LLRX August 2023 Issue

Articles and Columns for August 2023

  • The Case For Large Language Model Optimism in Legal Research From A Law & Technology Librarian – The emergence of Large Language Models (LLMs) in legal research signifies a transformative shift. This article by Sean Harrington critically evaluates the advent and fine-tuning of Law-Specific LLMs, such as those offered by Casetext, Westlaw, and Lexis. Unlike generalized models, these specialized LLMs draw from databases enriched with authoritative legal resources, ensuring accuracy and relevance. Harrington highlights the importance of advanced prompting techniques and the innovative utilization of embeddings and vector databases, which enable semantic searching, a critical aspect in retrieving nuanced legal information. Furthermore, the article addresses the ‘Black Box Problem’ and explores remedies for transparency. It also discusses the potential of crowdsourcing secondary materials as a means to democratize legal knowledge. In conclusion, this article emphasizes that Law-Specific LLMs, with proper development and ethical considerations, can revolutionize legal research and practice, while calling for active engagement from the legal community in shaping this emerging technology.
  • Unforgotten on the Day of the Disappeared: Missing human rights advocates – On August 30th each year the world is reminded that hundreds of thousands of people in at least 85 countries don’t know where their loved ones are, or even whether they are alive or dead. For the victims of enforced disappearance and their families, every day is the Day of the Disappeared. The unrelenting uncertainty and anguish of not knowing the truth of what has happened to their family member is a recognized form of torture for both the disappeared and their families. The crime of enforced disappearance cuts off the disappeared from any access to legal representation or judicial remedies – they are placed “outside all protection of the law.” “Rampant” global impunity for enforced disappearance has led the United Nations (UN) Secretary-General, António Guterres, and UN bodies to call on all countries to ratify or accede to the Convention for the Protection of all Persons against Enforced Disappearances (Convention or ICPPED). Catherine Morris brings much needed attention to the fact that of the UN’s 193 countries, only 72 have ratified or acceded to the Convention. Canada and the United States (US) are not yet among them. The unrelenting uncertainty and anguish of not knowing the truth of what has happened to their family member is a recognized form of torture for both the disappeared and their families. The crime of enforced disappearance cuts off the disappeared from any access to legal representation or judicial remedies – they are placed “outside all protection of the law.”
  • AI in Banking and Finance – August 30, 2023 – This semi-monthly column by Sabrina I. Pacifici highlights news, government reports, industry white papers and academic papers on the subject of AI’s fast paced impact on the banking and finance sectors. Four highlights from this week: Are Large Language Models Finance’s Second Shot At AI?; Convergence of AI and blockchain: Unlocking new possibilities; Generative AI in Operational Risk Management: and Generative AI in Operational Risk Management: Harnessing the Future of Finance.
  • The Case for AI Guardrails – Kevin Novak sets the table with his opening statement: Whatever you think about the U.S. government or our elected officials, it does have guardrails in place to protect its citizens. For pharma and food products, it’s the FDA. For workplace safety there’s OSHA. For mobility safety, it’s the Department of Transportation. For safe investments, there’s the SEC. For consumer protection, there’s the Federal Trade Commission. For AI and emerging tech, there’s nothing.
  • Design Your Law Practice – Jerry Lawson recommends the new book, Design Your Law Practice: Using Design Thinking To Get Next Level Results, to any law firm or lawyer interested in innovation that will make their practice more profitable and attract more clients.
  • How to Quickly Get to the Important Truth Inside Any Privacy PolicyInvestigative data journalist Jon Keegan and former tech lawyer Linda Woods Hyman teach you how to spot tricks and hidden disclosures within these interminable documents—and even how to claw back some privacy.
  • We Found 650,000 Ways Advertisers Label You – If you spend any time online, you probably have some idea that the digital ad industry is constantly collecting data about you, including a lot of personal information, and sorting you into specialized categories so you’re more likely to buy the things they advertise to you. But in a rare look at just how deep—and weird—the rabbit hole of targeted advertising gets, Investigative Data Journalist Jon Keegan and Visualizations Engineer Joel Eastwood of the The Markup analyzed a database of 650,000 of these audience segments, newly unearthed on the website of Microsoft’s ad platform Xandr. The trove of data indicates that advertisers could also target people based on sensitive information like being “heavy purchasers” of pregnancy test kits, having an interest in brain tumors, being prone to depression, visiting places of worship, or feeling “easily deflated” or that they “get a raw deal out of life.”
  • Georgia’s indictment of Trump is a confirmation of states’ rights, a favorite cause of Republicans since Reagan – Prof. Stefanie Lindquist elucidates a critical fact respective to the Trump indictment. All U.S. citizens are actually citizens of two separate governments: They are citizens of the United States as well as citizens of the state in which they live. And they are subject to two systems of law as a result.
  • Can you trust AI? Here’s why you shouldn’t – Security expert Bruce Schneier and data scientist Nathan Sanders believe that people who come to rely on AIs will have to trust them implicitly to navigate daily life. That means they will need to be sure the AIs aren’t secretly working for someone else. Across the internet, devices and services that seem to work for you already secretly work against you. Smart TVs spy on you. Phone apps collect and sell your data. Many apps and websites manipulate you through dark patterns, design elements that deliberately mislead, coerce or deceive website visitors. This is surveillance capitalism, and AI is shaping up to be part of it.
  • AI in Banking and Finance – August 15, 2023 – This semi-monthly column by Sabrina I. Pacifici highlights news, government reports, industry white papers and academic papers on the subject of AI’s fast paced impact on the banking and finance sectors. Five highlights from this week: AI in the financial industry: Machine learning in banking; Machine Learning Boosts Profits – Banking Giant’s Deep Dive; Banks embracing the AI future need to pay attention to its risks; and the S.E.C.’s Chief Is Worried About A.I.
  • Pete Recommends – Weekly highlights on cyber security issues, August 26, 2023Four highlights from this week: Four highlights from this week: Potential New York Times lawsuit could force OpenAI to wipe ChatGPT and start over; Health Data Breach Lawsuits Surge as Cyberattacks Keep Climbing; Biden administration unveils new crypto tax reporting rules; and Imposter scams are the top U.S. fraud.
  • Pete Recommends – Weekly highlights on cyber security issues, August 19, 2023Four highlights from this week: National Archives will make its AI use case inventory public; Data Breaches and Lawyers: Highlights from IBM’s 2023 Report; Microsoft limits use of AI Services in upcoming Services Agreement update; and Two Women Accuse Tile of Marketing Its Devices as Stalking Aids.
  • Pete Recommends – Weekly highlights on cyber security issues, August 12 , 2023Four highlights from this week: Zoom Contradicts Its Own Policy About Training AI On Your Data; ‘Hypnotized’ ChatGPT, Bard Generate Malicious Code, Bad Advice; SEC charges big banks with doing business through messaging apps without keeping records; and White House announces cybersecurity plan to protect nation’s public schools.
  • Pete Recommends – Weekly highlights on cyber security issues, August 6, 2023Four highlights from this week: Canon warns of Wi-Fi security risks when discarding inkjet printers; New Attack Impacts Major AI Chatbots; U.S. Hunts Chinese Malware That Could Disrupt American Military Operations; and New Attack Impacts Major AI Chatbots.

LLRX.com® – the free web journal on law, technology, knowledge discovery and research for Librarians, Lawyers, Researchers, Academics, and Journalists. Founded in 1996.

Subjects: KM

Taylor Swift and the end of the Hollywood writers strike – a tale of two media narratives

Professor Aarushi Bhandari was taken aback when she learned that not a single student had heard that the Writers Guild of America had reached a deal with the Alliance of Motion Picture and Television Producers, or AMPTP, after a nearly 150-day strike. This historic deal includes significant raises, improvements in health care and pension support, and – unique to our times – protections against the use of artificial intelligence to write screenplays. Across online media platforms, the WGA announcement on Sept. 24, 2023, ended up buried under headlines and posts about the celebrity duo of Taylor Swift and Chiefs tight end Travis Kelce. To Bhandari, this disconnect felt like a microcosm of the entire online media ecosystem.

Subjects: Communications, Internet Trends, KM, News Resources, Social Media

The Truth About Hallucinations in Legal Research AI: How to Avoid Them and Trust Your Sources

Hallucinations in generative AI are not a new topic. If you watch the news at all (or read the front page of the New York Times), you’ve heard of the two New York attorneys who used ChatGPT to create fake cases entire cases and then submitted them to the court. After that case, which resulted in a media frenzy and (somewhat mild) court sanctions, many attorneys are wary of using generative AI for legal research. But vendors are working to limit hallucinations and increase trust. And some legal tasks are less affected by hallucinations. Law Librarian and attorney Rebecca Fordon guides us to an understanding of how and why hallucinations occur and how we can effectively evaluate new products and identify lower-risk uses.

Subjects: AI, Education, KM, Legal Education, Legal Research, Legal Research Training, Search Engines, Technology Trends

The Generations War comes to the law firm

The Greek philosopher Heraclitus taught “Change is the only constant in Life.” It is not rhetorical to state that we are living in a time of seismic change. Jordan Furlong frames the challenges and opportunities as It’s not about who’s right, Boomers or Millennials. It’s about the most profound change to the fabric of the legal profession in 40 years, and how we’re going to get through it.

Subjects: Uncategorized

Gliding, not searching: Here’s how to reset your view of ChatGPT to steer it to better results

Human factors engineer James Intriligator makes a clear and important distinction for researchers: that unlike a search engine, with static and stored results, ChatGPT never copies, retrieves or looks up information from anywhere. Rather, it generates every word anew. You send it a prompt, and based on its machine-learning training on massive amounts of text, it creates an original answer. Most importantly, each chat retains context during a conversation, meaning that questions asked and answers provided earlier in the conversation will inform responses it generates later. The answers, therefore, are malleable, and the user needs to participate in an iterative process to shape them into something useful.

Subjects: AI, KM, Search Engines, Search Strategies

Pete Recommends – Weekly highlights on cyber security issues, September 23, 2023

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, finance, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: New Privacy Badger Prevents Google From Mangling More of Your Links and Invading Your Privacy; Microsoft AI team accidentally leaks 38TB of private company data; California legislature passes ‘Delete Act’ to protect consumer data; and Starlink lost over 200 satellites in two months.

Subjects: AI, Cryptocurrency, Cybercrime, Cyberlaw Legislation, Cybersecurity, Government Resources, Legal Research, Privacy, Public Records, Search Engines, Social Media

Artificial Intelligence Tools and Tips

Jim Calloway, Director of the Oklahoma Bar Association’s Management Assistance Program and Julie Bays, OBA Practice Management Advisor, aiding attorneys in using technology and other tools to efficiently manage their offices, recommend that now is a good time to experiment with specific AI-powered tools and suggest the best techniques for using them.

Subjects: AI, Communications, Continuing Legal Education, KM, Legal Profession, Legal Research, Legal Technology, Technology Trends

LLMs Do Not Obviate the Need for UX

Legaltech Hub’s Nicola Shaver discusses why it is time to level-set about advanced AI: it can’t do everything. Or perhaps more practically, a large language model can’t replace all of the other technology you already have. One of the main reasons for this is the importance of an interface and a built-out user experience (UX) that offers a journey through the system that is aligned with the way users actually work. There are other reasons a large language model (LLM) won’t replace all of your technology (one of which being advanced AI is simply unnecessary to do all things), but this article will focus on UX.

Subjects: AI, Case Management, KM, Law Firm Marketing, Legal Technology, Search Engines

Google Chrome just rolled out a new way to track you and serve ads. Here’s what you need to know

Late last week, Google announced something called the Privacy Sandbox has been rolled out to a “majority” of Chrome users, and will reach 100% of users in the coming months. But what is it, exactly? The new suite of features represents a fundamental shift in how Chrome will track user data for the benefit of advertisers. Erica Mealy explains that Instead of third-party cookies, Chrome can now tap directly into your browsing history to gather information on advertising “topics.” Understanding how it works – and whether you want to opt in or out – is important, since Chrome remains the most widely used browser in the world, with a 63% market share as of May 2023.

Subjects: Privacy, Search Engines

Pete Recommends – Weekly highlights on cyber security issues, September 16, 2023

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, finance, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: Appeals Court Upholds Public.Resource.Org’s Right to Post Public Laws and Regulations Online; Hackers Are Salivating Over Electric Cars; and How Google Assistant and Amazon Alexa Target You With Ads.

Subjects: AI, Civil Liberties, Communications, Comparative/Foreign Law, Cybercrime, Cyberlaw, Cybersecurity, Human Rights, Legal Research, Privacy

AI in Banking and Finance, September 15, 2023

This semi-monthly column by Sabrina I. Pacifici highlights news, government reports and industry white papers as well as academic papers on the subject of AI’s fast paced impact on the banking and finance sectors. The chronological links provided are to the primary sources, and as available, indicate links to alternate free versions. Each entry includes the publication name, date published, article title and abstract. Four highlights from this week: Generative Artificial Intelligence in Finance: Risk Considerations; Banks hear the eerie echoes of AI-generated voices; I.R.S. Deploys Artificial Intelligence to Catch Tax Evasion; and Blockchain, AI Set to Transform Financial Markets: Moody’s.

Subjects: AI in Banking and Finance, Blockchain, Congress, Economy, Financial System, Legal Research