PROTECTING OUR LEGAL RIGHTS

OF COURSE, AS MACHINE LEARNING FINDS ITS WAY INTO THESE VARIOUS fields and daily interactions, there is an overarching concern that goes hand in hand with the ethical considerations—how our use of AI impacts the law.

Kristin Johnson is the Asa Griggs Candler Professor of Law at Emory’s School of Law. She is internationally known for her research focusing on digital assets and AI used in commercial transactions, and she has co-authored a forthcoming book about the ethical implications of machine learning and its place in a just society. “We’re looking at a number of ways that AI is altering how we apply and understand the law,” says Johnson. “It’s having a profound effect on our understanding of our Constitutional rights, competition law, and human rights.”

Johnson points out that, like most other professions and institutions, the justice system is experiencing a direct impact from this technology. This includes things like the use of predictive models to determine bail assessment, potential recidivism, and eligibility for social benefits.

There are also the larger concerns of peoples’ rights when it comes to use of machine learning, particularly in regards to privacy when collecting the data on which these predictive models are trained. “We need to ensure this technology is adopted and applied in a way that is consistent with constitutional norms and protects the values those laws are intended to preserve,” she says.

But whether it’s our rights to protect our personal information or trying to negotiate a plea deal with a robot lawyer, Johnson echoes the concerns of her colleagues at Emory: Don’t forget the importance of the human element in the face of tranformational technological change.

“AI is limited in its ability to provide legal services,” she says, “because there remains a necessity for empathy and understanding that currently only humans bring to the profession.”