My name is Kim, I'm interested in social justice/law. I am the sole author and researcher for "Ban the Use of AI in Legal Matters" - Petition.

My petition is to gather interest for banning the use of AI in legal matters.

"Artificial intelligence (AI) is technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy." - [4]

AI mimics/learns from the data of individuals/entities/everyday people, which can be manipulated to convey a particular message or ideology. It can be very convincing and has the potential to deceive with effortless ease. The use of 'filters', digitally created 'masks' that can alter a persons' appearance allows someone to conceal their identity and communicate to an audience without the viewer knowing who they really are.

This type of technology is already presenting real dangers with content such as "deepfakes" - it is probable that AI, or these attacks, can create serious ethical issues and challenges.

This is already evident in the events of cyberattacks, attacks that are sophisticated and target individuals by learning about a person or persons' credentials, exploits, and data.

"In an AI-driven social engineering attack, an algorithm can be used to do the following:

• Identify an ideal target, including both the overall corporate target and a person within the organization who can serve as a gateway to the IT environment;
• Develop a persona and corresponding online presence to carry out communication with the attack target;
• Develop a realistic and plausible scenario that would generate attention; and
• Write personalized messages or create multimedia assets, such as audio recordings or video footage, to engage the target." [5]

As you, or one, can imagine, this can cause a case (or issue) that is on foot (or ongoing) to become compromised or manipulated, raising questions around accountability, and likely, a menagerie of other issues. 

Such hypotheticals could include: 

1. Unwanted/unsolicited contact or engagement (via artificial intelligence or as a result of exposure to artificial intelligence) to menace/antagonise, intimidate, malignly influence, provoke, threaten, cause nuisance to, abuse, batter (battery), and/or (in extreme cases) torture or terrorise a person in its' various forms (etc. a legal oppositions' witness/defendant/victim);
2. Challenges around accountability for potential harms caused;
3. "Gaslighting" - causing a victim to question or doubt reality from being presented with false or misleading content (misinformation/disinformation);
4. Questions around ownership of the content of a parties' legal arguments (authenticity);
5. Interjurisdictional issues or issues that cause conflict between the legal understandings of different physical/non-physical places - (for instance: in Australia, the law differs between the various states of the country, and there may be differences in certain tests with regard to the deliberation of cases (ie. presumption of innocence) and legal system particulars, (ie. adversarial/inquisitorial procedural systems);
6. Potential involvement/interference of "third parties" to become entangled in a case, which can further complicate, or aggravate an original issue, challenge, or matter, and add legal complexities (such as crossovers between different types of law), or introduce opinions or considerations that are not within the scope of the issue being pursued;
7. The potential to illegally encroach on a person in various forms (ie. in situations where family violence is occurring, therefore breaching a person's privacy and personal safety); 
8. Disclosing/sharing of privileged/confidential information via channels external to the correct legal processes and procedures (due process);
9. Causing general miscarriages of justice (2. The right to equality before the courts and tribunals and to a fair trial is a key element of human rights protection and serves as a procedural means to safeguard the rule of law. Article 14 of the Covenant aims at ensuring the proper administration of justice, and to this end guarantees a series of specific rights.) see also Article 14 of same [7]; 
10. AI making potential misrepresentations on behalf of companies/entities/individuals;
11. The potential to undermine governing structures such as: The Universal Declaration of Human Rights, Geneva Conventions, and other international and domestic laws;
12. An overall contempt of court; and
13. Issues around consent.

Please sign this petition to show your interest. 

I'd also be interested in hearing from others/conversations around this issue.

"The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights." [6]

Thank you,

Kim

This document is organic and will be added to as my research develops. More research is being done and will be added in due course.

If you see this petition advertised anywhere else, please contact me immediately via direct message.

 

Reference Material

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Deloitte - Full report
2. Unsplash - Banner Stock Images
3. IBM - Definition of 'AI' 
4. “Risk Management Profile for Artificial Intelligence and Human Rights”
5. Crowdstrike - AI Cyberattacks
6. How Does International Law Protect Human Rights?
7. International covenant on civil and political rights