Alex Ebert, Bloomberg Law; AI Put on Trial in ‘Life or Death’ Police Tech Clashes
"Lawyers across the country who believe their clients have been wrongly implicated by a new technology are forced to wage individual battles against companies keen to keep their intellectual property under wraps...
Business sends “law firms into criminal courtrooms and they’re telling us, ‘My R&D to develop this for three years is more important and precious than the liberty your client is losing,’” said Cynthia Conti-Cook.
Conti-Cook, the director of research and policy at the Surveillance Resistance Lab, is part of a nationwide network of defense lawyers, academics, technologists, and policy strategists who share data, briefs, and tactics in an effort to push back against legal tech in court. Sometimes just getting access to this data can be enough of a bargaining chip for defense lawyers to get strong plea offers from prosecutors.
“When they sent their white shoe law firms into court to say ‘trade secret,’” she said, “our attorneys weren’t ready to say, ‘No, it’s not,’ and the judges weren’t ready to say, ‘No, it’s not.”
That’s starting to change."
