Much has been written in the last several years about Predictive Coding (as well as Technology Assisted Review, Computer Aided Review, and Craig Ball’s hilarious Super Human Information Technology ). This automation technology, now heavily used for eDiscovery, relies heavily on “machine learning”, a discipline of artificial intelligence (AI) that automates computer processes that learn from data, identify patterns and predict future results with varying degrees of human involvement. This interative machine training/learning approach has catapulted computer automation to unheard-of and scary levels of potential. The question I get a lot (I think only half joking) is “when will they learn enough to determine we and the attorneys they work with are no longer necessary?
Is it time to build in some safeguards to machine learning? Thinking back to the days I read a great deal of Isaac Asimov (last week), I thought about Asimov’s The Three Laws of Robotics:
- A robot may not injure a human being or, through inaction, allow a human being to come to harm.
- A robot must obey the orders given to it by human beings, except where such orders would conflict with the First Law.
- A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.
Following up on these robot safeguards, I came up with Tolson’s Three Laws of Machine Learning:
- A machine may not embarrass a lawyer or, through inaction, allow a lawyer to become professionally negligent and thereby unemployed.
- A machine must obey instructions given it by the General Counsel (or managing attorney) except where such orders would conflict with the First Law.
- A machine must protect its own existence through regular software updates and scheduled maintenance as long as such protection does not conflict with the First or Second Law
I think these three laws go along way in putting eDiscovery automation protections into effect for the the legal community. Other Machine Learning laws that others suggested are:
- A machine must refrain from destroying humanity
- A machine cannot repeat lawyer jokes…ever
- A machine cannot complement opposing counsel
- A machine cannot date legal staff
If you have other Machine Learning laws to contribute, please leave comments. Good luck and live long and prosper.