Data Con LA 2020 Description In this session, we'll be discussing the legal implications and complications of artificial intelligence, machine learning, and data analytics. Topics covered will include: *Intellectual Property Complications *Treatment of Data and Privacy *Contract Complications *Sources of Liability *Novel Types of Disputes Specifically, as the real-world begins to make greater use of these technologies, what are the ramifications in responsibility, liability, and more that we should be thinking about, both as producers and users of these new technologies. Speaker Morvareed Salehpour, Salehpour Legal Consulting - law firm, Managing Partner

1. AI AND THE LAW
MORVAREED Z. SALEHPOUR, ESQ. - MANAGING PARTNER
WWW.SALEHPOURLAW.COM
EMAIL: MSALEHPOUR@SALEHPOURLAW.COM
LINKEDIN:
HTTPS://WWW.LINKEDIN.COM/IN/MORVAREEDSALEHPOUR/
This presentation is made available by the law firm publisher solely for
educational purposes to give you general information and a general
understanding of the law, not to provide specific legal advice.

2. POSITIVES OF AI
• (1) increased automation of route and simpler tasks as it will create more efficiency
and speed in our transactions;
• (2) replacement of human labor for physically intensive and/or dangerous tasks as it
reduces injuries;
• (3) more precision in medical treatments and procedures which allows for longer and
more healthy lives;
• (4) wide-spread adoption of autonomous vehicles as that will dramatically transform
the transportation industry; and
• (5) the redefining of our own roles in the workplace and society as fourth industrial
revolution technologies become widely adopted and instituted.

3. CHALLENGES WITH AI
• Social and Ethical Considerations
• Economic Impacts
• Intellectual Property
• Privacy
• Liability

4. SOCIAL AND ETHICAL CONSIDERATIONS
• (1) use of facial-recognition software for identification purposes because the
technology as it currently exists has high error rates with respect to identification of
minorities and women;
• (2) implicit biases of AI developers and implicit biases contained in the data used to
train the AI because incorporation of those biases (even unintentional) exacerbates
existing biases such as those relating to race, etc.,
• (3) increased autonomous weapons because it can lead to a worldwide autonomous
weapons race, especially since countries like Russia are seeking to be the leader in
this space;
• (4) increased spreading of misinformation through bots because it leads to social
and political manipulation.

5. ECONOMIC IMPACTS
• Exponential growth of AI in the next few decades — job loss from AI
will significantly outpace jobs created by AI and our governments are
not prepared to deal with that.
• Consider measures that may address issues caused by mass unemployment.
• Perhaps UBI and/or universal healthcare.

6. INTELLECTUAL PROPERTY
• AI platforms or services – traditional intellectual property rights apply and
important for companies in the space to have well-drafted agreements in
place to protect their intellectual property in their transactions.
• New frontier of AI-created inventions:
• AI-generated music
• AI-generated code
• AI used for IP administration
• Complication IP is global, but IP laws are jurisdictional
• AI infringement while operating autonomously

7. PRIVACY
• More and more data is fed into AI platforms/algorithms
• Ownership of data is important.
• EU’s Global Data Protection Regulation (“GDPR”)
• CA’s California Consumer Privacy Act (“CCPA”)
• HITECH and HIPAA – medical information privacy protections

8. PRIVACY
• Decreasing individual privacy
• AI analysis of individual’s online behavior reveals political beliefs, religious affiliation, race, ethnicity, health
conditions, gender and sexual orientation, even if they have never revealed that information.
• Increasing use of IoT (Internet of Things) devices that collect personal data over multiple devices and locations.
• Comprises of Privacy
• Data Exploitation – Many people are unaware of how much data their devices generate, process, or share.
• Identification and Tracking - Identification, tracking and monitoring individuals across multiple multiple devices and
locations means AI can de-anonymize even personal data that has been anonymized.
• Voice and Face Recognition – Circumvention of legal procedure – i.e. find individuals through smart devices or
unlock devices without consent.
• Prediction – Activity Data, location logs, and additional metrics used to reveal emotions and beliefs and then
manipulated.
• Profiling – Unconsented categorizing of individuals with no ability of individuals to challenge outcome – used to limit
access to credit, employment, housing or social services (i.e. China’s social credit system).

9. PRIVACY
• Data is most valuable resource today like oil.
• Continuing monetization by companies.

10. LIABILITY
• Who is responsible for losses/damages caused by AI error?
• Traditionally human operator would be liable, but self-executing machine/code
can’t be liable. Some person or legal entity must be liable, but there is now
ambiguity in line of causation/fault.
• Developer/software provider liability?
• Manufacturer liability?
• Smart device owner liability?

11. LIABILITY
• Multiple considerations in play, including company profit/revenue
considerations and consumer expectations of performance and safety.
• Examples:
• Fines and/or criminalization of controversial content being spread on social media.
• Autonomous vehicle AI-driven decision-making process.
• Individual reliance on algorithm, but the recommendation was wrong.
• Forethought important to address ambiguity

12. AI AND THE LAW
MORVAREED Z. SALEHPOUR, ESQ. - MANAGING PARTNER
WWW.SALEHPOURLAW.COM
EMAIL: MSALEHPOUR@SALEHPOURLAW.COM
LINKEDIN:
HTTPS://WWW.LINKEDIN.COM/IN/MORVAREEDSALEHPOUR/
This presentation is made available by the law firm publisher solely for
educational purposes to give you general information and a general
understanding of the law, not to provide specific legal advice.