Artificial Intelligence: Revolution or Evolution?

Of course, other promising, revolutionary technological advances have raised similar, Armageddon-like fears: cloning and gene alteration, to name a few. As lawyers committed to the use of science for the betterment of humanity, we face a special challenge—it is we who must work alongside scientists to promote, monitor, and regulate the best uses of technological innovation—and to draft policies on potentially harmful uses. It’s a significant job, but one the members of this Section (and indeed readers of and contributors to this magazine) are uniquely qualified to approach.

In their respective articles in this issue, Natasha Duarte and April Doss each take on broad ethical and policy issues affecting the development of AI across fields of knowledge. Duarte introduces possible ethical frameworks for the use of AI in analyzing big data and making automated decisions. Doss argues that our traditional, common-law approach to forming law and policy—namely, the gradual accumulation of judicial decisions—is simply not dynamic enough to meet the rapidity of change in areas like AI.

There are a number of excellent pieces in this issue on more granular AI topics as well. In medicine, Matt Henshon advises the use of AI in small ways, to enhance human decision making. Aubrey Haddach and Jeffrey Licitra demonstrate the high human cost of an AI-driven false positive in medical diagnostics. Privacy issues come to the fore in Kay Firth-Butterfield’s article on data privacy and AI: the European Union, for one, seeks transparency in how automated decision-making systems may reach adverse decisions against consumers.

Professor Gary Marchant offers a hopeful note on how AI may affect the practice of law. He concludes we lawyers face an evolution, not a revolution, as many developing technologies will benefit our efforts but not replace the need for human oversight.

Speaking of change and evolution, this is my farewell column as Section Chair. In August, we had a very productive ABA Annual Meeting in New York City, during which we cosponsored a very successful ABA Showcase Program on Cybersecurity (the Section’s Eric Hibbard was among the panelists). Our past Section Chair Heather Rafter offered a timely CLE panel on copyright issues affecting music and technology. Committee leaders Katherine Lewis (our incoming Secretary) and Barron Oda provided two fascinating arts-focused CLE programs—one on virtual and augmented reality; the other on technological advances in detecting art forgery.

At the conclusion of the Annual Meeting, it was my privilege to pass the gavel to our new Section Chair: David Z. Bodenheimer of Washington, D.C. Nationally ranked by Chambers USA in the area of government contracts, David’s expertise in that field and in related areas, such as privacy, cybersecurity, and homeland security, will be a great boon to our Section. I commend him to you all. u