Here There Be Dragons: The Likely Interaction of Judges with the Artificial Intelligence Ecosystem

Artificial intelligence, or “AI,” is frequently referenced both in the news and in commercial advertisements. It often appears that nearly everything is or soon will be a product of AI. In fact, however, other than natural language processing, true AI is still in its early stages and far less common than advertising would suggest. This is not to say that it is or will be unimportant. Rather, judges increasingly will be dealing with AI and related technologies, including the Internet of Things (IoT), Data Analytics, Blockchain, Cryptocurrencies, and the like, that we collectively refer to as the “AI Ecosystem.”¹ Unfortunately, the AI Ecosystem can be immensely complicated. It likely will pose new challenges to the judges who will have to resolve the legal disputes that will stem from it and who will have to use the ecosystem in their daily work. In the medieval period, maps that included unexplored territory sometimes included the inscription Here There Be Dragons as a warning of the possible fearsome consequences of the unknown. Such an appellation is not unreasonable as we come to grips with the AI Ecosystem.