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Emergence of AI As Collaborator, As Creator: An Exploration

Emergence of AI as Collaborator, As Creator: An Exploration of the Intersection of AI, IP, and Security
Wednesday, June 10, 2020 | 6:00 pm – 9:00 pm

Program Fee:
Free for Members | $15 for Non-Members 

Please Note: All attendees will receive an email confirmation including a zoom invite two hours prior to the program with details of how to access the webinar.

The late Douglas Englebart, inventor of the graphical display and the computer mouse, among other things, used the term “augmentation” to talk about how computers could work with and for people.  In the same way that a car “augments” our legs, allowing us to cover ground faster, farther, and for longer than we can on our own, the computer “augments” our intellect.  Like the computer but in remarkably novel ways, Artificial Intelligence or AI augmentation enables us to remember more, calculate faster and more accurately, and manage more complex activities than we can unaided.  The intellectual property status, however, of AI-augmented works of authorship and inventions becomes potentially uncertain as AI performs as a collaborator, and sometimes as the creator or inventor.  AI challenges our concepts of IP because AI’s capacities are incomprehensible:  we often cannot match or explain them.   AI operates faster than human intellect.  AI machines “learn” from data sets in a few hours what thousands of human could not review in years.  AI generates outputs with a much higher accuracy than humans, performing the same task, can achieve.  And most perplexing, AI finds insights that humans would not have discerned.  While we, who created the algorithms, understand them and how they work, we can not necessarily understand the insights that these algorithms are discovering in the data that they are used to examine or how AI generated them.  And, as happened with the development of large, complex software, the complexity of AI and its outputs exceed our human capacity to check for errors, biases, security risks, and malicious uses.  And yet, the cars, aircraft, machines, and equipment we use are increasingly AI-enhanced and we, in turn, are ever more AI-dependent.  We rely on AI augmented controls and systems without adequately checking – blindly trusting without knowing – whether they are reliable, trustworthy, and safe. 
Our panel of experts in AI (who are not lawyers) and of experienced lawyers (who know about, but are not experts in, AI) will explore perplexing questions about AI and the challenges it poses to our concepts of IP.  Some of the questions concern the IP rights in the algorithms and source code from which an AI machine is built.  Other questions concern works (paintings, writings, music) and inventions created in collaboration with, or augmented by AI, or by AI alone.  During our discussion, we will refer to questions asked in the USPTO’s request for comments on Patenting Artificial Intelligence Inventions (August 2019) and on Intellectual Property Protection for Artificial Intelligence Innovation (October 2019).  In addition, we will explore questions on the security of AI machines, of security flaws that may become embedded in AI, and of unreliable or unintended outcomes of machines, equipment, vehicles, and communications enhanced by AI capabilities.  Our panel will explore these issues by discussing a hypothetical scenario in which an aerospace firm’s engineers design and develop an AI machine to enhance an onboard flight control system.  
Roland L. Trope,  Trope and Schramm LLP and Department of Electrical Engineering and Computer Science, U.S. Military Academy at West Point

Megan K. Bannigan, Debevoise & Plimpton LLP
LTC Jason Cody, Department of Electrical Engineering and Computer Science, U.S. Military Academy at West Point
Catriona Collins, Lexis Practice Advisor  
Marc Donner, Formerly at Google and Uber
Nicole Haff, Romano Law PLLC
Christian Hannon, United States Patent and Trademark Office
Samantha Fink Hedrick, Gunderson Dettmer Stough Villeneuve Franklin & Hachigian, LLP  
Professor Charles Palmer, IBM Watson and Department of Computer Science, Dartmouth College  
Justin Taylor, Hughes Hubbard LLP

Sponsoring Committee:
Council on Intellectual Property, James R. Klaiber, Chair

New York City Bar Association 42 West 44th St New York, NY 10036 UNITED STATES

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