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Hot Topics in Research Law | AI in Research – Impacts of the Legal/Regulatory Framework

By SRAI News posted 06-12-2024 12:19 PM

  

Hot Topics in Research Law | AI in Research – Impacts of the Legal/Regulatory Framework

The Spotlight continues its series on the implications of emerging legal issues when using artificial intelligence (AI) in the research arena. This month, possible compliance concerns due to an increasing regulatory framework are discussed.

Artificial intelligence (AI) is causing ripples in the legal regime and court system as well as generating a new regulatory framework. 

AI Impacts the Court System
The American Association for the Advancement of Science (AAAS) with funding from the National Institute of Standards and Technology (NIST) recently developed materials on AI for judges. These resources, comprised of several articles and podcasts, were highlighted in the Spring 2024 issue of The SciTech Lawyer.(1) Author Alain Norman provided written highlights of the three podcasts that centered on how AI-based tools are being used in the legal profession and their possible effects on decision-making by the courts. The key takeaways include:

“AI is very good at analyzing large amounts of data to find patterns, which is something that humans do, but which AI tools can achieve much faster; however, AI-revealed ‘correlations’ or predictions do not necessarily constitute proof. Accordingly, humans are, and likely will remain, crucial to making final determinations as to the import or weight of information derived from AI tools.” Meanwhile, studies are being conducted at “the nexus of computer and social science” to understand whether, or how, humans and machines might best be combined to achieve optimal “conjoined outcomes.” 

“Yet, it remains unclear whether or how human ‘values that are difficult to quantify’ (e.g. justice, mercy, or equity) could be incorporated into AI tools.  Certainly, NIST has suggested that we are all trying to define and address ‘socio-technical’ challenges arising from the increasing use and sophistication of AI tools.”(2)

Norman concludes that “it is clear that AI is being rapidly and increasing incorporated into legal work, administrative adjudications, and aspects of courts’ work.”(3) Similarly, it is anticipated that AI tools will grow in use in academic research and research administration.

AI’s Regulatory Framework
In 2023, the Biden administration issued an Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO AI).(4) The order leverages the federal government’s purchasing power, encouraging the use of AI throughout the government and directing federal agencies to issue instructions in upcoming months.(5) Further, it charges the United States Patent and Trademark Office to develop guidance on inventorship, patent eligibility, treatment of copyrighted works in AI training, the scope of protection for works produced using AI, and the use of copyrighted work in AI training.(6) Though the focus is the federal government, the order’s influence will likely extend to private sector organizations as well.  Predictably, legislation and regulatory guidance are not limited to the federal government. Several states and cities have requirements regarding the use of AI e.g., Illinois’ use of AI video interview analysis, New York City’s Local Law 144 governing AI in hiring decisions, the California Privacy Rights Act notice regarding collection of employment related information,(7) and the new Colorado Artificial Intelligence Act (SB 205).(8) Several other states are proposing additional legislation while Congress faces increased pressure to enact legislation to address a number of areas of potential concern. Also, the European Union (EU) adopted the EU AI Act on December 8, 2023.(9) Accordingly, be on the outlook for more legislation and requirements.

AI Governance Standards and ISO 42001
To help organizations manage compliance with this seemingly chaotic and evolving regulatory nightmare, NIST issued the voluntary Artificial Intelligence Risk Management Framework 1.0 (AI RMF).(10) Hopefully, this will become a source for building AI compliance programs much like NIST’s Cybersecurity Framework.  Further, the International Organization for Standardization (ISO) has issued guidance that outlines another voluntary framework for organizations of all sizes to establish and maintain an AI management system.  This approach differs from the EU AI Act in that rather than impose rigid definitions or requirements, ISO describes a coherent approach for policies, documentation, and risk management practices and controls.(11)

It can be easily seen that the management and regulation of AI is a fast-moving and evolving process – with new standards and guidance as well as blossoming legislation that will touch many professional fields, including research administration and its associated disciplines.

Citations:

  1. Norman, A. (2024, Spring). AI and the Courts: A Look at the 2022 NIST-Funded AAAS Project Providing AI Guidance to Judges. The SciTech Lawyer, Vol. 20, No. 3, pp.4-7. Podcasts available at https://www.aaas.org/podcast/ai4judges
  2. Norman, A. (2024, Spring). AI and the Courts: A Look at the 2022 NIST-Funded AAAS Project Providing AI Guidance to Judges. The SciTech Lawyer, Vol. 20, No. 3, p.7.   Podcasts available at https://www.aaas.org/podcast/ai4judges.
  3. Norman, A. (2024, Spring). AI and the Courts: A Look at the 2022 NIST-Funded AAAS Project Providing AI Guidance to Judges. The SciTech Lawyer, Vol. 20, No. 3, p.7. Podcasts available at https://www.aaas.org/podcast/ai4judges.
  4. Biden, J. (2023, October 23). Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The White House Briefing Room.
  5. Lamm, E.M. (2024, Spring). Navigating the Patchwork of AI Laws, Standards, and Guidance. The SciTech Lawyer, Vol. 20, No. 3, pp. 8-9.
  6. Lamm, E.M. (2024, Spring). Navigating the Patchwork of AI Laws, Standards, and Guidance. The SciTech Lawyer, Vol. 20, No. 3, p. 9.
  7. Lamm, E.M. (2024, Spring). Navigating the Patchwork of AI Laws, Standards, and Guidance. The SciTech Lawyer, Vol. 20, No. 3, p. 9.
  8. Rodriguez, R., Titone, B., Rutinel, M. (2024, May 17). Consumer Protections for Artificial Intelligence. Colorado General Assembly, SB 24-205.
  9. Rodriguez, R., Titone, B., Rutinel, M. (2024, May 17). Consumer Protections for Artificial Intelligence. Colorado General Assembly, SB 24-205.
  10. Locascio, L. (2023, January 6). Artificial Intelligence Risk Management Framework (AI RMF 1.0). National Institute of Standards and Technology, U.S. Department of Commerce.
  11. International Organization for Standardization. Information technology - Artificial intelligence - Management system.  (2023, ISO/IEC 42001)


Authored by

David D. King, Retired, Senior Associate University Counsel
University of Louisville
SRAI Distinguished Faculty

J. Michael Slocum, JD, President
Slocum & Boddie, PC
SRAI Distinguished Faculty


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