Emerging trends
India
Paradigms
University: | North-Eastern Hill University |
Completed Date: | 2022 |
Abstract: | newline |
Pagination: | 225 pages |
URI: | |
Appears in Departments: |
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File | Description | Size | Format | |
| Attached File | 17.95 kB | Adobe PDF | |
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In regulating AI, Texas lawmakers face balancing act between its benefits and harms
A Senate committee discussed the potential pitfalls of artificial intelligence — and overregulating it.
Sign up for The Brief , The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
A group of state lawmakers began wading through the complex world of artificial intelligence Tuesday, providing an early glimpse at how Texas may seek to regulate the booming technology.
During a nearly four-hour hearing, the Texas Senate Business and Commerce Committee heard a wide range of concerns about the potential risks of AI, including the spread of misinformation, biased decision-making and violations of consumer privacy. By the end of the hearing, at least some of the 11 committee members appeared convinced that the state should enact laws that regulate how and when private companies use artificial intelligence.
“If you really think about it, it’s a dystopian world we could live in,” Sen. Lois Kolkhorst , R-Brenham, said during the hearing. “I think our challenge is, how do we get out there and put in those safeguards?”
Artificial intelligence is a broad term that spans a range of technologies, including chatbots that use language processing to help answer users questions, generative AI that creates unique content and tools that automate decisions, like how much to charge someone for home insurance or whether a job applicant should get an interview. Artificial intelligence can also be used to produce digital replicas of artists’ work.
Already, more than 100 of the 145 state agencies are using AI in some form, Amanda Crawford, chief information officer for the Texas Department of Information Resources, told lawmakers Tuesday. Crawford is a member of a new AI Council created this year by Gov. Greg Abbott , Lt. Gov. Dan Patrick and House Speaker Dade Phelan . The council is tasked with studying how state agencies use AI and assessing whether the state needs a code of ethics for AI. The council is expected to publish its report by the end of the year.
Leaders of several state agencies testified that artificial intelligence has helped them save significant time and money. Edward Serna, executive director of the Texas Workforce Commission, for example, said a chatbot the agency created in 2020 has helped answer 23 million questions. Tina McLeod, information officer in the Attorney General’s Office, said their workers have saved at least an hour a week with an AI tool that helps sift through lengthy child support cases.
But in other cases, stakeholders testified, AI technology could be used in ways that hurt Texans.
Josh Abbott, a country singer, said he worries AI could be used to replicate his voice and generate new songs that get distributed on Spotify.
“AI fakes don’t care if you’re famous,” Abbott said. “AI frauds and deep fakes affect everyone.”
Grace Gedye, a policy analyst for Consumer Reports, recounted how private companies have already used biased AI models to make critical housing and hiring decisions that hurt consumers. She said lawmakers could mandate companies who rely on AI for decision-making to audit that technology and disclose to consumers how they are being evaluated.
Gedye pointed to New York City, which enacted a law requiring employers who use automated employment tools to audit those tools. Few employers actually performed the audit, Gedye said.
In creating legislation, the state will need to tread carefully and make sure they don’t write laws that inadvertently prohibit positive uses of artificial intelligence while they try to clamp down on harms, said Renzo Soto, an executive director of TechNet, which represents technology CEOs.
“You almost have to look at it industry by industry,” Soto said.
Texas already passed a law in 2019 that makes it a crime to fabricate a deceptive video with the intent to influence an election. Last year, lawmakers passed another law prohibiting the use of deep fake videos for pornography.
When they consider future legislation to rein in artificial intelligence, lawmakers will need to make sure they don’t violate First Amendment free speech protections, said Ben Sheffner, an attorney for the Motion Picture Association.
Throughout the hearing, lawmakers repeatedly asked whether other states or countries could be looked at for templates on how to craft AI policy. So far, a patchwork of state and federal regulations have tried to limit AIs use, with limited success.
California lawmakers have introduced a bill that requires AI developers and deployers to reduce the risks of “catastrophic harm” from their technology. Tech companies are fighting to kill that law. Colorado has also passed a law regulating the use of AI in certain “high-risk” scenarios, such as those pertaining to education, employment or health care. Colorado’s governor has already said the law needs to be amended before it goes into effect in 2026.
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- Illinois Updates Employment Law to Address Artificial Intelligence
Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative artificial intelligence, not just traditional AI. The amendments are set to take effect on January 1, 2026.
AI is defined to include outputs that can simulate human-produced content, including short answers, essays, diagrams, art, videos and songs. Employers will be prohibited from using AI in a discriminatory way in the employment context. This includes in recruitment, hiring, promotions, and discipline. Discrimination is that which is based on protected classes or use of zip codes “as a proxy for protected classes.”
Companies also will need to give employees notice if they are using AI for employment purposes. These include as noted above, for recruitment, hiring, promotion, and discipline. The Illinois Department of Human Rights charged with adopting regulations for, among other things, notice timing and process.
Putting It Into Practice: This law joins others that seek to regulate company’s use of artificial intelligence, including in Colorado and New York City. As companies develop their AI policies, this new law is a reminder to think now about procedures and mechanisms for avoiding discrimination when using the tools.
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Hunton Employment & Labor Perspectives
On August 9, 2024, Illinois Governor J.B. Pritzker signed H.B. 3773 into law, requiring all Illinois employers to notify employees and applicants when they use artificial intelligence (A.I.) to make employment decisions. The law broadly defines A.I. to mean:
a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.” A.I. includes generative artificial intelligence.
See 775 ILCS 5/2-101(M).
Additionally, the law prohibits employers from using A.I. for recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or other terms, privileges, or conditions of employment in a way that is discriminatory based on protected classes. The new law also prohibits employers from using ZIP codes as a proxy for protected classes.
HB 3773 directs the Illinois Department of Human Rights to adopt any rules necessary for the implementation and enforcement of the law, including rules on the circumstances and conditions that require notice, the time period for providing notice, and the means for providing notice.
When does the law go into effect?
The legislation will go into effect on January 1, 2026.
Who is covered by the law?
Any person or entity that employs at least one employee in Illinois.
How did we get here?
In recent years the use of A.I. in employment has grown tremendously. Employers have used A.I. for automated candidate sourcing, resume screening, applicant testing, and performance management. As employer use of A.I. has increased, so has federal and state legislative efforts to regulate its use.
Even though there is currently no federal law regulating employer use of A.I., federal agencies have issued instructive guidance. For example, on May 12, 2022, the Equal Employment Opportunity Commission (EEOC) issued guidance, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” The guidance explains how the use of A.I. may violate the Americans with Disabilities Act (ADA) and provides tips on how to avoid doing so. In April 2024, the Department of Labor (DOL) issued DOL Field Assistance Bulletin No. 2024-1, "Artificial Intelligence and Automated Systems in the Workplace Under the FLSA and Other Federal Labor Standards" (April 29, 2024) to address potential issues under the Fair Labor Standards Act (FLSA) when employers use A.I. to perform tasks such as setting work schedules and tracking work hours. Also, on May 16, 2024, the Department of Labor (DOL) developed "Artificial Intelligence and Worker Well-being: Principles for Developers and Employers" as directed by President Biden's October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
Various states have also enacted laws governing employer use of A.I. In May 2024, Colorado became the first state to mandate disclosures to employees and applicants when employers use A.I. in employment decisions. Also, Maryland regulates the use of facial recognition services to create a facial template during an applicant’s interview without a signed waiver by the applicant.
HB3773 is not Illinois’ first attempt to regulate the use of A.I. in employment decisions. Effective January 1, 2020, Illinois enacted the Artificial Intelligence Video Interview Act (AIVI Act) which requires employers to provide applicants with advance notice that they may use A.I., inform applicants how A.I. works, obtain applicant’s consent to be evaluated by A.I., and delete the video within 30 days of the applicant’s request. Under the AIVI Act, employers are prohibited from sharing applicant video except with people whose expertise is necessary to evaluate the applicant. As of January 1, 2022, employers who use A.I. analysis of video interviews as the sole method of determining whether an applicant is selected for an in-person interview must collect and report the race and ethnicity of applicants.
Finally, on May 17, 2024, the California Civil Rights Council announced a notice of proposed rule making to prevent discrimination due to the use of A.I. in employment decisions.
The legal landscape surrounding the regulations for employer use of A.I. in employment decisions is rapidly changing. Employers must ensure that their use of A.I. complies with current law. Employers are encouraged to consult their legal counsel to assess whether their use of A.I. complies with federal, state, and local law.
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DraftKings Faces $65M Lawsuit by National Football League Players Association
"The NFLPAs actions in this suit could have a chilling effect in the future, with companies coming out with new technologies, things like artificial intelligence and so forth," said Ivan Parron, the managing partner at Parron Law and an uninvolved sports entertainment law expert.
August 26, 2024 at 08:20 PM
4 minute read
Michael A. Mora
Share with email, thank you for sharing, what you need to know.
- DraftKings Inc. was sued by the National Football League Players Association and National Football League Players Inc. in Manhattan federal court Monday.
- DraftKings created digital sports-themed NFTs that could be deployed in the company's fantasy sports contests using NFL player names and likenesses. The company later shut down the NFT product and allegedly defaulted on its licensing payments to plaintiffs.
- The plaintiffs argued that “buyers’ remorse” is “not a basis to terminate a contract.
DraftKings Inc. was sued by the National Football League Players Association and National Football League Players Inc. in New York federal court Monday in a breach-of-contract action over its stance of avoiding payment on the licensing of nonfungible tokens.
Co-executive chair Jeffrey Kessler and partners Dave Greenspan and George Mastoris at Winston & Strawn represent the NFLPA and the NFLPA Licensors in their lawsuit against DraftKings, which generates billions in revenue based on a simple premise: “If a DraftKings’ customer places a losing bet, that customer must still pay up.”
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COMMENTS
Abstract. This dissertation was written as part of the LLM in Transnational and European Commercial Law, Banking Law, Arbitration/Mediation at the International Hellenic University. The main aim of this thesis is to determine whether AI systems may be held liable for tort and contractual damages caused by their actions or even omissions.
This dissertation explores the complex and evolving relationship between artificial intelligence (AI) and intellectual property (IP) law, specifically focusing on the ownership of the products created through AI. ... Artificial Intelligence - Law, Policy, & Ethics eJournal. Subscribe to this fee journal for more curated articles on this topic ...
It contains timely and original articles that thoroughly examine the ethical, legal, and socio-political implications of AI and law as viewed from various academic perspectives, such as philosophy, theology, law, medicine, and computer science. The issues covered include, for example, the key concept of personhood and its legal and ethical ...
Minnesota Journal of Law, Science & Technology Volume 25 Issue 2 Article 11 5-10-2024 Artificial Intelligence: Legal Reasoning, Legal Research and Legal Writing S. Sean Tu ... Artificial Intelligence: Legal Reasoning, Legal Research and Legal Writing, 25 MINN. J.L. SCI. & TECH. 105 (2024). Available at: https://scholarship.law.umn.edu/mjlst ...
In this dissertation, I argue that the Rule of Law is made vulnerable by technological innovations in artificial intelligence (AI) and machine learning (ML) that take power previously delegated to legal decision-makers and put it in the hands of machines. I assert that we need to interrogate the potential impacts of AI and ML in law: without careful scrutiny, AI and ML's wide-ranging impacts ...
PhD Fellow, Artificial Intelligence and Legal Disruption Research Gr oup, Faculty of Law, University of Copenhagen. Email: [email protected] | ORCID ID: 00 00- 0002 -6170-9393. 3
In this dissertation, I argue that the Rule of Law is made vulnerable by technological innovations in artificial intelligence (AI) and machine learning (ML) that take power previously delegated to legal decision-makers and put it in the hands of machines. I assert that we need to interrogate the
The objective of this thesis is to analyse if artificial intelligence should be regulated. To achieve this goal, and to better understand its use in contemporary times, this work will also explore ... 8 Edwina L. Rissland, 'Artificial Intelligence and Law: Stepping Stones to a Model of Legal Reasoning' (1990)
Artificial Intelligence and Law - Information technology is so ubiquitous and AI's progress so inspiring that also legal professionals experience its benefits and have high expectations. ... (Gardner 1987), a revision of her 1984 Stanford dissertation. Footnote 17 I am happy that both are present in this room today. ...
Abstract. This paper examines the evolving role of Artificial Intelligence (AI) technology in the field of law, specifically focusing on legal research and decision making. AI has emerged as a ...
The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Full metadata record. Artificial Intelligence has been revolutionizing almost all fields because of its ability to mimic human intelligence.
The subject of the presented study involves the impact of the use of artificial intelligence in the adjudicating process on the respect of the right to a fair trial in individual branches of law. The author puts forward a research thesis that it is not possible to use information systems using artificial intelligence in all types of court ...
Artificial Intelligence in a European and International Context Antonia Rapti UNIVERSITY CENTER OF INTERNATIONAL PROGRAMMES OF STUDIES SCHOOL OF HUMANITIES, SOCIAL SCIENCES AND ECONOMICS A thesis submitted for the degree of Master of Laws (LLM) in Transnational ana European Commercial Law, Banking Law, Arbitration/Mediation January 2023
By contrast, lawyerly tasks that involve abstract thinking, problem-solving, advocacy, client counseling, human emotional intelligence, policy analysis, and big picture strategy are unlikely to be subject to automation given the limits of today's AI technology. B. AI Used in the Administration of Law. 1.
Artificial Intelligence (AI) and Machine Learning(ML) are now at the forefront of ... law enforcement agencies, militaries, and corporationsaround the world has sown distrust within the general public, as many fear that these new technologiesendanger their most basic human rights. With this thesis, I hope to employ my courseworkin computer ...
March 20, 2023. 5 min read. Artificial intelligence (AI) is poised to fundamentally reshape the practice of law. While there is a long history of technology-driven changes in how attorneys work ...
Indian Journal of Artificial Intelligence and Law, Volume 1, Issue 1 (2020) AI and Criminal Liability. 0 • ... Legal liability issues and regulation of Artificial Intelligence (AI) Dissertation work - Post Graduate Diploma in Cyber Laws and Cyber Forensics Course Code: PGDCLCF Submitted by: Jomon P Jose Roll No. CLCF/588/17 Year : 2017-18 ...
Paradigms of artificial intelligence in India a legal study of emerging trends: Researcher: Rajkhowa, Hrishikesh: Guide(s): Mishra, Ravi Kant: Keywords: Artificial intelligence Emerging trends ... Department of Law: Files in This Item: File Description Size Format ; 01_title page.pdf: Attached File: 17.95 kB: Adobe PDF: View/Open: 02 ...
This course will explore how the law and artificial intelligence (AI) interact. It will survey the role existing and proposed laws do, will, and should play in the creation and use of AI. To ground this exploration, students will gain a functional understanding of AI, focusing on the broadest possible meaning of the term—going beyond the use ...
Many universities provide full-text access to their dissertations via a digital repository. If you know the title of a particular dissertation or thesis, try doing a Google search. OATD (Open Access Theses and Dissertations) Aims to be the best possible resource for finding open access graduate theses and dissertations published around the world with metadata from over 800 colleges ...
As described in this bulletin, if passed into law, Bill 194 will make a significant change to the legal regimes governing Ontario hospitals, health agencies and health units. ... EDSTA broadly defines "artificial intelligence system" as "a machine-based system that, for explicit or implicit objectives, infers from the input it receives in ...
Dae Seok Chai, Ph.D. is an Associate Professor of Human Resource Development (HRD) in the College of Education and Human Development at Texas A&M University. Dae Seok was involved in designing and delivering various training programs for various types of employees. Dae Seok has three research interests: expatriation effectiveness, organization change and development in an international context ...
If signed into law by Governor Jared Polis, SB 205 will usher in a new era of accountability and transparency in the development and deployment of AI systems, setting a precedent for other states to follow. ... The Colorado Artificial Intelligence Act takes an affirmative defense approach, allowing companies to prove to a governing entity that ...
A Senate committee discussed the potential pitfalls of artificial intelligence — and overregulating it. We're testing using AI-powered tools to provide an audio version of this story. While ...
Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative ...
The world of artificial intelligence has seemingly entered the realm of law enforcement as some police officers have reported turning to AI chatbots to write police reports. Several police ...
The law broadly defines A.I. to mean: a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments." A.I. includes generative artificial intelligence. See 775 ILCS 5/2 ...
The NFLPAs actions in this suit could have a chilling effect in the future, with companies coming out with new technologies, things like artificial intelligence and so forth, said Ivan Parron, the ...
Law #467-OZ of October 15, 2003 On the Administrative-Territorial Structure of Omsk Oblast and on the Procedures of Its Change, as amended by the Law #1591-OZ of December 10, 2013 On Amending Various Laws of Omsk Oblast Due to the Adoption of the Federal Law "On Education in the Russian Federation". Effective as of the day three months after ...
The Legislative Assembly of Omsk Oblast ( Russian: Законодательное собрание Омской области, romanized : Zakonodatel'noye sobraniye Omskoy oblasti) [ 3] is the regional parliament of Omsk Oblast, a federal subject of Russia. A total of 44 deputies are elected for five-year terms. [ 2][ 4]