will also create intellectual property issues for the companies creating proprietary technologies. In the case of the criminal defendant, if the court had compelled the AI company to produce its algorithm, it would have comprised trade secret protections, she noted. “The key takeaway here from the U.S. perspective is as the technology continues to advance and move forward, it’s going to be really important for the communities involved to step back and look at the various legal issues affected by AI, such as transparency, bias, privacy, data security and liability,” Tiedrich said. “And come up with some sensible rules and guidelines that balances all of them.”

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