Artificial Intelligence and the Courts: Artificial Intelligence Trustworthiness, and Litigation
Cynthia H. Cwik, Paul Grimm, Maura R. Grossman, Toby Walsh · 2022
Although few court decisions have squarely addressed the admissibility of artificial intelligence (AI) evidence in proceedings governed by the Federal Rules of Evidence, or their state-law equivalents, this paper focuses on key considerations for the use of AI evidence in court cases.The paper defines the concept of "trustworthiness" as being the sum total of a number of interrelated requirements found within the rules of evidence that govern court cases.This section also includes: Annex A: "Practice Pointers for Lawyers and Judges," given the complexities and rapid evolution of AI, this Annex offers a handy set of practical questions courts might employ, the better to assess the validity, reliability and/or admissibility of proffered AI-related evidence. Annex B: "Hypothetical on the Admissibility of Facial Recognition Testimony in a Criminal Matter," provides a fact-pattern and legal framework for analyzing a scenario of the sort that a court might plausibly encounter. Annex C: "Hypothetical on Measuring a Machine Learning (ML) System's Accuracy andReliability-Problem Gambling," provides a fact-pattern an Australian court has encountered, as well as sample questions for any court needing to assess ML-related issues.