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US Requiring New AI Safeguards for Government Use, Transparency

An AI (Artificial Intelligence) sign is seen at the World Artificial Intelligence Conference (WAIC) in Shanghai, China July 6, 2023. REUTERS/Aly Song/File Photo
An AI (Artificial Intelligence) sign is seen at the World Artificial Intelligence Conference (WAIC) in Shanghai, China July 6, 2023. REUTERS/Aly Song/File Photo
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US Requiring New AI Safeguards for Government Use, Transparency

An AI (Artificial Intelligence) sign is seen at the World Artificial Intelligence Conference (WAIC) in Shanghai, China July 6, 2023. REUTERS/Aly Song/File Photo
An AI (Artificial Intelligence) sign is seen at the World Artificial Intelligence Conference (WAIC) in Shanghai, China July 6, 2023. REUTERS/Aly Song/File Photo

The White House said Thursday it is requiring federal agencies using artificial intelligence to adopt "concrete safeguards" by Dec. 1 to protect Americans’ rights and ensure safety as the government expands AI use in a wide range of applications.
The Office of Management and Budget issued a directive to federal agencies to monitor, assess and test AI’s impacts "on the public, mitigate the risks of algorithmic discrimination, and provide the public with transparency into how the government uses AI." Agencies must also conduct risk assessments and set operational and governance metrics, Reuters said.
The White House said agencies "will be required to implement concrete safeguards when using AI in a way that could impact Americans' rights or safety" including detailed public disclosures so the public knows how and when artificial intelligence is being used by the government.
President Joe Biden signed an executive order in October invoking the Defense Production Act to require developers of AI systems posing risks to US national security, the economy, public health or safety to share the results of safety tests with the US government before publicly released.
The White House on Thursday said new safeguards will ensure air travelers can opt out from Transportation Security Administration facial recognition use without delay in screening. When AI is used in federal healthcare to support diagnostics decisions a human must oversee "the process to verify the tools’ results."
Generative AI - which can create text, photos and videos in response to open-ended prompts - has spurred excitement as well as fears it could lead to job losses, upend elections and potentially overpower humans and catastrophic effects.
The White House is requiring government agencies to release inventories of AI use cases, report metrics about AI use and release government-owned AI code, models, and data if it does not pose risks.
The Biden administration cited ongoing federal AI uses, including the Federal Emergency Management Agency employing AI to assess structural hurricane damage, while the Centers for Disease Control and Prevention uses AI to predict spread of disease and detect opioid use. The Federal Aviation Administration is using AI to help "deconflict air traffic in major metropolitan areas to improve travel time."
The White House plans to hire 100 AI professionals to promote the safe use of AI and is requiring federal agencies to designate chief AI officers within 60 days.
In January, the Biden administration proposed requiring US cloud companies to determine whether foreign entities are accessing US data centers to train AI models through "know your customer" rules.

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Justice at Stake as Generative AI Enters the Courtroom

Generative artificial intelligence has been used in the US legal system by judges performing research, lawyers filing appeals and parties involved in cases who wanted help expressing themselves in court. Jefferson Siegel / POOL/AFP
Generative artificial intelligence has been used in the US legal system by judges performing research, lawyers filing appeals and parties involved in cases who wanted help expressing themselves in court. Jefferson Siegel / POOL/AFP
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Justice at Stake as Generative AI Enters the Courtroom

Generative artificial intelligence has been used in the US legal system by judges performing research, lawyers filing appeals and parties involved in cases who wanted help expressing themselves in court. Jefferson Siegel / POOL/AFP
Generative artificial intelligence has been used in the US legal system by judges performing research, lawyers filing appeals and parties involved in cases who wanted help expressing themselves in court. Jefferson Siegel / POOL/AFP

Generative artificial intelligence (GenAI) is making its way into courts despite early stumbles, raising questions about how it will influence the legal system and justice itself.

Judges use the technology for research, lawyers utilize it for appeals and parties involved in cases have relied on GenAI to help express themselves in court.

"It's probably used more than people expect," said Daniel Linna, a professor at the Northwestern Pritzker School of Law, about GenAI in the US legal system.

"Judges don't necessarily raise their hand and talk about this to a whole room of judges, but I have people who come to me afterward and say they are experimenting with it”.

In one prominent instance, GenAI enabled murder victim Chris Pelkey to address an Arizona courtroom -- in the form of a video avatar -- at the sentencing of the man convicted of shooting him dead in 2021 during a clash between motorists.

"I believe in forgiveness," said a digital proxy of Pelkey created by his sister, Stacey Wales.

The judge voiced appreciation for the avatar, saying it seemed authentic.

"I knew it would be powerful," Wales told , "that that it would humanize Chris in the eyes of the judge."

The AI testimony, a first of its kind, ended the sentencing hearing at which Wales and other members of the slain man's family spoke about the impact of the loss.

Since the hearing, examples of GenAI being used in US legal cases have multiplied.

"It is a helpful tool and it is time-saving, as long as the accuracy is confirmed," said attorney Stephen Schwartz, who practices in the northeastern state of Maine.

"Overall, it's a positive development in jurisprudence."

Schwartz described using ChatGPT as well as GenAI legal assistants, such as LexisNexis Protege and CoCounsel from Thomson Reuters, for researching case law and other tasks.

"You can't completely rely on it," Schwartz cautioned, recommending that cases proffered by GenAI be read to ensure accuracy.

"We are all aware of a horror story where AI comes up with mixed-up case things."

The technology has been the culprit behind false legal citations, far-fetched case precedents, and flat-out fabrications.

In early May, a federal judge in Los Angeles imposed $31,100 in fines and damages on two law firms for an error-riddled petition drafted with the help of GenAI, blasting it as a "collective debacle."

The tech is also being relied on by some who skip lawyers and represent themselves in court, often causing legal errors.

And as GenAI makes it easier and cheaper to draft legal complaints, courts already overburdened by caseloads could see them climb higher, said Shay Cleary of the National Center for State Courts.

"Courts need to be prepared to handle that," Cleary said.

Transformation

Law professor Linna sees the potential for GenAI to be part of the solution though, giving more people the ability to seek justice in courts made more efficient.

"We have a huge number of people who don't have access to legal services," Linna said.

"These tools can be transformative; of course we need to be thoughtful about how we integrate them."

Federal judges in the US capitol have written decisions noting their use of ChatGPT in laying out their opinions.

"Judges need to be technologically up-to-date and trained in AI," Linna said.

GenAI assistants already have the potential to influence the outcome of cases the same way a human law clerk might, reasoned the professor.

Facts or case law pointed out by GenAI might sway a judge's decision, and could be different than what a legal clerk would have come up with.

But if GenAI lives up to its potential and excels at finding the best information for judges to consider, that could make for well-grounded rulings less likely to be overturned on appeal, according to Linna.