We are witnessing the rise of artificial intelligence in every aspect of our society and its institutions. A mix of increasing technological capabilities is now coupled with growing recognition that the world needs a set of norms for governing AI. From warfare to welfare, and from the boardroom to the courtroom, intelligent machines make decisions that affect the life, liberty, wellbeing and right to opportunity of human beings. The summit is aimed at identifying frameworks that could support a set of actionable ethical principles, policy frameworks, new codes of conduct, and regulations, to help society benefit from technological advancements, while mitigating their risks.
The conference was hosted by the Center on Civil Justice at NYU School of Law and The Future Society. It took place on Friday, November 30 and Saturday, December 1 at Greenberg Lounge in Vanderbilt Hall, 40 Washington Square South. Our Sponsors are H5 (co-host), Perkins Coie LLP (lead partner), Akin Gump (partner), and Ernst & Young (sponsor).
CLE documents can be found here.
Day 1: Friday, November 30
8:30 – 9:00 Breakfast
9:00 – 9:10 Opening Remarks
9:10 – 10:25 Panel 1
Where are we now? (Overview)
What kinds of AI already exist, and what kinds are in development? What laws, regulations, and self-governance mechanisms (including rules of legal and judicial ethics) regulate AI and its development? What are the key ethical issues involved, both philosophically and professionally? Are our current rules and norms sufficient to ensure AI is used and developed responsibly?
Moderated by Nicolas Economou (Chairman and Chief Executive Officer, H5; Science Law & Society Initiative Chair, The Future Society)
Amanda Levendowski (Clinical Teaching Fellow and Engelberg Center Fellow, NYU School of Law)
Harry Surden (Professor, University of Colorado School of Law)
Lee Tiedrich (Parter, Covington & Burling LLP)
Ben Zevenbergen (Visiting Research Fellow, Center for Information Technology Policy at Princeton University)
10:30 – 11:45 Panel 2
Automation in Daily Life
As headlines draw our attention to some more transformative uses of AI (e.g., self-driving cars), other uses have permeated society with less fanfare, but arguably more pervasive impact (think Alexa and Spotify.) This panel will discuss automation in daily life, its impact on social interactions, perceptions, and privacy. How are our laws, Regulations, and norms ensuring this technology has a positive impact on our lives, while keeping us protected from privacy issues and issues of algorithmic bias?
Moderated by Katherine Strandburg (Professor, NYU School of Law)
Rob Faris (Research Director, Berkman Klein Center on Internet & Society at Harvard University)
Lori Fink (Chief Legal Officer, Xandr at AT&T)
Cathy O'Neil (Author, Weapons of Math Destruction)
Chris Storm (Emerging Technologies Legal Director, Uber)
11:50 – 1:05 Panel 3
Innovation and Governance in Business
How are corporations developing artificial intelligence? What are the best practices and corporate governance methods (including rules of corporate and legal ethics), currently in use, and are they adequate to address the growth of data-driven and automation-driven technology? How are corporations interacting with citizens, lawyers, judges, and policymakers in the AI and legal tech spaces? What rules of legal ethics govern corporate General Counsels in automation-related decisions, and do they need to change?
Moderated by Robert Silvers (Partner, Paul Hastings; Center on Law and Security Senior Fellow, NYU School of Law; former Assistant Secretary for Cyber Policy, United States Department of Homeland Security)
Terrell McSweeny (Partner, Covington & Burling LLP; former Commissioner, United States Federal Trade Commission)
Pedro Pavon (Senior Managing Counsel, Oracle)
Michael Philips (Assistant General Counsel, Microsoft)
Jeff Ward (Director, Duke Center on Law & Technology; Clinical Professor, Duke University School of Law)
1:05 – 2:20 Lunch and Presentations
Aggregate Litigation Data Project: Peter Zimroth (Director, Center on Civil Justice; Monitor, New York Police Department; retired Partner, Arnold & Porter LLP; former Corporation Counsel, City of New York)
Evaluating the National Institute of Standards and Technology Study on the Effectiveness of Legal AI Tools: Nicolas Economou and Julia Brickell (Executive Managing Director & General Counsel, H5)
2:20 – 3:35 Panel 4
An Idea on Trial: The Lessons of State v. Loomis
AI is entering into the courtroom, with serious implications for dispensing justice. Of particular import is the impact on due process, as raised in the recent case State v. Loomis. Loomis challenged the State of Wisconsin's use of proprietary, closed-source risk assessment software in the sentencing memo presented by the prosecution. Loomis was not permitted to view the algorithm or interrogate its developers to learn about its flaws and biases. The state courts affirmed the sentence, and the United States Supreme Court denied review. We will organize a mock civil trial based loosely on the facts of Loomis, highlighting some of the important issues raised. Those in attendance will be the jury.
Judge: Arthur Miller (Professor, NYU)
Plaintiff's Counsel: Mark Lanier (Partner, The Lanier Law Firm)
Defense Counsel: Steve Susman (Partner, Susman Godfrey)
3:40 – 4:55 Panel 5:
The Legal Perspective
How will AI impact the practice of law? From new technologies available to lawyers to new technologies available to clients, AI and automation is changing the day-to-day life of lawyers and the issues they work on. How will the legal community -- often slow to change -- cope with these advances? How will rules of legal ethics cope with these changes, and how can they be changed to make the most out of them?
Moderated by Julia Brickell
John Barkett (Partner, Shook, Hardy & Bacon LLP)
Dean Harvey (Partner, Perkins Coie LLP)
Amy Mushawar (Partner, Davis Wright Tremaine LLP)
Justina Rivera (Associate, Harris Beach PLLC)
4:55 - 5:00 Day 1 Closing Remarks
Day 2: Saturday, December 1
8:30 – 9:00 Breakfast
9:00 – 9:10 Opening Remarks
9:10 – 10:25 Panel 6:
A “New Order” in the Court: AI Meets the Judiciary
Is Loomis the new normal? What new issues will the judiciary face with the rise in automation and legal technology? Are AI and technology enhancing court administration? And how will rules of judicial ethics ensure these changes happen in a way that furthers justice?
Moderated by Geoffrey Miller (Professor, NYU School of Law)
Michael Baylson (United States District Judge, Eastern District of Pennsylvania)
James C. Duff (Director, Administrative Office of the United States Courts)
Katherine Forrest (Partner, Cravath Swaine & Moore LLP; former United States Distrcit Judge, Southern District of New York)
Timothy Lau (Research Associate, Federal Judicial Center)
John McGinnis (Professor, Northwestern School of Law)
10:30 – 11:45 Panel 7
The Role of Government: Laws and Regulations
If AI is reshaping society, what role should policymakers have? Is the potential impact on social justice impacting conversations in the halls of Congress and reverberating in the offices of regulators? Should their actions be proactive or reactive? And is AI poised to change the government itself?
Moderated by David Engstrom (Professor, Stanford Law School)
Eileen M. Lach (Executive Committeemember, IEEE Global Initiative on Ethics of Autonomous and Intelligent Systems; Executive Committeemember, Council on Extended Intelligence; former General Counsel & Chief Compliance Officer, IEEE)
Michael Fitzpatrick (Head of Regulatory Advocacy, General Electric; former Associate Administrator, United States Office of Information and Regulatory Affairs)
Kei Koizumi (Visiting Scholar, American Association for the Advancement of Science; former Assistant Director for Federal Research & Development and former Senior Advisor to the Director for the National Science and Technology Council, White House Office of Science & Technology Policy)
Brittny Saunders (Co-Chair, New York City Automated Decision Systems Task Force; Deputy Commissioner for Strategic Initiatives, New York City Commission on Human Rights)
11:50 – 1:05 Panel 8
Where do we go from here?: a holistic approach
What are the requisite elements of proper governance? What laws, guidelines, and self-regulations (including rules of legal and judicial ethics) need to be developed to define what would be “successful” uses of the technology? This panel will synthesize the thoughts of previous panels and look towards future projects to help encourage the ethical development, governance, and deployment of AI.
Moderated by Arthur Miller
Julia Brickell
Nicolas Economou
David Engstrom
Geoffrey Miller
1:10-1:30 Keynote
Keynote Address by Brittny Saunders
1:35 – 1:45 Day 2 Closing Remarks