AI & Law: Evidentiary Admissibility Of Machine Learning

Exploring the issues underlying use of Machine Learning as legally permitted evidence

by Dr. Lance B. Eliot

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Key briefing points about this article:

• AI and Machine Learning (ML) systems are increasingly being used throughout society
• An open-ended issue surrounds the evidentiary nature of AI and ML
• Legal scholars are in the midst of debating the admissibility aspects
• One expressed viewpoint has compared AI/ML to the famous Daubert Criteria
• In brief, these authors contend that arguments can be made for and against such admissibility

Introduction

There is AI in our future.

This is occurring in our everyday lives and inexorably entering into the law in a myriad of ways.

Consider the notion of AI being brought into court for evidentiary purposes. Your first thought might be that a walking-talking robot will brashly enter the courtroom and be sworn-in at the witness stand. Though there is certainly extensive effort afoot to create…