My Two Cents/BOLO: Privacy Alert for Legal Pros: Navigating Discord's Data Vulnerabilities and Maintaining Client Confidentiality on the Internet

Lawyers can learn a valuable lesson from a recent privacy breach alert for Discord users. Discord, originally designed for gamers to communicate while gaming, is a versatile chat app like Slack or Skype, offering real-time messaging, voice, and video to its over 100 million users. Discord users faced a privacy issue where their data on public servers has been scraped and sold. An online service named Spy Pet has been collecting data from thousands of Discord servers and selling it cheaply for various purposes, including to law enforcement and AI companies. This has raised concerns because the data includes user activities and messages, even though private direct messages remain secure.

Lawyers need to be careful about what services they use when communicating client information on the internet.

Here are some General Tips for Lawyers on Protecting Privacy when using Discord and Similar Platforms:

Be cautious about what you share on public servers since anything posted can potentially be scraped.

Monitor and manage server bots carefully to avoid unwanted data scraping. Remove or ban suspicious accounts.

Adjust server privacy settings to restrict who can join and view content.

Lawyers should be especially cautious when using platforms like Discord for any sensitive communications. Given the lack of end-to-end encryption for public server messages and the potential for data scraping:

Lawyers are a guardian of their client’s information when using it online!

• Avoid sharing any confidential information that could compromise client privacy.

• Utilize platforms that are specifically designed for secure, encrypted communications to ensure confidentiality and compliance with legal standards.

Always assume that any data shared on non-encrypted platforms could be accessed by unintended parties. Most of the popular Law Practice Management Programs and paid communication platforms should be secure. But it's always best to check a company's Terms of Service and online reputation before entering client confidential or private information.

MTC

Happy Lawyering!

My Two Cents: How President Biden’s Executive Order on AI Impacts the Practice of Law - it does and doesn't.

President Biden's recent Executive Order (Order) on Safe, Secure, and Trustworthy Artificial Intelligence marks a significant milestone in the governance of AI technologies. This comprehensive directive aims to establish robust standards for AI safety and security. Its goals include protecting privacy and civil rights while promoting innovation and protecting intellectual property rights. For attorneys, this announcement is of paramount importance as it directly impacts the practice of law, introducing new dimensions to legal compliance, ethical considerations, and the overall legal landscape. Legal innovators and industrialists like Jack Newton, CEO of CLIO, see this Order as an important step taken by the government: I am hopeful that the newly introduced AI legislation will not only uphold the highest standards of security and privacy but also ensure equitable access and unbiased application within legal frameworks.

Here is a summary of the impact it will have on lawyers:

AI Safety and Security:

The Order mandates developers of powerful AI systems to share safety test results and critical information with the U.S. government. For attorneys, this introduces a new layer of compliance and due diligence. Legal professionals will need to guide their clients through these requirements, ensuring that AI systems adhere to the mandated safety and security standards. This is particularly crucial for companies dealing with AI technologies that pose serious risks to national security or public health. Likewise, lawyers representing parties who have been harmed by a company's use of AI will need to know the latest in AI technology in order to advocate the best strategy for their clients.

Privacy and Data Protection:

With AI’s capability to extract and exploit personal data, the Order calls for heightened privacy protections. The directive’s emphasis on privacy-preserving techniques and evaluation of data collection practices necessitates an attorney’s thorough understanding of AI technologies and their implications on privacy. Attorneys will play a crucial role in advising clients on data protection strategies, ensuring compliance with privacy laws, and navigating the legal complexities of AI-driven data processing. Attorneys must also ensure their use of AI in their practice protects their client’s Personal Identifiable Information (PII).

Equity and Civil Rights:

The Order addresses the potential of AI to perpetuate discrimination and bias, particularly in sectors like housing, healthcare, and criminal justice. Legal professionals will need to stay vigilant, ensuring that AI systems employed by their clients do not result in discriminatory outcomes or violate civil rights. Likewise, Attorneys who are prosecuting parties using AI to discriminate against members of the public will need to have a solid understanding of how AI works in these matters.

Consumer Protection:

the president’s order will likley set forth new regulations and policies that will affect most practicing lawyers.

AI technologies can potentially transform consumer experiences but also raise concerns about potential harms and deceptive practices. The Executive Order calls for standards and best practices to detect AI-generated content and authenticate official communications. Attorneys working in consumer protection will need to familiarize themselves with these standards, advising clients on compliance, advising clients who are victims, and addressing potential legal challenges arising from AI-driven consumer interactions.

Immigration Law

Although the Order is not directly focused on immigration law, it could indirectly affect the field. One specific aspect of the Order calls for using existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas, including AI, to study, stay, and work in the United States. This could lead to changes in visa criteria and processes, potentially affecting how immigration attorneys advise clients in the tech sector. The emphasis on AI could lead to a higher demand for skilled workers in this field, possibly influencing the landscape of employment-based immigration. Immigration lawyers may need to stay updated on any new policies or procedural changes resulting from this Order to guide their clients through the visa application process.

Supporting Workers:

The impact of AI on the workforce is a critical aspect of the Order. Attorneys specializing in labor law will find this directive particularly pertinent, as it addresses issues related to job displacement, workplace equity, and labor standards. Legal professionals will play a vital role in navigating the legal complexities of AI in the workplace, ensuring that workers’ rights are protected, and advising employer-clients on best practices to mitigate potential harms.

Promoting Innovation and Competition and Protecting Intellectual Property:

The Order emphasizes the need to maintain America’s leadership in AI innovation and competition. For attorneys working in intellectual property, technology, and antitrust law, this directive underscores the importance of fostering a competitive AI ecosystem while protecting intellectual property rights. Legal professionals will need to stay abreast of developments in AI technologies, advising clients on innovation strategies, and ensuring compliance with copyright, intellectual property, and antitrust laws.

Attorneys Working for the Government:

The Order will affect government attorneys twofold -

First, government attorneys must be abreast of the same issues discussed in this post, like any private attorney. Government attorneys basically have the same legal and ethical duties as private attorneys. They, too, have the same security, bias, privacy, civil rights, and intellectual property concerns private practitioners have with this Order.

Second, government attorneys will be tasked with ensuring that government agencies comply with enhanced AI safety and security protocols, protect privacy, advance equity, defend civil rights, and promote innovation while protecting intellectual property rights. They will also play a critical role in developing and enforcing guidelines for the ethical use of AI within federal operations, potentially influencing procurement processes and the deployment of AI in public services. Moreover, as the government seeks to lead by example in the responsible use of AI, these attorneys will be instrumental in setting precedents that could shape future AI governance across all sectors.

Conclusion:

Lawyers already have an ethical duty to stay abreast of technology advancements including ai.

It is not surprising that as AI continues to evolve, legal professionals will play a crucial role in guiding their clients through this complex terrain. But, the Order does not bring anything new to an attorney’s quiver of responsibilities. With or without the Order, attorneys already have the Model Rules of Professional Conduct to guide them on their duties around technology (including AI). The Rules require us to stay current on AI, its constant changes, and how it may impact their clients—whether attorneys are using AI to assist their clients or if their clients or those whom attorneys are advocating against are using AI in their business.  Reference Model Rules 1.1, 1.1[8], 1.3, 1.4 & 1.6.  So, don't let the Order serve as a starting point.  Let it serve as a reminder that we must stay competent in our use and understanding of technology as it applies to our work in the legal arena.

My Two Cents: The Intersection of AI and eDiscovery: Embracing Technology without Overriding Human Judgment

To what extent can artificial intelligence truly assist attorneys in the realm of e-discovery? 🧐

In the realm of eDiscovery, the integration of artificial intelligence (AI) has revolutionized the way legal professionals handle vast amounts of data. The benefits of AI in enhancing efficiency and accuracy are undeniable, but it is essential to strike a balance between leveraging technology and the invaluable human judgment required for the final result. In a recent Shout Out! featuring previous podcast guest and past guest host Brett Burney, his discussion shed light on the symbiotic relationship between AI and human expertise in eDiscovery.

The Power of AI in eDiscovery:

AI has emerged as a powerful tool in eDiscovery, allowing legal professionals to tackle complex tasks more efficiently and effectively. With the capability to process and analyze massive volumes of data, AI algorithms can identify patterns, extract relevant information, and predict case outcomes with remarkable speed and accuracy. This technology enables legal teams to save time, reduce costs, and gain valuable insights that would be otherwise challenging to uncover manually.

The Role of Human Judgment:

While AI provides indispensable assistance, it is important to recognize that it is not a substitute for human judgment in the final analysis. Brett emphasizes that its human judgment that should be the final editors.  Human expertise and insight remain irreplaceable when it comes to interpreting the context, understanding nuances, and making critical decisions. Legal professionals possess a unique ability to consider multiple perspectives, exercise discretion, and apply legal reasoning based on their experience and understanding of the case at hand.

The Synergy of AI and Human Expertise:

Artificial intelligence does not replace human judgment when lawyers conduct ediscovery.

By embracing the synergy between AI and human judgment, eDiscovery practitioners can harness the full potential of technology while ensuring a comprehensive and well-rounded approach to legal matters. AI algorithms can help legal teams streamline the initial stages of data processing, categorization, and information retrieval, empowering them to focus their attention on the strategic aspects of case analysis. This collaboration enhances the efficiency of legal workflows and augments the ability of legal professionals to uncover crucial insights buried within extensive data sets.

The Ethical Considerations:

While AI is a powerful ally in eDiscovery, ethical considerations must be at the forefront of its implementation. Transparency and accountability are paramount to ensure fairness, as biases embedded within AI algorithms can potentially impact the results. Legal professionals must exercise caution when relying on AI predictions and should employ critical thinking to validate and interpret AI-generated outputs. Human oversight becomes crucial to identifying and mitigating any biases or errors that may arise during the AI-assisted eDiscovery process.

The Professional Ethical Considerations:

The lawyer responsible for the final discovery deliverable to the opposition will be held legally, e.g., malpractice, and professionally, i.e., responsible to their bar association, accountable.  If you are going to rely on AI for your “eDiscovery” then you need to know its limitations.  MR 1.1[8] Further, you need to somehow address its shortcomings before you hand over your discovery production. Regardless, check your work!

The Future of AI in eDiscovery:

AI and Lawyers can work together to better an ediscovery response!

As technology continues to evolve, the future of AI in eDiscovery holds immense potential. Advancements in machine learning and natural language processing will further refine AI algorithms, enabling even more precise analysis and prediction capabilities. However, the significance of human judgment will persist, as the complex nature of legal cases necessitates the application of legal principles, strategic thinking, and ethical considerations that only humans can provide.

Conclusion:

The integration of AI in eDiscovery has transformed the legal landscape, empowering professionals to navigate through vast amounts of data efficiently and uncover crucial insights. However, it is essential to acknowledge that AI is a powerful tool that complements rather than replaces human judgment. By embracing the synergy between AI and human expertise, legal professionals can capitalize on the advantages of technology while ensuring a comprehensive and nuanced approach to eDiscovery. As the field continues to evolve, the harmonious collaboration between AI and human judgment will shape the future of eDiscovery, delivering improved outcomes and justice in the digital age.     

MTC.

Happy Lawyering!!!

My Two Cents: If you are going to use ChatGTP and its cousins to write a brief, Shepardize!!!

AI does not replaced doing your homework! Shepardize!!!

An attorney in New York learned the hard way that ChatGPT is not a reliable source.  A lawyer representing a man in a lawsuit against an airline used an artificial intelligence (AI) program, ChatGPT, to assist in preparing a court filing. However, the AI-generated content turned out to be entirely fabricated. The lawyer cited nonexistent court decisions and quotations in his brief, which were not found by either the airline's lawyers or the judge. The lawyer admitted to using ChatGPT for legal research and claimed he was unaware of the program's potential for providing false information. The judge ordered a hearing to discuss potential sanctions. The incident highlights the debate among lawyers regarding the use of AI software and the need to verify information provided by such programs.

Chatgpt has been known to not only be wrong at times but also make up stuff!

I look at it this way: If your new clerk handed you their first draft, you would double-check the work and likely Shepardize the citations; I don’t think I have to preach that Shepardizing cases before filing a brief is usually the rule of thumb. Rule 1.1[8] requires attorneys to keep a reasonable understanding of the technology we use and how to use it. This inherently includes knowing technology's limitations and flaws. Something the NY attorney conceded he did not do with his use of ChatGTP.

Know the aba model rules and your state bar rules of ethics!

Rule 1.1 [1, 4 & 5] requires an attorney to act with competence. In this case, I have a feeling Mr. Schwartz did not follow this rule - he did not check his case law. I have some empathy for Mr. Schwartz.  But I also have a feeling the bar will not feel the same way.       

Happy Lawyering!!!

MTC.