The Law–Machine Interface and the Changing Interplay Between Artificial Intelligence and the Law

Abstract

Since the early 1970s, and especially in the last decade, commentators have widely explored the impact of artificial intelligence (AI) on the legal system. Will intelligent machines replace—or at least displace—judges, lawyers, prosecutors and law enforcement personnel? Will computers powered by ever-improving AI technology pass bar exams? Will lawyers use this new technology in daily practice to save time and money even when AI systems may "hallucinate"—or, in lay person's language, cite to wrong cases or make up non-existent ones? Will greater AI deployment drastically reduce legal costs and thereby improve access to justice? Or will such deployment instead undermine democratic governance and the rule of law? Finally, are we heading towards what one commentator has coined "legal singularity"—or, worse, what another has referred to as the "end of law"?

A few years ago, I wrote two law review articles discussing whether we can effectively deploy automated systems to determine whether the unauthorized use of a copyrighted work would constitute fair use under U.S. copyright law. Based on this discussion, I further explored whether we could draw some useful insights into the law–machine interface and the changing interplay between AI and the law. A focus on this interface is important because we are now increasingly operating in a hybrid world in which humans and machines work alongside each other.

Commissioned for the Research Handbook on the Law of Artificial Intelligence, this chapter underscores the importance of developing a deeper understanding of the law–machine interface. It begins by providing illustrations from the field of copyright law. The chapter then discusses the ramifications of the changing interplay between AI and the law for the legal system, the legislature, the bench, the bar and academe. This chapter also offers preliminary suggestions on how to better prepare for the many challenges and opportunities that AI has brought to the law and its institutions.