Artificial Intelligence: Legal Issues, Policy, and Practical Strategies

by Cynthia H. Cwik (Editor), Christopher A. Suarez (Editor), Lucy L. Thomson (Editor)

Overview

An essential and practical guide to navigate the rapidly evolving laws and policies of Artificial Intelligence.

Artificial Intelligence (AI) is transforming our world at a breakneck pace, including the practice of law. The recent rapid development of generative AI, which produces new outputs based on the data it has been trained on and prompts from users, has been heralded as a revolutionary intellectual and technological development. AI has the potential to improve many aspects of the practice of law, including increasing the speed at which many tasks can be done, boosting productivity, and reducing the amount of time spent on routine tasks. In addition, AI can help to solve one of the most pressing problems facing our legal system – the large number of people who are not able to afford a lawyer and must try to navigate the legal system on their own. 

There also are significant challenges with the use of AI in the legal profession, including AI’s yet undetermined accuracy in drafting legal documents; its potential to undermine confidentiality, privacy and security; the capacity to introduce and perpetuate bias; and its impact on the structure of law firms. Additional concerns include the impact of AI on intellectual property rights; how law schools can best prepare students for this new AI-enabled future; and whether advances in AI will meaningfully reduce the number of attorneys that are needed to serve their clients. Governments and private organizations are grappling with how to develop laws, regulations and rules that will govern the use and functionality of AI systems. 

In order to address these issues, this book contains reflections and chapters by a group of more than 40 preeminent AI and legal experts from in-house legal departments; private practice; non-profits; academia; government, and the judiciary. The book covers a wide range of important topics concerning AI and the law and provides practical advice to attorneys on how to navigate these complex and rapidly evolving issues.

The topics include: 

• A primer on key AI concepts 
• Overarching legal issues, including AI governance and ethics 
• AI and law practice management, including the use of digital assistants, AI use cases for lawyers, and paths to the responsible use of AI by lawyers 
• AI and the courts and how AI can be used to close the justice gap 
• Intellectual property issues, as well as issues at the intersection of AI and the Internet of Things (IoT) 
• The impact of AI on employment law and the workplace 
• Specific types of AI risks, including cybersecurity, privacy, and national security 
• AI and the law from the perspective of practitioners in Europe 
• The long-term future of AI. 

Product Details

ISBN-13:	9781639054930
Publisher:	American Bar Association
Publication date:	09/03/2024
Pages:	358
Product dimensions:	7.00(w) x 10.00(h) x 0.00(d)

About the Author

Cynthia H. Cwik, CIPP/US, has extensive experience resolving issues at the intersection of science, technology, and law. She has served for 20 years as a litigation partner, arbitrator, and mediator at two global law firms, Jones Day and Latham & Watkins, where she successfully represented major companies in complex commercial litigation matters, with an emphasis on cases involving science, technology, and healthcare issues. She has significant experience with ADR proceedings, including domestic and international arbitrations and mediations. As a fellow with the Stanford Distinguished Careers Institute, she focused on cutting-edge technology, including AI, and data and corporate governance. She is the current Vice-Chair of the ABA Presidential Task Force on Law and Artificial Intelligence. She is the coauthor of Artificial Intelligence, Trustworthiness and Litigation (AAAS 2022). She is a past chair of the ABA Section of Science; Technology Law and past president of the Executive Committee of the Yale Law School Association. She graduated summa cum laude from Yale College, and she received her JD from Yale Law School.

Christopher A. Suarez, CIPP/US, is a partner at Steptoe LLP in Washington, DC. Trained in electrical engineering and computer science at the Massachusetts Institute of Technology, Suarez is both a litigator and counselor whose practice focuses on emerging technologies, particularly at the intersection of AI and the Internet of Things. His litigation experience includes patent, copyright, and trade secret litigation, and he has represented both plaintiffs and defendants at every level of the U.S. court system, including the Supreme Court, Federal Circuit, and U.S. district courts. As a counselor, Suarez provides advice on AI governance and policies, IP portfolio management and policies, IP licensing, and privacy. He is the current Budget Officer of the ABA Section of Science & Technology Law, is a passionate advocate for diversity and pro bono work in the legal profession, and is a member of Steptoe’s Diversity and Inclusion Committee. Suarez obtained his JD from Yale Law School.

Lucy Thomson brings deep knowledge of legal and technology issues with complex emerging technologies; law enforcement, private sector, and government perspectives on challenging cybersecurity and privacy issues; a large portfolio of ABA publications she has authored; and experience as a proven ABA leader.

Ms. Thomson is the founding principal of Livingston PLLC, a Washington, D.C. law firm.  

Through her unique background as an attorney and cybersecurity engineer, and work at the intersection of law and technology – as a white collar crime prosecutor and civil rights litigator in the Criminal and Civil Rights Divisions of the U.S. Department of Justice, senior principal engineer at CSC, a global technology company, and Consumer Privacy Ombudsman (CPO) in 35 federal bankruptcy cases – she is an authority on a broad range of critical cybersecurity and global data privacy issues.

Recently appointed the CPO in the Celsius Network case (S.D. N.Y.), one of the largest cryptocurrency bankruptcies, she is responsible for evaluating the sale of “assets” consisting of sensitive personal information and has overseen the disposition of more than 350 million electronic consumer records. Her assessment of the work of the consumer privacy ombudsman and privacy risks in bankruptcy cases is featured in Sensitive Personal Data for Sale in Bankruptcy—An Uncertain Future for Privacy Protection, in the Norton Annual Survey of Bankruptcy Law, 2017 Ed.

She has made significant contributions in the legal profession and inspired others through her leadership on the D.C. Bar Board of Governors (two terms), Bar Secretary, and President of the Women’s Bar Association of D.C. and its Foundation. She has been recognized by her peers for excellence in legal practice through her election to membership in the American Law Institute (ALI) and the ABA House of Delegates (since 2004) and as an elected Alumni Trustee of Phillips Academy/Andover. 

This year she co-authored ABA Resolution 604 on Artificial Intelligence (AI) that was passed unanimously by the House of Delegates at the New Orleans mid-year meeting. She co-authored the election cybersecurity Resolution 118 and two prior cyber resolutions. She has spoken on dozens of ABA programs. She served as 2012-13 chair of the Science & Technology Law Section, and a member of the National Conference of Lawyers and Scientists at the American Association for the Advancement of Science (AAAS) (2009-11).

Ms. Thomson is a founding member of the Cybersecurity Legal Task Force, an ABA Life Fellow, and has served on the Standing Committee on the Law Library of Congress and as ABA Advisor to the Uniform Law Commission. A prolific writer, she is co-editor of The Internet of Things (IoT): Legal Issues, Policy, and Practical Strategies and editor of the Data Breach and Encryption Handbook, and a contributing author on cybersecurity America Votes! (4th Ed.), The Cybersecurity Handbook (3d Ed.), Homeland Security and Emergency Management (3rd Ed.), and Bioinformatics Law. 

Internationally, Ms. Thomson served as a Legal Advisor to the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT), the Asia-Pacific Economic Cooperation (APEC), and the Association of Southeast Asian Nations (ASEAN).  For APEC, she focused on implementing the APEC Privacy Framework in Peru, Chile, Indonesia, Malaysia, the Philippines, Thailand, and Vietnam, and presented a report on her capacity-building privacy work at the senior officials meeting in Jakarta, Indonesia.

Ms. Thomson is a frequent speaker at technology conferences such as RSA, the largest security conference in the world. Her understanding of technology as well as law has made her a go-to person for educating ABA members as well as the public on technology issues. Ms. Thomson received a Master’s degree from Rensselaer Polytechnic Institute (RPI) in 2001, earned the CISSP and CIPP/US certifications, and holds a J.D. degree from Georgetown. Her awards for community service include the Heroines in Technology award from Women in Technology and the March of Dimes, and the highest alumni Distinguished Service Award from Andover. An avid sailor, she races sailboats on the Chesapeake Bay and at Martha’s Vineyard. 

Editorial Reviews

Artificial intelligence—and generative AI in particular—has injected new promise, new peril, and widespread uncertainty to technologies that touch our lives in myriad ways. Legal rights and responsibilities, and indeed the legal system more broadly, are no exception. This thoughtful, well-written book couldn’t be more timely, as we all learn to understand and to adjust both our conduct and our expectations to this brave new world.” —Seth Waxman, Partner, WilmerHale; Former Solicitor General of the United States; Special Advisor, ABA Task Force on Law and Artificial Intelligence 

“Change has never been easy for the legal profession, but this book provides the essential knowledge needed by courts, practitioners, corporations, and the public to not only survive, but lead through what lies ahead with AI.” —Judy Perry Martinez, Of Counsel, Simon, Peragine, Smith & Redfearn, LLP; Past President, American Bar Association; former Vice President and Chief Compliance Officer, Northrop Grumman 

“Although AI has been gradually evolving for years, the public release of ChatGPT by OpenAI in November 2022 generated the most interest, more quickly than any technology ever has. Since then, every day comes with new AI discoveries, products, use cases, and issues. AI affects nearly every conceivable aspect of the law and how law is practiced. This ambitious book will almost certainly be a key resource for lawyers adapting their practices, advising clients, understanding risks, and trying to anticipate changes.” —Michael Fricklas, Chief Legal Officer, Advance Publications; Past President, Association of General Counsel 

“In early 2023 when the dean of Stanford Law asked 75 law deans who had heard of ChatGPT, few hands went up. Shortly thereafter, its emergence was front page news. Now AI is in every discussion, but its rapid evolution exceeds our understanding. This important book helps us grasp the critical, emerging legal and policy issues surrounding AI.” —William Hubbard, Dean, Rice School of Law, University of South Carolina; Past President, American Bar Association 

“This ABA book is a real tour de force of the AI legal issues coming up in IP and beyond. It provides a holistic overview of the AI landscape that covers everything from basic definitions to advanced practice. Multiple articles illustrate very nicely the need for lawyers to understand AI at a technical level. A recurring theme is the need for responsible AI governance, or as one author puts it, ‘good AI hygiene.’ This couldn’t be more true. Congratulations to all the authors on an outstanding piece of work!” —David J. Kappos, Partner, Cravath; Former Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) Artificial Intelligence: Legal Issues, Policy, and Practical Strategies 

From the Publisher