Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Novel Admissibility Considerations for AI

By Jonathan Bick
September 01, 2024

As the use of Artificial Intelligence (AI) increases, so does the likelihood of its role in both civil and criminal proceedings. While AI is often conceived of as a computer which can match or exceed a human's performance in tasks requiring cognitive abilities, in fact it is just software. Software is generally admissible as evidence if it is relevant, material, and competent. However, AI differs from traditional software, perhaps requiring novel admissibility considerations.

More specifically, both traditional software and AI contain algorithms. Algorithms are procedures employed for solving a problem or performing a computation. Algorithms act as a step-by-step list of instructions specifying specific actions to be performed using either hardware or software-based routines. The fundamental difference with AI and traditional algorithms is that an AI can change its outputs based on new inputs, while a traditional algorithm will always generate the same output for a given input.

AI like traditional software may produce two types of evidence, namely computer records and computer generated evidence. Computer records do not require analysis or assumption by the programing, whereas computer generated evidence does. Computer records are generally print outs complied by a computer in a prescribed fashion from data. Computer generated evidence is computer output based on data and assumptions contained in a program.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Anti-Assignment Override Provisions Image

UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?