U.S. Chief Justice John Roberts commented on artificial intelligence (AI) in the Federal Judiciary’s year-end-report on Dec. 31.
Roberts first assured the public of the continued role of judges, writing:
“As 2023 draws to a close with breathless predictions about the future of artificial intelligence, some may wonder whether judges are about to become obsolete. I am sure we are not—but equally confident that technological changes will continue to transform our work.”
He later emphasized that machines cannot fully replace human decisions, writing that “nuance matters: Much can turn on a shaking hand … a moment’s hesitation, [or] a fleeting break in eye contact.” Roberts noted that people trust humans more than AI and other machines to assess these nuances and make decisions.
Roberts also warned of the potential for AI to provide fabricated answers or “hallucinations,” noting that certain lawyers recently used a particular AI-powered application and submitted briefs with references to imaginary cases. He also warned of AI’s potential impact on privacy, plus the possibility of unfair AI-based decisions in discretionary matters such as flight risk and recidivism.
Despite those concerns, Roberts noted potential benefits of AI, such as its ability to increase access to legal advice and tools for those who cannot afford a lawyer.
AI could affect crypto litigation
The impact of AI on the legal system is relevant to the crypto sector, as U.S. regulators have recently advanced legal cases against numerous projects.
One report from Morrison Cohen LLP last updated in September 2023 lists over 600 cryptocurrency-related cases. This includes regulatory cases as well as class action suits. As the crypto sector grows and litigation increases, AI could be applied to some parts of the process so that legal professionals can handle a rising workload and a greater amount of relevant information.
Though Roberts did not comment on crypto cases specifically, he stated that many AI applications “indisputably assist the judicial system.” He asserted that AI will affect courts at the trial level significantly as participants adopt the technology.
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