Fri. Jun 2nd, 2023

Content Assessment: A Deep Dive into Uncharted Waters: An Exploratory Analysis of Justice in a Generative AI World

Information - 95%
Insight - 96%
Relevance - 96%
Objectivity - 94%
Authority - 95%

95%

Excellent

A short percentage-based assessment of the qualitative benefit of the new paper titled "The GPT Judge: Justice in a Generative AI World" as shared by author/experts Maura Grossman, Paul W. Grimm, Daniel G. Brown, and Molly (Yiming) Xu.

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Background Note: In an era defined by the growing influence of artificial intelligence, distinguished experts Maura Grossman, Paul W. Grimm, Daniel G. Brown, and Molly (Yiming) Xu are at the forefront of illuminating the legal and ethical landscapes shaped by this advancement. Their forthcoming paper, “The GPTJudge: Justice in a Generative AI World,” offers a deep dive into the uncharted waters of Generative AI (GenAI) and its implications for those in the eDiscovery ecosystem. This pivotal analysis, shared with permission, is scheduled for publication in Vol. 23, Iss. 1 of Duke Law & Technology Review (October 2023).

In this new paper, the authors dive into the capabilities of state-of-the-art GenAI systems, such as ChatGPT, which have rapidly evolved to generate content strikingly similar to those created by humans. This unprecedented progress in AI technology is provoking profound challenges for litigants, attorneys, and the courts, especially concerning the authentication of AI-produced evidence. In this area, the authors suggest a potential surge in litigation expenses as parties may increasingly resort to forensic experts to examine AI-generated evidence.

With a keen eye on intellectual property law, the authors also explore the implications of GenAI crafting machine-made content. Though not human-originated, this content could potentially infringe upon human-generated content, prompting a reevaluation of current laws and practices. They further scrutinize how GenAI may alter the way legal cases are litigated and adjudicated.

Leveraging their expansive expertise and unique insights, the authors present a comprehensive and cogent overview of GenAI’s workings. They tackle the intricate evidentiary conundrums surfacing in civil and criminal trials due to genuine or purported (i.e., deepfake) GenAI output. Notably, the paper proposes practical, sequential guidelines for courts and lawyers to effectively navigate the evidentiary challenges propelled by GenAI.

This fundamental yet groundbreaking work promises to be an invaluable resource for professionals in cybersecurity, information governance, and eDiscovery, aiding them as they begin navigating the legal and ethical quandaries of GenAI use.

Industry Expert Paper*

The GPTJudge: Justice In A Generative AI World

By Maura Grossman, Paul W. Grimm, Daniel G. Brown, and Molly (Yiming) Xu

Abstract

Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they are capable of producing computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos and audio recordings that are AI-generated are becoming increasingly difficult to differentiate from those that are not AI-generated. These technological advancements present significant challenges to parties, their counsel, and the courts in determining whether evidence is authentic or fake. Moreover, the explosive proliferation and use of GenAI applications raises concerns about whether litigation costs will dramatically increase as parties are forced to hire forensic experts to address AI-generated evidence, the ability of juries to discern authentic from fake evidence, and whether GenAI will overwhelm the courts with AI-generated lawsuits, whether vexatious or otherwise. GenAI systems have the potential to challenge existing substantive intellectual property (“IP”) law by producing content that is machine, not human, generated, but that also relies on human-generated content in potentially infringing ways. Finally, GenAI threatens to alter the way in which lawyers litigate and judges decide cases.

This article discusses these issues, and offers a comprehensive, yet understandable, explanation of what GenAI is and how it functions. It explores evidentiary issues that must be addressed by the bench and bar to determine whether actual or asserted (i.e., deepfake) GenAI output should be admitted as evidence in civil and criminal trials. Importantly, it offers practical, step-by-step recommendations for courts and attorneys to follow in meeting the evidentiary challenges posed by GenAI. Finally, it highlights additional impacts that GenAI evidence may have on the development of substantive IP law, and its potential impact on what the future may hold for litigating cases in a GenAI world.


Complete Paper: The GPTJudge: Justice In A Generative AI World – (PDF) – Mouseover to Scroll 

The GPTJudge – Justice in a Generative AI World – Authors' Copy

Access the PDF of the Paper


* Shared with permission of authors.

About the Authors

Maura R. Grossman, J.D., Ph.D. and Daniel G. Brown, Ph.D., are professors, and Molly (Yiming) Xu is an undergraduate student (as well as Drs. Grossman and Brown’s research assistant) in the David R. Cheriton School of Computer Science at the University of Waterloo. Dr. Grossman is also an adjunct professor at Osgoode Hall Law School of York University and an affiliate faculty member of the Vector Institute of Artificial Intelligence. Hon. Paul W. Grimm (ret.) is the Director of the Bolch Judicial Institute and the David F. Levi Professor of the Practice of Law at Duke Law School. Previously, he served as a District Judge (and before that as Magistrate Judge) in the United States District Court for the District of Maryland.

Cite: Grossman, Maura and Grimm, Paul W. and Brown, Dan and Xu, Molly, The GPTJudge: Justice in a Generative AI World (May 23, 2023). Duke Law & Technology Review, Vol. 23, No. 1, 2023, Available at SSRN: https://ssrn.com/abstract=4460184

 


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