Centre for Information and Innovation Law (CIIR)15.3.2018
sebastian.felix.schwemer@jur.ku.dk @schwemer

Status quo
AI and lawyers
AI and law / regulation
45 min
Questions

Status
quo

What is artificial intelligence?

[The process] of making a machine behave in ways
that would be called intelligent if a human were so
behaving.
John McCarthy, 1955

Problematic to use human capabilities as benchmark
for AI…

Actuated mechanism programmable in two or
more axes (4.3) with a degree of autonomy (2.2),
moving within its environment, to perform intended
tasks
ISO 8373:2012(en), Robotics and robotic devices

Hollywood og journalister (samt nogle professorer) har
en tendens til at tale meget mere om dette "mystiske"
med 'neurale netværk' og 'kunstig intelligens' og
lignende i stedet for at sige det, som det er: Der er tale
om avancerede algoritmer og statiske
beregningsmetoder.
Stephen Alstrup, Københavns Universitet, Professor at Datalogisk Institut (2017)

Buzzword bingo: Big data, (Applied) Machine
Learning, Deep Learning, Data Science, Neural
Networks, Pattern Recognition, Algorithms…
¯_(ツ)_/¯

1949
Claude Shannon
Minimax
1997
Deep Blue ./.
Gary Kasparov
2011
IBM Watson
Jeapordy
2016
AlphaGo ./.
Lee Sedol
2017
AlphaGo ./.
Ke Jie

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Learning Language Vision Speech

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Medical Finance Logistics Agriculture Transport Retail

Why AI and law now?

Expectations
Peak of inflated expectations
Plateau of productivity
Slope of enlightenment
Trough of disillusionment

A smart contract is a set of promises
Specified in digital form
Including protocols based on which
Contracting parties perform on these promises
Nick Szabo

The term smart contract can be so confusing. Really it
is just a self-executing piece of code on a distributed
ledger.
Primavera de Felippi, National Centre of Scientifc Research, Paris

Increased computing capacity
Cheaper data storage
Accessible technology stack

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AI and law

Regulating
of AI
AI and
regulation

Regulating
AI

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“General Artificial Intelligence”
(Singularity)

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Should we regulate AI?
Can we regulate AI?

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Other implications for society?

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1) Research Goal: The goal of AI research should be to create
not undirected intelligence, but beneficial intelligence.
8) Judicial Transparency: Any involvement by an autonomous
system in judicial decision-making should provide a
satisfactory explanation auditable by a competent human
authority.
11) Human Values: AI systems should be designed and
operated so as to be compatible with ideals of human dignity,
rights, freedoms, and cultural diversity.

1) A robot may not injure a human being or, through inaction,
allow a human being to come to harm;
2) A robot must obey the orders given it by human beings
except where such orders would conflict with the First Law;
3) A robot must protect its own existence as long as such
protection does not conflict with the First or Second Laws
A robot may not harm humanity, or, by inaction, allow humanity
to come to harm
Three Laws of Robotics, Isaac Asimov (1950)

AI and
regulation

Copyright…

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or privacy...

”The data subject should have the right not to be subject to a
decision, which may include a measure, evaluating personal
aspects relating to him or her which is based solely on
automated processing and which produces legal effects
concerning him or her or similarly significantly affects him or
her, such as automatic refusal of an online credit application or
e-recruiting practices without any human intervention.”
GDPR, recital 71, Section 4 Right to object and automated decision making (Art. 22)

And liability...

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creating a specific legal status for robots in the long run, so that
at least the most sophisticated autonomous robots could be
established as having the status of electronic persons
responsible for making good any damage they may cause, and
possibly applying electronic personality to cases where robots
make autonomous decisions or otherwise interact with third
parties independently;
Point 59 lit. f

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AI and
lawyers

1754 f.Kr.
Code of Hammurabi
#LegalTech

People
with a law
degree
People
who code

People
with a law
degree
People
who code

Hypotesis: the ability to analyse
big data will become essential
in the legal profession

Academic research: more
empirical!

Productivity

Of junior lawyer work
will be done by
technology
* 2016 Boston Consulting Group & Bucerius Law School report
30-50%

Less time by use of
existing automation
technology
* 2016 Dana Remus & Frank S. Levy, Can Robots Be Lawyers? Computers, Lawyers, and the Practice of Law
13%

Prediction

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Ecosystems are hyperlocal

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Centre for Information and Innovation Law (CIIR)
sebastian.felix.schwemer@jur.ku.dk
Conclusions
@schwemer

Credits
Creative commons attribution
Hieroglyphic by Luke Anthony Firth (Noun Project)
Chain by ruliani (Noun Project)
Laptop by B. Agustín Amenábar Larraín (Noun Project)
Robot by Maxim Kulikov (Noun Project)
Pawn by Vallone Design (Noun Project)
Stopwatch by Veronika Krpciarova (Noun Project)
Lawyer by Miroslav Kurdov (Noun Project)
Lawyer 2 by Miroslav Kurdov (Noun Project)
Denmark by Chameleon Design (Noun Project)
Bitcoin by Adrien Coquet (Noun Project)
Another game of Go by Chad Miller (Flickr)
Vietnam War 1964 by manhhai (Flickr)