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AI & Law: Legally Defining AI
by Dr. Lance B. Eliot
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Key briefing points about this article:
- Definitions are the lifeblood of the law and inextricably the practice of law too
- Many a court case has hinged precariously on the definition of this word or that phrase
- Meanwhile, consider that AI is gradually and inexorably coming into the field of law
- And yet there is ample ambiguity about what “AI” entails and definitions of AI are aplenty
- This gives rise to examining a definition of AI as codified into the National Defense Act
Introduction
Any budding attorney learns pretty quickly that definitions can make or break your day. Whether examining a recently passed piece of legislation or perhaps giving a contract some close inspection, the importance of definitions arises with near certainty. Is the terminology well-specified or is it sloppy and proffers numerous loopholes? Are the crucial words and phrases carefully defined or are they used with abandon and seem vacuous?
In contrast to the average person, lawyers know well the importance of definitions. Many a court case has hinged on the definition of a particular word or phrase. Tremendous legal battles have been waged as a result of arguments over the meaning of the tiniest of words.
Even the general public is likely aware of the now-classic debate over the word “is” when Bill Clinton during his presidency stated that “There’s nothing going on between us” and then explained to a grand jury that “It depends on what the meaning of the word ‘is’ is.” In this instance, the splitting of hairs dealt with whether the word “is” encapsulates the meaning of “was” or instead only meant the present tense and not the past.
Indubitably, definitions are crucial, and especially so in legal discourse.
Speaking of splitting hairs, another vital element about definitions entails what exactly the meaning of a…
