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Post: Supreme Courts of Delaware and Georgia Take Steps to Regulate the Use of Artificial Intelligence

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Supreme Courts of Delaware and Georgia Take Steps to Regulate the Use of Artificial Intelligence
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Highlights

The Supreme Court of Delaware has enacted an interim policy that governs what generative artificial intelligence platforms can be used, and how, by court personnel

The Supreme Court of Georgia created an Ad Hoc Committee to begin investigating the potential benefits and risks of AI in the administration of justice

With new regulation of and guidance for the use of AI, those who interact with the legal system should keep apprised of new AI requirements and developments

Court systems and the greater legal community are grappling with how best to address the benefits and potential risks associated with the proliferation of generative artificial intelligence technology (GenAI). The Supreme Courts of Delaware and Georgia both issued orders on Oct. 22, 2024, concerning their efforts on this front.

Delaware adopted an interim policy on GenAI usage by court personnel and Georgia established an Ad Hoc Committee to recommend best practices and possible uses of AI in the administration of justice. Delaware

The Delaware Commission on Law and Technology (DCLT), whose mission includes the responsibility “to assess developing technology and to identify critical needs and gaps,” drafted and recommended an interim policy regarding the use of GenAI by “judicial officers, employees, law clerks, interns, externs, and volunteers” within Delaware’s judicial branch.

The Delaware Supreme Court has now adopted that interim policy “to ensure the safe and appropriate use of GenAI by judicial officers and court personnel, but not to be used as a substitute for judicial, legal, or professional expertise” or as a substitute for human “decision-making function[s].”

Under the interim policy, court personnel using GenAI “are responsible to ensure the accuracy of all work product and must use caution when relying on the output of GenAI.” To help mitigate against potential risks of GenAI, court personnel are permitted to use only certain approved GenAI platforms, must receive training on the capabilities and limitations of GenAI, and are prohibited from inputting nonpublic information into unapproved platforms.The DCLT is to monitor how the interim policy is implemented and report any proposed changes that may come to light as GenAI usage expands in the Delaware courts. Georgia The Supreme […]

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