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  • Alan Schiess

Has AI changed what is true?

Typically, the average person does not question the validity of “facts” they see or hear. Will the implementation of Artificial Intelligence in our daily lives change how we as a society think about the information we are receiving?  

The Global Business Law Review’s symposium focused on this question, as well as the effects of Artificial intelligence in many other areas of the law and our lives. Artificial Intelligence, more commonly known as “AI,” is a trained learning model that sources information from the internet to manufacture or compile an answer or other content for the user. AI is readily available to anyone with an internet connection and is very good at accurately reviewing large amounts of data to create reports or finding fraud and inconsistencies in data. However, some biases in the algorithm have been discovered. Accessibility is not inherently bad, because AI can be used as a tool for good; however, it may also be used to produce—among other bad things—phishing emails, deep fakes, false evidence for litigation, or malware to record a victim’s computer keystrokes. AI will even hallucinate to draft legal briefs and cite cases that don’t exist if it can’t source the content that it is being asked to produce. Given the pros and cons of AI, if one is going to use and trust AI, said person must learn to verify (or at least look at) the output.  

Moving forward, individuals and companies need to determine to what extent and how they are going to use AI. An example given during the symposium was the analogy of AI being the brakes on a car. Brakes allow the operator to drive faster because they have confidence they will be able to slow down. However, brakes can bring the car to a screeching halt. AI, like brakes, may help companies and individuals be more productive; but if a bad actor applies the brakes (gains access to your company's data or otherwise), all actions will come to a grinding halt.  

Therefore, the extent of AI used, and protection implemented, should depend on the value of the information that is being handled. The higher the data’s value, the more likely the risk of a breach of cybersecurity. Most companies are not implementing policies to comply with laws, but to ensure sensitive data is not lost. Extensive protections may not be necessary for a mechanic’s shop that uses AI and the internet to look for car parts, while a law firm should take great care to protect their clients' confidential information. As part of keeping information secure, companies should know that working from home has opened the door to more threats. The use of portals or a VPN service is recommended when connected to an unsecured network. Further, imputing confidential information into an AI model is not protected and can be found by bad actors. Finally, when receiving data or information, verify the information is correct and reasonable.  

If you missed the GBLR symposium and would like to watch it, we have it recorded. Email me at a.schiess19@cmlaw.csuohio.edu and I will send you a recording. If you would like to learn more about this topic, the Intellectual Property & Technology Association (“IPTA”) meets more than 6 times a year to discuss relevant topics in the IP space. IPTA is also privileged to be overseen by an expert in IP law, Christa Laser. Join GBLR and IPTA to learn more about IP and how it affects us every day.  

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