We have previously written about our concern regarding artificial intelligence (AI) and its use in writing briefs and doing legal research. AI is now the subject of hearings before a subcommittee of the Senate Judiciary Committee being chaired by U.S. Sen. Richard Blumenthal of Connecticut, and there seems to be a consensus that the United States is far behind on the subject, both with respect to the use of technology and (perhaps as a result) its regulation.

There also seems to be a growing consensus that licensing and legislation is needed (mostly on the federal level) and that education, both formally in school and otherwise, about the impact of AI, is necessary. We support the calls for its inclusion in law school curriculums, particularly as the common law is being developed in the absence of legislation. Cases are being filed in state and federal courts based on AI postings and algorithms that result in claims of product liability, defamation and fraud. Moreover, issues concerning permitting access by children and minors to AI are commanding national attention with legal consequences.

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