The rise of artificial intelligence (AI) has delivered a wide range of fantastic tools. It’s clear the technology is here to stay, and there’s no question that it offers incredible opportunities for change. However, as businesses increasingly integrate AI into their operations, they should be aware of – and actively address – the critical legal and ethical risks that come with it.
From intelligent chatbots to generative video tools and even bot-generated disinformation, the power and potential of AI is already significant. And it’s easy to see how these developments can post some serious legal challenges around AI and law, in areas such as:
You might already be using OpenAI’s ChatGPT in your day-to-day. If you read the terms and conditions, you retain the rights to your ‘input’, and the right, title and interest in the ‘output’ is assigned to you. However, it also states that this output is not necessarily unique among users – and you can’t own an output that another user has generated. Long story short, if you’re generating materials through ChatGPT you intend to copyright, it’s not a straightforward process.
If your business is adopting, or thinking about adopting, AI, these are some key factors to consider to ensure it’s used under law, ethically and fairly.
Addressing these issues proactively can help you build a robust framework for ethical AI use.
Another recommended strategy to mitigate risk and build trust is to create an AI acceptable use policy for AI. This should include:
The Australian government has proposed 10 mandatory guardrails for AI in high-risk settings, which provides useful guidance for businesses and a clear reference point for implementation.
Recently, the Law Society of New South Wales, the Legal Practice Board of Western Australia, and the Victorian Legal Services Board and Commissioner jointly released a Statement on the Use of Artificial Intelligence in Australian Legal Practice that provides guidance for legal professionals looking to leverage AI.
Echoing our above sentiment, it emphasises that the onus is on the individual to uphold ethical standards and obligations – and Australian law practitioners should be mindful that they “cannot safely enter” sensitive information into public AI engines like ChatGPT.
Read our article for more on this new development.
There’s no question that AI can be useful, but it must be used responsibly. Quest Legal can help you develop a strong AI strategy that prioritises ethics and compliance with the law. Whether it’s crafting a customised AI use policy or addressing IP concerns, we’re here to help your business navigate the future of AI and law with confidence.