Disclaimer: This is a machine generated PDF of selected content from our products.

This functionality is provided solely for your

convenience and is in no way intended to replace original scanned PDF. Neither Cengage Learning nor its licensors make any
representations or warranties with respect to the machine generated PDF. The PDF is automatically generated "AS IS" and "AS
AVAILABLE" and are not retained in our systems. CENGAGE LEARNING AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY
AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES FOR AVAILABILITY,
ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Your use of the machine generated PDF is subject to all use restrictions contained in The Cengage Learning
Subscription and License Agreement and/or the Gale Academic OneFile Terms and Conditions and by using the machine
generated PDF functionality you agree to forgo any and all claims against Cengage Learning or its licensors for your use of the
machine generated PDF functionality and any output derived therefrom.

Artificial Intelligence - "What Hath God Wrought".

Author: Judge Herbert B. Dixon
Date: Summer 2023
From: Judges Journal(Vol. 62, Issue 3)
Publisher: American Bar Association
Document Type: Article
Length: 1,830 words

Full Text:
Although the above description captures what some would describe as the impact of artificial intelligence on society, the words are by
Charles Francis Adams in 1868, making predictions about the first transcontinental railroad. Adams, the son of John Quincy Adams
(the sixth president of the United States), later became president of the Union Pacific Railroad. I am using the title of this column
(Artificial Intelligence--"What Hath God Wrought") and the railroad musing by Adams to remind readers that we have been here
before--society's familiar history of responding with trepidation to transformative inventions.

Two decades before the transcontinental railroad musings by Charles Adams, on May 24, 1844, a similar sentiment was espoused by
Samuel Morse when he used Morse code to send an inaugural message from the U.S. Capitol to Alfred Vail at a railroad station in
Baltimore, Maryland. The message? "What hath God wrought." Have I made my point? Every transformative invention is
accompanied by perceived ills, challenges, and harm to society... but I digress.

My previous technology article, My "Hallucinating" Experience with ChatGPT, caused some readers to think that I might not be a fan
of artificial intelligence (AI). Indeed, AI-powered chatbot (Microsoft's Bing, Google's Bard, and OpenAI's Chat-GPT) responses that
occasionally provide factually incorrect and fabricated responses can easily cause one to pause before using that technology. Also,
the fact that chatbots produce their responses with such ease and apparent authenticity causes suspicion about whether students
submitting essays, lawyers filing briefs, consultants delivering reports, and judges issuing orders used AI chatbots to do their work.
Let me say unequivocally that I am a fan of AI and excited about its capabilities. However, we must be aware of every AI product's
limitations and frailties.

The advances in AI technology during our lifetimes have been incredible. The recent past, however, is instructive. Some AI
capabilities have become so much a part of our lives that significant swaths of society would loudly protest if those capabilities were
taken away. In the category of everyday technology, consider giving up your word-processing programs that predict the next word or
phrase you should type and the software applications that suggest revisions to your written work to achieve clarity, avoid redundancy,
and correct typographical errors and syntax. Would the legal profession give up legal research platforms (e.g., LexisNexis, West-Law,
and Fastcase) or software applications that search for relevant documents stored in a database of electronically stored materials at
an astronomically faster rate and much lower cost than human review? Would the medical profession and hospitals resist giving up
the use of AI tools that assist with the diagnosis of uncommon diseases and other medical issues? Would the general public give up
Bing, Yahoo, Google, and other internet search engines they use daily to find valuable information on the World Wide Web? Most
likely, no!

Concerns of Prominent AI Developers

Prominent AI developers have voiced concerns about the perceived dangers of AI. Early in 2023, Geoffrey Hinton, a recipient of the
Turing Award from the Association for Computing Machinery, resigned from his position as vice president and engineering fellow at
Google. Hinton is often labeled one of the founding fathers of modern AI. Hinton was very complimentary of Google's work but highly
critical of further AI development, saying he regretted his involvement with the development of that technology. His concerns include
the possibility that AI chatbots could become more intelligent than humans and be exploited by bad actors. Hinton is also concerned
about the potential for AI tools to spread misinformation. Other experts have called for a pause in developing AI chatbots until robust
safety measures and regulations can be implemented. Some experts say that Hinton's concerns are hypothetical. Of note, the CEO
of Google described the rapid development of their chatbot, Bard, through the analogy of a speeding train that one day might start
building its own tracks. (1)

Shortly after Hinton's letter, the president, president-elect, and 17 former presidents of the Association for the Advancement of
Artificial Intelligence (AAAI) issued a warning letter about the risks of AI. They expressed their belief that AI will be increasingly game-
changing in health care, climate, education, engineering, and many other fields. They noted the significance of AI powering
navigation systems, its use in thousands of daily cancer screenings, its use in sorting billions of letters in the postal system, its
revelation of the structure of thousands of proteins, its use in performing weather predictions, and its use developing new materials
and providing engineers with creativity-boosting ideas. One of the signers of this letter was the chief scientific officer at Microsoft,
which uses OpenAI's ChatGPT technology in its Bing search engine. (2)

AI Privacy Concerns

Another concern regarding the use of AI chatbots is privacy. ChatGPT, Bing, Bard, and other major chatbots all have policies to
protect against the improper use of personal information. So, what can go wrong? Plenty! I'll start the list with the possibility of rogue
employees, cyberhackers, and unexpected technology glitches--where something that was not supposed to happen fortuitously
happens, and the AI developer now promises to fix that problem so that it will never occur again. The privacy concern is that
individuals using the enhanced chatbots are submitting medical inquiries, financial strategies, and other information they do not
intend for public consumption. Regardless of whether the chatbot's response is accurate, the mere possibility that you make an
inquiry about a mental health issue, medicine for a sensitive medical condition, or your ownership of certain assets or planned
investment has potentially revealed personal information that you did not intend to put in the public domain.

Privacy concerns are not limited to individuals. Apple, JP Morgan, Walmart, Verizon, and other major businesses have severely
limited employee use of external AI tools over concerns about the release of confidential data. (3) Most companies expressing this
concern have their own special AI tools and are developing or acquiring more. The bottom line is that individuals and businesses
should be very careful about inputting personal or confidential information to an external entity's AI tools.

The Applications of AI Are Vast

In addition to the AI applications noted earlier in this article, AI is now creating music that sounds like your favorite artist singing the
songs of another artist, performing music written by AI, writing poems and academic papers, creating artwork on demand, altering
photos of known persons doing things with people and things that never occurred, and creating realistic videos with audio showing
people doing and saying things that never happened. Early versions of manipulated photographs and motion pictures were called
"trick photography." The more recent term "deep fakes" refers to both Al-powered audio and video manipulation. In addition,
consultants are using AI to write reports, doctors and hospitals are using AI to provide preliminary medical diagnoses, and lawyers
are using AI to draft contracts and prepare the first draft of legal memoranda. Often, the customer service representative you chat or
speak with is an Al-powered chatbot writing responses or orally responding to your inquiry. The possibilities are limitless.

Final Thoughts

One of the best examples I can give for a general understanding of the potential power of AI is what happened during the short
history of AI being utilized to play the game of chess. (5)

In 1950, Claude Shannon, an American electrical engineer, mathematician, and researcher from MIT, wrote a paper proposing the
idea of training a computer to play chess.

In 1953, Alan Turing, who is considered a founding father of artificial intelligence (a term that was coined after Turing's death), wrote
a program for playing chess.

In 1988, IBM's Deep Thought chess program became the first computer program to beat a grandmaster, Bent Larsen. After that
notable occurrence, world chess champion Garry Kasparov declared that a computer program could never beat him in chess. He
proved himself correct in 1989 by defeating IBM's Deep Thought in a two-game match.

In 1996, Kasparov played a six-game match with IBM's Deep Blue, the successor chess program to Deep Thought. Kasparov won
the competition four games to two. However, this was the first time a world chess champion lost a game to a computer chess
program.

In 1997, Deep Blue and Kasparov had a six-game rematch. Deep Blue won three games to two this time, with one draw. At this point,
computer chess programs began regularly beating and then overwhelming humans on the chess board. Experts now believe that with
the advances in AI algorithms and increases in computer computational power, improvements in Al-powered chess programs will
occur only when the computer programs play each other.

The short history of AI conquering the game of chess is similar to what is happening now. Society is suffering growing pains trying to
understand AI's limitations and frailties while developers constantly improve their products. Newer versions of Microsoft's Bing,
Google's Bard, and OpenAI's ChatGPT are now searching the internet (instead of being limited to a static database). However, AI's
expanded search functions are still limited in differentiating between reliable sites and websites that purposely or inadvertently spread
misinformation.

Finally, within your area of work, when you are presented with a draft document prepared by an Al-powered product, as with a draft
document prepared by a law clerk, paralegal, or new lawyer whose abilities you have not fully assessed, it is up to you to exercise
due diligence before you sign the document.

Endnotes

(1.) Rahul Verma, "Father of AI" Warns of Chatbot Dangers and Quits Google: Geoffrey Hinton on the Risks of Artificial Intelligence,
Bus. INSIDER INDIA (May 3, 2023), https://shorturl.at/elquF.
(2.) Cade Metz, "The Godfather of A.I." Leaves Google and Warns of Danger Ahead, N.Y. TIMES (May 1, 2023, updated May 4,
2023), https://short url.at/knrJK.

(3.) AJ McDougall, Apple Says Employees Can't Use ChatGPT: Report, DAILY BEAST (May 18, 2023), https://shorturl.ac/7a7uu.

(4.) Herbert Dixon, Deepfakes: More Frightening than Photoshop on Steroids, 58 JUDGES' J., no. 3, Summer 2019, at 35,
https://shorturl.at/lmDE6.

(5.) John Mortensen, Is AI Better than Humans at Chess?, TECH EVALUATE (last updated July 24, 2022), https://shorturl.ac/7a7tb.

By Judge Herbert B. Dixon Jr.

Judge Herbert B. Dixon Jr. is a senior judge with the Superior Court of the District of Columbia. He is chair of the ABA Journal Board
of Editors, a former chair of both the National Conference of State Trial Judges and the ABA Standing Committee on the American
Judicial System, and a former member of the Techshow Planning Board. You can reach him at Jhbdixon@gmail.com. Follow Judge
Dixon on Twitter@Jhbdixon.

Caption: Here is an enormous, an incalculable force... let loose suddenly upon mankind; exercising all sorts of influences, social,
moral, political; precipitating upon us novel problems which demand immediate solution; banishing the old, before the new is half
matured to replace it.... Yet... not many... who fondly believe they control it, ever stop to think of it as... the most tremendous and far-
reaching engine of social change which has either blessed or cursed mankind.

Please Note: Illustration(s) are not available due to copyright restrictions.

Copyright: COPYRIGHT 2023 American Bar Association

http://www.abanet.org
Source Citation (MLA 9th Edition)
Dixon, Judge Herbert B. "Artificial Intelligence - 'What Hath God Wrought'." Judges Journal, vol. 62, no. 3, summer 2023, pp. 37+.
Gale Academic OneFile, link.gale.com/apps/doc/A759873834/AONE?u=uprpiedras&sid=bookmark-AONE&xid=8c0966fa.
Accessed 9 Sept. 2023.
Gale Document Number: GALE|A759873834