Discoverability of AI Algorithms and their Data Inputs in Court Cases

Emerging Issues: Did you know that courts are grappling with the transparency and accuracy of AI in court cases? In a case called New Jersey v. Arteaga, Francisco Arteaga is accused of a robbery captured on video, and his image matched a facial recognition system, so he was arrested, although he claims he was not near the robbery location. Electronic Privacy Information Center, the Electronic Frontier Foundation, and the National Association of Criminal Defense Lawyers submitted an amicus brief to the court to examine the AI and any human edits made as part of the legal discovery process. In this session, we will discuss the risk of using AI in high-stakes legal situations where the accuracy is in question, the lack of transparency in AI systems as problematic in legal discovery, the problem of human intervention in AI data systems when used as evidence in court cases, the history of this case and why it is important. LEARNING OBJECTIVES: 1. Learn about the details and significance of the New Jersey vs. Arteaga case and the use of facial recognition 2. Learn about the challenges and risks of use of evidence from AI systems in court cases 3. Learn what are the best practices when considering AI in discovery situations