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IBA Annual Conference Miami 2022

30 Oct - 4 Nov 2022

Rooms 203-205, Level 2

Session information

BIC Showcase: key questions to be discussed when drafting a new framework on AI

Wednesday 2 November (1430 - 1730)

Rooms 203-205, Level 2
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Committee(s)

Bar Issues Commission (Lead)
Alternative and New Law Business Structures Committee

Description

HumanRightsRuleOfLawThe futurist Ray Kurzweil has forecasted that artificial intelligence may reach or exceed levels of human intelligence by 2029. It does not matter whether the timing of the prediction is accurate. What matters is how we deal with a technology that has the potential to outpace human development. Therefore, a forward-looking regulation is required in order to protect a humane society and human rights. Today, we can observe the rapid progression of self-driving cars or robots in healthcare. What we have not yet seen to the same degree is how human judgment is taken over by AI. If we want to preserve a human society where humans continue to make the final decisions, we need, however, to make sure that humans remain in control. These considerations hold particularly true for the areas of advocacy, justice, law enforcement, and public administration. While still in its early stages, digitization is also advancing in these sectors, which are central to the functioning of each democratic society. Stressing the importance of a human society is not denying the benefits of innovation and progress. For example, studies have shown that less than 50% of the population have access to the legal system in some jurisdictions. Technology – including AI-based instruments – can help broaden such access due to lower costs and easy access. Intelligent systems could for instance, be used to largely automate the submission of briefs and the issuing of court orders in civil proceedings. However, once AI-based technology is applied in the courtroom or in the decision-making process, fundamental legal rights could be seriously affected. While lawyers will adapt their working methods and use new technologies, they will continue to consider themselves as advocates of those who need them and as guardians of the rule of law as an overarching principle of freedom and democracy. This will not apply, on an algorithm, be it as intelligent as it may be. Bars should, therefore, actively participate in the regulation of AI being applied in the areas of advocacy. Acknowledging the increasing importance of AI in modern society, and the expected benefits when used at the service of the legal profession, key questions need to be discussed when drafting a new framework on AI.

Session / Workshop Chair(s)

Steven Richman American Bar Association, Washington, District of Columbia, USA; Chair, IBA Credentials Committee

Speakers

Riccardo Cajola Cajola & Associati, Milan, Italy; Chair, Artificial Intelligence Working Group
Professor Christian Duve Duve Law, Frankfurt, Germany
Professor Lyra Jakuleviciene Dean, Faculty of Law, Mykolas Romeris University, Vilnius, Lithuania
Diego Muñoz-Tamayo Muñoz Tamayo y Asociados Abogados, Bogota, Colombia
Fernandez Obiene Tsedaqah Attorneys , Lagos, Nigeria