Supreme Court Justices Apply New Ethics Code Differently; News week, April 9, 2024

 Khaleda Rahman, Newsweek; Supreme Court Justices Apply New Ethics Code Differently

"Supreme Court justices are divided along political lines over whether or not to explain their recusals, and legal experts are very concerned."

Where AI and property law intersect; Arizona State University (ASU) News, April 5, 2024

  Dolores Tropiano, Arizona State University (ASU) News; Where AI and property law intersect

"Artificial intelligence is a powerful tool that has the potential to be used to revolutionize education, creativity, everyday life and more.

But as society begins to harness this technology and its many uses — especially in the field of generative AI — there are growing ethical and copyright concerns for both the creative industry and legal sector.

Tyson Winarski is a professor of practice with the Intellectual Property Law program in Arizona State University’s Sandra Day O’Connor College of Law. He teaches an AI and intellectual property module within the course Artificial Intelligence: Law, Ethics and Policy, taught by ASU Law Professor Gary Marchant.

“The course is extremely important for attorneys and law students,” Winarski said. “Generative AI is presenting huge issues in the area of intellectual property rights and copyrights, and we do not have definitive answers as Congress and the courts have not spoken on the issue yet.”"

Ethics in an age of disinformation: Free webinar series from the National Press Club Journalism Institute; National Press Club Journalism Institute, April 4, 2024

Press Release, National Press Club Journalism Institute; Ethics in an age of disinformation: Free webinar series from the National Press Club Journalism Institute 

"The National Press Club Journalism Institute is pleased to announce a free, four-part webinar series focused on ethics in the age of disinformation. These discussions are geared toward equipping journalists and the public with tools to combat mis and disinformation efforts aimed at disrupting journalism and democracy.

All of these webinars are free and open to the public and are designed to provide tools and best practices to support ethical, trustworthy journalism."

The Dubious Ethics of “the World’s Most Ethical Companies”; The Nation, March 14, 2024

JESS MCALLEN , The Nation; The Dubious Ethics of “the World’s Most Ethical Companies”

"Ethisphere, a for-profit institution started in 2006, which describes itself as a tool to “accelerate ethical business,” has expanded significantly since its creation. In addition to producing its yearly list of the World’s Most Ethical Companies, Ethisphere hosts a podcast (Ethicast), a newsletter (“Ethisphere Insights”), and runs the Business Ethics Leadership Alliance, which allows members to access a “concierge” service where business executives can ponder ethical quandaries (“How do I measure and assess third-party risk?”) There is also a Global Ethics Summit, which occurs in tandem with the honoree gala. “It becomes evermore necessary to have a discussion about ethics,” the 2024 summit agenda reads, “and how we can maintain morality in our world.” Both nonprofits and for-profit companies can apply, with the exception of NGOs, government agencies, and nonprofit colleges and universities...

Some of this year’s honorees include...

The University of Pittsburgh Medical Center (UPMC) was awarded for the sixth time, despite being ordered to pay the federal government $8.5 million last year in a lawsuit over falsely billing federal programs, as well as jeopardizing patient health. In January of this year, a nurse filed a lawsuit against the hospital for the UPMC’s unfair business practices."

From ethics to outsmarting Chat GPT, state unveils resource for AI in Ohio education; Cleveland.com, February 15, 2024

Laura Hancock, cleveland.com ; From ethics to outsmarting Chat GPT, state unveils resource for AI in Ohio education

"The state released a guide Thursday to help schools and parents navigate generative artificial intelligence in an ethical manner.

“When you use the term AI, I know in some people’s minds, it can sound scary,” said Lt. Jon Husted, whose InnovateOhio office worked with private sector organizations to develop the guide...

Every technology that’s come into society has been like that.”...

But AI is the wave of the future, and Husted said it’s important that students are exposed to it.

The AI toolkit is not mandatory but can be used as a resource for educators and families.

It doesn’t include many prescriptive actions for how to begin teaching and using AI. Rather, it contains sections for parents, teachers and school districts where they can find dozens of sample lessons and discussions about ethics, how to develop policies to keep students safe, and other topics.

For instance, teachers can find a template letter that they can send to school district officials to communicate how they’re using AI...

“Before you use AI in the classroom you will need a plan for a student with privacy, data security, ethics and many other things,” Husted said. “More is needed than just a fun tool in the classroom.”"

University Librarians See Urgent Need for AI Ethics; Inside Higher Ed, January 17, 2024

  Lauren Coffey, Inside Higher Ed; University Librarians See Urgent Need for AI Ethics

"Nearly three-quarters of university librarians say there’s an urgent need to address artificial intelligence’s ethical and privacy concerns, a survey finds.

Roughly half the librarians surveyed said they had a “moderate” understanding of AI concepts and principles, according to the study released Friday. About one in five said they had a slightly below moderate understanding, and roughly the same amount had a slightly above moderate understanding. Only 3 percent of respondents said they had a “very high” understanding.

The study, conducted in May 2023 by Leo Lo, president-elect of the Association of College and Research Libraries, had 605 respondents who completed the survey. Of those, 45 percent worked in research institutions and 30 percent in institutions with undergraduate and graduate programming."

Using AI Responsibly; American Libraries, January 21, 2024

Diana Panuncial , American Libraries; Using AI Responsibly

"Navigating misinformation and weighing ethical and privacy issues in artificial intelligence (AI) were top of mind for the panelists at “AI and Libraries: A Discussion on the Future,” a January 21 session at the American Library Association’s 2024 LibLearnX Conference in Baltimore. Flowers was joined by Virginia Cononie, assistant librarian and coordinator of research at University of South Carolina Upstate in Spartanburg; Dray MacFarlane, cofounder of Tasio, an AI consulting company; and Juan Rubio, digital media learning program manager for Seattle Public Library (SPL). 

Rubio, who used AI to create a tool to help teens at SPL reflect on their mental health and well-being, said there is excitement behind the technology and how it can be harnessed, but there should also be efforts to educate patrons on how to use it responsibly. 

“I think ethical use of AI comes with creating ethical people,” he said, adding that SPL has been thinking about implementing guidelines for using AI. “Be very aware of your positionality [as librarians], because I think we are in a place of privilege—not necessarily of money or power, but of knowledge.”"

The Friar Who Became the Vatican’s Go-To Guy on A.I.; The New York Times; February 9, 2024

 Jason Horowitz, The New York Times; The Friar Who Became the Vatican’s Go-To Guy on A.I.

"There is a lot is going on for Father Benanti, who, as both the Vatican’s and the Italian government’s go-to artificial intelligence ethicist, spends his days thinking about the Holy Ghost and the ghosts in the machines.

In recent weeks, the ethics professor, ordained priest and self-proclaimed geek, has joined Bill Gates at a meeting with Prime Minister Giorgia Meloni, presided over a commission seeking to save Italian media from ChatGPT bylines and general A.I. oblivion, and met with Vatican officials to further Pope Francis’s aim of protecting the vulnerable from the coming technological storm."

European Publishers Praise New EU AI Law; Publishers Weekly, February 2, 2024

Ed Nawotka, Publishers Weekly; European Publishers Praise New EU AI Law

"The Federation of European Publishers (FEP) was quick to praise the passage of new legislation by the European Union that, among its provisions, requires "general purpose AI companies" to respect copyright law and have policies in place to this effect.

FEP officials called the EU Artificial Intelligence (AI) Act, which passed on February 2, the "world’s first concrete regulation of AI," and said that the legislation seeks to "ensure the ethical and human-centric development of this technology and prevent abusive or illegal practices law, which also demands transparency about what data is being used in training the models.""

The economy and ethics of AI training data; Marketplace.org, January 31, 2024

Matt Levin, Marketplace.org;  The economy and ethics of AI training data

"Maybe the only industry hotter than artificial intelligence right now? AI litigation. 

Just a sampling: Writer Michael Chabon is suing Meta. Getty Images is suing Stability AI. And both The New York Times and The Authors Guild have filed separate lawsuits against OpenAI and Microsoft. 

At the heart of these cases is the allegation that tech companies illegally used copyrighted works as part of their AI training data. 

For text focused generative AI, there’s a good chance that some of that training data originated from one massive archive: Common Crawl. 

“Common Crawl is the copy of the internet. It’s a 17-year archive of the internet. We make this freely available to researchers, academics and companies,” said Rich Skrenta, who heads the nonprofit Common Crawl Foundation."

Lawyers viewed as more ethical than car salespeople and US lawmakers; ABA Journal, January 30, 2024

DEBRA CASSENS WEISS, ABA Journal ; Lawyers viewed as more ethical than car salespeople and US lawmakers

"Only 16% of Americans rate lawyers’ honesty and ethical standards as "high" or "very high," according to a Gallup poll taken in December.

The percentage has decreased since 2022, when 21% of Americans said lawyers had high or very high honesty and ethical standards, and since 2019, when the percentage was 22%, according to a Jan. 22 press release with results of Gallup’s 2023 Honesty and Ethics poll.

Lawyers did better than business executives, insurance salespeople and stockbrokers. Twelve percent of Americans viewed those occupations as having high or very high ethics and honesty. The percentage decreased to 8% for advertising practitioners, car salespeople and senators, and 6% for members of Congress."

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark; JDSupra, January 29, 2024

Ralph Artigliere , JDSupra; Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

"As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative AI promises to provide monumental advantages to lawyers in their workflow, quality of work product, productivity, and time management and more. For clients, use of generative AI by their lawyers can mean better legal services delivered faster and with greater economy. In the area of eDiscovery, generative AI promises to surpass technology assisted review in helping manage the increasingly massive amounts of data.

Generative AI is new to the greater world, and certainly to busy lawyers who are not reading every blogpost on AI. The internet and journals are afire over concerns of hallucinations, confidentiality, bias, and the like. I felt a new ethics opinion might throw a wet blanket on generative AI and discourage Florida lawyers from investigating the new technology.

Thankfully, my concerns did not become reality. The Florida Bar took a thorough look at the technology and the existing ethical guidance and law and applied existing guidelines and rules in a thorough and balanced fashion. This article briefly summarizes Opinion 24-1 and highlights some of its important features.

The Opinion

On January 19, 2024, The Florida Bar released Ethics Opinion 24-1(“Opinion 24-1”)regarding the use of generative artificial intelligence (“AI”) in the practice of law. The Florida Bar and the State Bar of California are leaders in issuing ethical guidance on this issue. Opinion 24-1 draws from a solid background of ethics opinions and guidance in Florida and around the country and provides positive as well as cautionary statements regarding the emerging technologies. Overall, the guidance is well-placed and helpful for lawyers at a time when so many are weighing the use of generative AI technology in their law practices."

Lawyers weigh strength of copyright suit filed against BigLaw firm; Rhode Island Lawyers Weekly, January 29, 2024

 Pat Murphy , Rhode Island Lawyers Weekly; Lawyers weigh strength of copyright suit filed against BigLaw firm

"Jerry Cohen, a Boston attorney who teaches IP law at Roger Williams University School of Law, called the suit “not so much a copyright case as it is a matter of professional responsibility and respect.”"

A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?; The Ethicist, The New York Times Magazine, January 25, 2024

  Kwame Anthony Appiah, The Ethicist,The New York Times Magazine ; A Stranger Bought a Set of Highly Personal Letters. Can I Call Him Out?

"From the Ethicist:

It was thoughtless, I agree, to sell off a cache of letters that included some that were intimate and came from living people. The thought of strangers’ digging through letters written in the spirit of love and friendship can be upsetting. That the person who has acquired these letters has failed to grasp this suggests a certain lack of empathy. But it doesn’t establish that he lacks a moral sense, because you don’t really have any idea what he plans to do with this material. 

And there are constraints on this. When you acquire letters, you don’t thereby acquire the copyright in those letters, and copyright protection typically lasts until 70 years after the author’s death. So he has to deal with the murky issue of what counts as the “fair use” of such intellectual property. There are also a few privacy torts that individuals can try to pursue in the courts (e.g., intrusion upon seclusion; public disclosure of private facts). Even though he isn’t a party to a covenant of confidentiality, as someone in A.A. is, it remains true that, as you imply, exposing details of the intimate lives of private people is generally wrong."

Ethics Ratings of Nearly All Professions Down in U.S.; Gallup, January 22, 2024

 MEGAN BRENAN AND JEFFREY M. JONES, Gallup; Ethics Ratings of Nearly All Professions Down in U.S.

"Americans’ ratings of nearly all 23 professions measured in Gallup’s 2023 Honesty and Ethics poll are lower than they have been in recent years. Only one profession -- labor union leaders -- has not declined since 2019, yet a relatively low 25% rate their honesty and ethics as “very high” or “high.”

Nurses remain the most trusted profession, with 78% of U.S. adults currently believing nurses have high honesty and ethical standards. However, that is down seven percentage points from 2019 and 11 points from its peak in 2020.

At the other end of the spectrum, members of Congress, senators, car salespeople and advertising practitioners are viewed as the least ethical, with ratings in the single digits that have worsened or remained flat."

Addressing equity and ethics in artificial intelligence; American Psychological Association, January 8, 2024

 Zara Abrams, American Psychological Association; Addressing equity and ethics in artificial intelligence

"As artificial intelligence (AI) rapidly permeates our world, researchers and policymakers are scrambling to stay one step ahead. What are the potential harms of these new tools—and how can they be avoided?

“With any new technology, we always need to be thinking about what’s coming next. But AI is moving so fast that it’s difficult to grasp how significantly it’s going to change things,” said David Luxton, PhD, a clinical psychologist and an affiliate professor at the University of Washington’s School of Medicine who is part of a session at the upcoming 2024 Consumer Electronics Show (CES) on Harnessing the Power of AI Ethically.

Luxton and his colleagues dubbed recent AI advances “super-disruptive technology” because of their potential to profoundly alter society in unexpected ways. In addition to concerns about job displacement and manipulation, AI tools can cause unintended harm to individuals, relationships, and groups. Biased algorithms can promote discrimination or other forms of inaccurate decision-making that can cause systematic and potentially harmful errors; unequal access to AI can exacerbate inequality (Proceedings of the Stanford Existential Risk Conference 2023, 60–74). On the flip side, AI may also hold the potential to reduce unfairness in today’s world—if people can agree on what “fairness” means.

“There’s a lot of pushback against AI because it can promote bias, but humans have been promoting biases for a really long time,” said psychologist Rhoda Au, PhD, a professor of anatomy and neurobiology at the Boston University Chobanian & Avedisian School of Medicine who is also speaking at CES on harnessing AI ethically. “We can’t just be dismissive and say: ‘AI is good’ or ‘AI is bad.’ We need to embrace its complexity and understand that it’s going to be both.”"

Roberts sidesteps Supreme Court’s ethics controversies in yearly report; The Washington Post, December 31, 2023

 Ann E. Marimow, The Washington Post; Roberts sidesteps Supreme Court’s ethics controversies in yearly report

"Roberts, a history buff, also expounded on the potential for artificial intelligence to both enhance and detract from the work of judges, lawyers and litigants. For those who cannot afford a lawyer, he noted, AI could increase access to justice.

“AI obviously has great potential to dramatically increase access to key information for lawyers and non-lawyers alike. But just as it risks invading privacy interests and dehumanizing the law,” Roberts wrote, “machines cannot fully replace key actors in court.”...

Roberts also did not mention in his 13-page report the court’s adoption for the first time of a formal code of conduct, announced in November, specific to the nine justices and intended to promote “integrity and impartiality.” For years, the justices said they voluntarily complied with the same ethical guidelines that apply to other federal judges and resisted efforts by Congress to impose a policy on the high court...

The policy was praised by some as a positive initial step, but criticized by legal ethics experts for giving the justices too much discretion over recusal decisions and for not including a process for holding the justices accountable if they violate their own rules."

AI starts a music-making revolution and plenty of noise about ethics and royalties; The Washington Times, December 26, 2023

Tom Howell Jr. , The Washington Times ; AI starts a music-making revolution and plenty of noise about ethics and royalties

"“Music’s important. AI is changing that relationship. We need to navigate that carefully,” said Martin Clancy, an Ireland-based expert who has worked on chart-topping songs and is the founding chairman of the IEEE Global AI Ethics Arts Committee...

The Biden administration, the European Union and other governments are rushing to catch up with AI and harness its benefits while controlling its potentially adverse societal impacts. They are also wading through copyright and other matters of law.

Even if they devise legislation now, the rules likely will not go into effect for years. The EU recently enacted a sweeping AI law, but it won’t take effect until 2025.

“That’s forever in this space, which means that all we’re left with is our ethical decision-making,” Mr. Clancy said.

For now, the AI-generated music landscape is like the Wild West. Many AI-generated songs are hokey or just not very good."

Court clerk Becky Hill admits plagiarizing part of Murdaugh trial book from BBC reporter; The Post and Courier, December 26, 2023

Thad Moore and Glenn Smith , The Post and Courier; Court clerk Becky Hill admits plagiarizing part of Murdaugh trial book from BBC reporter

"Colleton County Clerk of Court Rebecca Hill admitted plagiarizing the opening section of her book on the Alex Murdaugh double-murder trial after her co-author suspended sales and vowed never to work with her again.

In a Dec. 26 statement, Hill’s lawyers said she lifted much of the book’s preface from a BBC reporter’s work, saying she was under pressure because of tight deadlines for the self-published book. Attorneys Justin Bamberg and Will Lewis said Hill was “deeply remorseful” for her “unfortunate lapse in judgment.”

The plagiarized passages were unearthed by Hill’s co-author, Neil Gordon, after messages from Hill’s government email account were made public earlier in December. The plagiarism scandal deepens the troubles facing the embattled clerk, who already was accused of ethics violations and jury tampering during the Murdaugh trial."

The “Trolley Problem” Doesn’t Work for Self-Driving Cars The most famous thought experiment in ethics needs a rethink; IEEE Spectrum, December 12, 2023

SARAH WELLS, IEEE Spectrum ; The “Trolley Problem” Doesn’t Work for Self-Driving Cars  The most famous thought experiment in ethics needs a rethink

"“The trolley paradigm was useful to increase awareness of the importance of ethics for AV decision-making, but it is a misleading framework to address the problem,” says Dubljević, a professor of philosophy and science, technology and society at North Carolina State University. “The outcomes of each vehicle trajectory are far from being certain like the two options in the trolley dilemma [and] unlike the trolley dilemma, which describes an immediate choice, decision-making in AVs has to be programmed in advance.”...

“The goal is to create a decision-making system that avoids human biases and limitations due to reaction time, social background, and cognitive laziness, while at the same time aligning with human common sense and moral intuition,” says Dubljević. “For this purpose, it’s crucial to study human moral intuition by creating optimal conditions for people to judge.”"