Lawsuits over artificial intelligence (AI) begin of This is a hot topic in 2024. Artificial intelligence has evolved from science fiction to mainstream reality almost overnight, far outpacing developments in law in the process. As a result, despite the current widespread use of both predictive and generative AI, key issues remain undecided, making this a perfect breeding ground for litigation to chart future directions. Masu.
To illustrate how new the legal issues surrounding AI are, take a look at the following document from George Washington University. AI litigation database. As of this writing, the training data lists a total of 102 incidents across U.S. history related to AI, but many of these incidents are still unresolved. To put this into context: Approximately 1,000 lawsuits filed in federal district court every day. It is clear that AI-related lawsuits currently represent only a small portion of all litigation across the country.
“We expect to see a significant amount of AI litigation in 2024. Historically, there have been relatively few AI-related lawsuits, but all signs point to this year being a turning point. In the future. As we look ahead, AI could play a role in a significant percentage of all litigation across the country.” – Dr. Nick Oberheiden, founding attorney, Oberheiden PC
But this could change in 2024. Artificial intelligence is here to stay, and its role in business, capital markets, securities markets, and our daily lives will continue to expand. 2024 is expected to bring a flood of AI-related lawsuits, and cases filed this year will set groundbreaking precedents for years to come.
Why 2024 will be the year of AI litigation
Here are seven reasons why 2024 will be the year of AI litigation.
1. Predictive AI is no longer new.
Although the reality of living with artificial intelligence has only recently entered the public consciousness, predictive AI has been around for a long time. Companies and enterprises across a wide range of industries are using predictive AI in a variety of applications, whether they realize it or not. As public awareness of AI and its risks and limitations generally increases, predictive AI is expected to come under more legal scrutiny. Both consumer and commercial claims will become more common. In addition, developer and vendor licensing agreements, the Electronic Communications Privacy Act, and the liability-shifting provisions of the Digital Millennium Copyright Act will play an important role in determining who is liable. .
The limited number of lawsuits filed to date illustrates the breadth of litigation potential in this area. Pending lawsuits range from automakers’ liability for accidents involving self-driving cars (which rely on predictive AI to make decisions on the road) to using AI to implicate underlying racial bias. It includes a wide range of issues, including the responsibility of law enforcement agencies for carrying out “predictive enforcement.”
2. Generative AI is here in earnest
Generative AI is coming in a big way. For those unfamiliar, generative AI is the technology underlying his ChatGPT and its rapidly growing list of competitors. Generative AI allows users to enter prompts and receive output ranging from written text to musical compositions to photorealistic images. In short, to generate these outputs, ChatGPT and other platforms rely on computer knowledge bases generated by scouring the content and data currently available online.
The world’s largest companies are investing billions of dollars in generative AI, and companies of all sizes are already leveraging it in their products, services, and marketing campaigns. However, some of the most fundamental legal questions raised by generative AI remain unresolved.This will inevitably change, and we are already seeing some major publishers lead the way.
3. Both predictive and generative AI are here to stay
While some new technologies come and go, it seems pretty certain that both predictive and generative AI tools are here to stay. As a result, businesses need legal guidance, and businesses and individuals alike need to be able to go to court if their rights are violated. Recognizing that AI is here to stay (and that the law is still being decided), we expect companies to invest heavily to ensure that class action lawsuits are in their favor. Test cases exist, and the judges and justices who decide these test cases will establish important summary judgment precedents in the future.
4. Artificial Intelligence is not 100% reliable
Another factor that is likely to lead to a flood of AI-related case law in the coming years is that artificial intelligence is not 100% reliable. Predictions are inherently uncertain, and both predictive and generative AI platforms have already shown the potential to make mistakes, ultimately leading to lawsuits being dismissed in court. If reliance on AI causes a car accident, misdiagnosis, discrimination, or economic loss, will the plaintiff be held liable? Is there a possibility of dismissal or modification of the case? This is a fundamental question and there is no clear answer.
Another area of AI-related litigation expected to be at the forefront in 2024 is litigation arising from non-compliance. Companies and individuals often rely on AI to make decisions and generate content with significant legal implications.
Complex legal issues also arise if AI recommends anti-competitive business strategies or makes defamatory comments. Again, answering these questions requires building a body of case law through litigation.
5. Laws surrounding AI are still unclear
As we have already suggested, the laws surrounding AI are not yet in place. very Unclear. Although there are a limited number of AI-related cases decided to date, judges often avoid making AI-specific decisions and instead consider the underlying contract law, statutory law, Prefers to focus on common law principles. However, as artificial intelligence increases in prominence, judges will be forced to face head-on the types of questions discussed above.
The prominence of artificial intelligence will demand clear legal guidance (or at least the clearest possible guidance), and companies that need answers will drive their agendas forward with new legal theories.
6. Artificial intelligence can (and does) play a role in all types of litigation.
Although the number of AI-related lawsuits filed in U.S. district courts by 2024 is limited, we have already seen artificial intelligence play a role in many different types of litigation. AI has such a wide range of applications that it has the potential to be involved in litigation in almost every area of law in some way. Examples of AI-centric lawsuits we expect to see in 2024 (and beyond) include:
- Litigation regarding antitrust law and unfair competition prevention law
- civil rights litigation
- commercial contract litigation
- Consumer litigation regarding products and services that utilize AI
- defamation lawsuit
- employment litigation
- federal white collar criminal litigation
- Plaintiffs are asserting intellectual property claims (patents, direct copyright infringement, trademarks, and trade secrets).
- Medical malpractice and professional liability litigation
- Privacy and data security litigation
- securities fraud lawsuit
Again, these are just examples. As companies develop new AI models and platforms, and other companies use these platforms in new and innovative ways, legal questions will continue to arise much faster than they can be answered. . Companies will move forward without realizing (or in spite of) the risks involved, and litigation will lead the way to providing some certainty for the future.
7. There is a growing awareness of AI and its potential, limitations, and risks.
After all, AI litigation will inevitably be a hot topic in 2024. There is a growing awareness of AI and its potential, limitations, and risks. As awareness increases, so does usage, and with increased usage comes increased claims and disputes. AI developers, vendors, and their customers will need to litigate AI-related disputes, whether they want to or not, and will need to push the envelope to ensure the law is in their favor. there is.
It will be interesting to see how the first major incident ends. The New York Times litigators, for example, clearly believe that properly argued plaintiffs have grounds to challenge the legality of the fundamental nature of the generative AI platforms that exist today; It’s also clear that there are companies behind these platforms, including giants such as: Microsoft and Google also believe they are right.
But someone must be wrong. When it comes to enacting AI legislation, it’s understandable that many companies will want to be proactive, but others may be forced to defend themselves from litigation out of necessity. In either scenario, the outcome of the initial AI incident will be critical. Technology is currently leading the way, but things could go in the other direction if courts step in and tell AI developers they need to rethink their approach.
Now, which way should we go? It’s too early to tell at this point. A lot of big companies and a lot of great lawyers are involved on both sides. But one thing is for sure: we need answers. It will be interesting to see what lawsuits are filed in 2024. And it will be even more interesting to see which of these cases make it to trial.
