Update on AI Legal Challenges

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It’s hard to keep up with all of the legal challenges related to artificial intelligence tools (AI), but here are a couple of noteworthy ones that have surfaced in the past few weeks, in case you haven’t seen them.

Two New York lawyers are facing possible sanctions for using ChatGPT to assist with a brief, which included citing non-existent cases against non-existing airlines. This is a perfect example of how the use of ChatGPT can go wrong and “hallucinate,” and how human interaction and confirmation is critical to its use. Nothing like citing non-existent cases to get a judge really mad.

Another interesting development is that Georgia radio host Mark Walters has filed a defamation suit against OpenAI LLC, the developer of ChatGPT, alleging that a legal summary generated by ChatGPT that connects him to a lawsuit filed in the State of Washington relating to accusations of embezzlement from a gun rights group is false and a hallucination. Walters has stated that he has never been accused of embezzlement and never worked for the gun rights group.

It is being reported that this is “the first defamation suit against the creator of a generative AI tool.”

The legal challenges with AI are vast and varied and we will try to keep our readers informed on the myriad of relevant issues as they arise.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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