WEBVTT

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Good afternoon, and welcome to another episode

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of the Oxford University Undergraduate Law Journal

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podcast. I'm your host, Isaac, and today we are

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joined by Mr Adrian Mak, a fellow at the Stanford

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Law School AI Initiative. Adrian has contributed

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extensively to academic discourse on the intersection

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of technology, dispute resolution, and private

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law. He was a co -editor of Privacy and Personal

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Data Protection Law in Asia by Hart Publishing,

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and contributed to the Cambridge Handbook of

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Private Law and Artificial Intelligence. He also

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has extensive practice experience in international

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technology, commercial and energy disputes. Good

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afternoon, Adrian, and welcome to the podcast.

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Good afternoon, Isaac. Thanks very much for having

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me. Okay, so just to get started. For our listeners

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who do not know much about data protection and

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privacy, can you give a brief overview of data

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protection principles and the legal basis in

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which companies and individuals can interact

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with personal data? Yeah, thanks, Isaac. So let

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me set the framing a little bit. So last week,

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I was at the India AI Impact Summit. So it's

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one of the largest AI summits, something apparently

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300 ,000 people went. But one of the panels that

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I went to, it was about data privacy and data

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transparency in the age of AI, right? It doesn't

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seem obvious, but there's a lot of underlying

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tensions in how we think about data privacy and

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also these other competing rights or other demands

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that we have in the age of AI. So a good framework

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that I like to have is by Professor Helen Nissenbaum

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called contextual integrity. It's about not so

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much how we control information and data privacy,

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but sort of underlying norms in data privacy.

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So what she's saying is it's about the norms

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that governs the data flows and the norms in

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the original context of the data, right? So the

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main theme I want to highlight is a lot of these

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norms are changing. A lot of it is subject to

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debate, whether from AI, a lot of the changing

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geopolitical tensions that we're seeing. But

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it's also when we talk about GDPR and different

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frameworks, they are legal tools or attempts

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to encode these norms that we have. And it's

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interesting to see how the legal and these underlying

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norms are changing and having this discussion.

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But that's the macro framing. And I think if

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we go down to the details, let's look at like.

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personal data, right? It's a broad definition and

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would be any information that relates to an identified

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or identifiable natural person. What does that

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mean? What are some of the principles? I think

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an easy way is you look at seven different principles

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and the GDPR, they're in Article 5, but I think

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some of the main ones include It's not so much

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a list of litany of principles, but a hierarchy.

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I think it's quite helpful. So you have lawful

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basis. So has the data been collected lawfully?

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And then you have things like... data minimisation

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and purpose limitation. Even if you have it,

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you can't just get everything and everything

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you want, right? And then you have these things

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like quality control, like is it accurate? Is

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it being stored in the right place? And then

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you have further on top these nice things like

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just whether it's integrity and whether it's

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being held accountable. But as I'm sure we'll

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discuss later, a lot of these principles will...

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are being challenged in the age of AI so i just

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want to flag that very briefly but also when

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you look at some of the basis for processing

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these personal data that there's six main ones

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but i i really just want to highlight um three

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of them they're in article uh six of GDPR people

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can take a look i don't want to go into too much

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details but um there's things like have you consented

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to the collection of that personal data? It's

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things like, is there a contractual or business

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necessity, right? And then the main thing of

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interest for AI is legitimate interests, right?

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Like you look at what's the interest in collecting

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this, whether the rights involved in this and

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balancing exercise. But also just very briefly.

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what does this all mean, right? So there's these

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corresponding rights for us as individuals or

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companies to demand things like, let's get a

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set of the data to look at what data, personal

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data that companies have, or can we demand erasure

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of these personal data? Can we rectify incorrect

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information? And a lot of these, again, are interesting

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themes that will come up in the age of AI. Thank

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you. Thank you so much. And I think, yeah, you

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kind of, you know, prefaced my question there

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that actually my next question is going to be

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about how large language models um have affected

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some of the principles you've talked about some

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you know you said they've gone in a hierarchy

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so is there is it okay if it affects the principles

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at a lower hierarchy and then you know is it

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more problematic if it affects principles higher

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up the chain um yeah so there's really a few

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principles in particular that are being affected

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by generative AI in particular. So principles

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such as data minimisation and purpose limitation,

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right? It's principles of whether when we demand

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an accurate um result um of the AI output um

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how accurate does it have to be right there's

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these problems of hallucination there's these

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problems of memory regurgitation um of personal

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data that we see from the outputs of these LLMs 

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um so there's various things that that are going

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on i'm happy to delve into these um into more

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detail yeah uh that that would be great you know

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if you could like you know maybe give us a few

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examples and maybe uh elucidate a little bit

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more on how these uh challenges and how they've

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been managed by AI companies and also how maybe

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legislatures and courts have kind of responded

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to these challenges yeah yeah That's a good question.

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So it's an evolving scene. So I like to think

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of AI and large language models as a data supply

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chain, right? And there are many data privacy

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risks involved in each of these phases. So let's

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start with a concrete example, right? So you're

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an Oxford student and you're sharing... You're

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asking ChatGPT in the UK about like this weird

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medical sport condition that you have, right?

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And you're taking photos of it. And this, let's

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say, personal data information is sent to the

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US with some Microsoft Azure server. And let's

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say it's being stored there for training purposes.

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But at the same time, once there's the processing

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of that. question there's the inference output

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stage where it's sent back to the UK and gives

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you like an answer um what you know what the

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medical condition is um this example is quite

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neat so it flags um three different themes that

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are ongoing in data privacy with AI one is the

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training versus the inference. So the training

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of the LLM involves a lot of personal data.

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How much is too much? Is there legitimate interest

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in processing all this personal information?

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There's the output stuff, right? Where you have

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these models, yeah, hallucinating and giving

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or regurgitating very specific personal data

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that it was being trained on. So that's one big

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theme, and there are different privacy risks

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involved in these two sectors. And then a second

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bucket from this example is the sort of international

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versus local cross -border data flow versus data

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sovereignty theme where, you know, when you have

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these, for example, the UK's data privacy regime

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being applied here, but also there's the US stuff,

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and then there's... different servers everywhere,

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which data protection regime applies and what

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happens if there are conflicting data protection

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regimes and how do you resolve these conflicts?

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But also that's why many jurisdictions are trying

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to assert things like data sovereignty and AI

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sovereignty, whether that's having data localisation

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rules, you need to have your full stack of AI

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from the chips. being more open source and um

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to running on data centers that are being located

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in this specific jurisdiction um to even things

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like you know data centers and um critical minerals

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and all that um but but that's sort of a second

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bucket and i think the third bucket when it comes

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to privacy is this sort of um the the cloud versus

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the on device so um a lot of companies are pushing

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for things like oh like a big proponent would

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be Apple right so a lot of the times they would

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say this uh AI inference all runs on your machine

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and it doesn't go out to other data centers and

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the well there's some nuance to this like often

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when they say that actually it's just sometimes

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it's encrypted secure channel um it's sometimes

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it leaves your phone but um the the intuition

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is the the more it's on your device the less

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likely there are security risks although um or

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personal data risks although we can still um

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talk about that um but yeah um i mean i i like

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to think about the more interesting stories um

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when it comes to like the the training and the

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inference side of things um in the training side

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of things there's i mean the training corpus

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is huge right so um like a Common Crawl set where

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AI is trained on um it's like 250 billion pages

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um another common set is like LAION 5b which is

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like 5 billion pairs of text -to -image pairs

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that AI is trained on. And a lot of this contains

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super sensitive personal data of you and me,

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right? And this involves questions of, okay,

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what's the legitimate basis of processing these?

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It's not consent when we post it initially on

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the internet. It's not necessary business need.

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And so what is the legitimate interest when billions

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of people didn't really say, oh, I... I didn't

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have a reasonable expectation that this would

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be used to train on AI in the first place, right?

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So this is sort of one interesting area and there

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are techniques to resolve that. But the other

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way more fun stuff is in the output side. So

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I believe we chatted about this before in Japan,

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Isaac, but the sort of when you look at the...

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Stability and Getty Images and um Stability and

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The New York Times these are copyright cases

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but they involve similar concerns which is uh

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when you prompt the AI to say generate a Caucasian

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woman in a red dress and pearl necklace literally

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the output is the same as the training sample

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which is very limited sample right and if you

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prompt the AI to to say a theme related to the New

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York Times paper, it gives a very much verbatim

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answer as the training sample. And you look at

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the risk when it comes to personal data. So there's

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these papers that show when you prompt, I think

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it was GPT -2, where you ask GPT to say, repeat

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the word company or poem infinite times. And

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it does this for like... 20, 30 times and then

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it starts regurgitating super sensitive personal

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data of like a company litigation that it was

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trained on, right? And we find actually there's

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these papers that show even for the larger models,

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this regurgitation memorisation still occurs

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and actually the sort of more knowledge intensive

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tasks, it does have this risk more versus like

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if it's very reasoning intensive tasks. um so

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that's super interesting and then there's the

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there's another bucket where there's a hallucination

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example as well so um there's these cases like

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um Starbucks uh versus um Google and um not he's

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he's an activist he's not i don't think he's

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related to Starbucks the company but when you

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search his name um it would come up with things

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like um he's uh he's the like literally child

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rapist and serial abuser and like he's uh like

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offender like multiple things on Gemini right

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and um he has another case where it's against

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Meta Meta's ai where you know he's he's accused

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of being in these riots but none of this is true

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right so um the the pretty crazy stuff and you

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know what the one solution was was to whenever

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you search the name um on Gemini um Gemini would

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just block the output. Because, for example,

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it's very expensive to retrain the whole model

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just for one person, even though there's these

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principles of erasure under GDPR. And there's

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these other techniques, like could you do machine

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unlearning, where you just unlearn one part of

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the data, but then there's these other risks

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involved, right? So technically, there are these

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super interesting advancements and maybe the

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legal rights is one direction to tackle it and

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maybe the sort of technical solution is one way

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to tackle it but there's there's many aspects

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to this that are very interesting a lot of privacy

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personal data risks are involved and i think

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um This is a long answer, but I think just the

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third thing to flag, apart from the input and

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the output side, is the infrastructure around

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AI. So we're in an age of agentic AI. It's not

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just the LLM, which is just the next token prediction,

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but the architecture. So when you use agents

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that have access to email. I'm giving it access

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to send replies on my behalf. A lot of this increased

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the surface area for attack and increasing traditional

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risks for personal data and data infringement

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risks. but also new categories of data privacy

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risks like prompt injection and enlisting new

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sorts of personal data from your AI agents. So

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there are lots of developing things, but it's

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helpful, I think, to think of the risks in terms

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of this AI data supply chain and what are the

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different vectors that map across it. yeah i

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actually just want to bounce off some of the

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things you talked about earlier i think i was

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listening recently to a Financial Times podcast

00:15:07.710 --> 00:15:10.649
and they were talking about how uh you know they've

00:15:10.649 --> 00:15:13.090
got some sources at OpenAI that's saying that

00:15:13.090 --> 00:15:16.769
OpenAI is now switching from you know long -term

00:15:16.769 --> 00:15:19.450
development like AI research to commercialising

00:15:19.450 --> 00:15:23.289
their main product which is ChatGpt and do you

00:15:23.289 --> 00:15:25.129
think like about all the issues you mentioned

00:15:25.129 --> 00:15:28.129
earlier you know do you think that there's obviously

00:15:28.129 --> 00:15:30.370
a technical solution which would involve a lot

00:15:30.370 --> 00:15:33.769
more long -term deep research into how the AI

00:15:33.769 --> 00:15:37.090
models work do you think this is something that

00:15:37.090 --> 00:15:39.450
can be kind of controlled by legislation in a

00:15:39.450 --> 00:15:41.610
way that both so both the legal solution and

00:15:41.610 --> 00:15:44.330
both the technical solution kind of work together

00:15:44.330 --> 00:15:47.169
such in a way to put pressure on these AI companies

00:15:47.169 --> 00:15:50.269
to adopt you know to really think about the the

00:15:50.269 --> 00:15:52.850
technical solution to such problems rather than

00:15:52.850 --> 00:15:55.269
just focus focusing on commercialising their

00:15:55.269 --> 00:15:58.559
product because you know That's what these companies

00:15:58.559 --> 00:16:00.360
want to do. I mean, in particular, I think there's

00:16:00.360 --> 00:16:03.700
been talks about ChatGPT having ads now. So it

00:16:03.700 --> 00:16:06.840
might be possible that if you prompt them about

00:16:06.840 --> 00:16:09.700
something, they'll just give you an ad or they'll

00:16:09.700 --> 00:16:12.240
insert an ad into their response. And is this

00:16:12.240 --> 00:16:14.220
really the right direction AI companies should

00:16:14.220 --> 00:16:16.019
be going? Or do you think there could be some

00:16:16.019 --> 00:16:18.539
form of legal pressure put on them to start really

00:16:18.539 --> 00:16:22.059
looking at these models and continually developing

00:16:22.059 --> 00:16:27.340
them to avoid such risk? Yeah, there's the famous

00:16:27.340 --> 00:16:31.740
Super Bowl ad run by Anthropic, where they basically

00:16:31.740 --> 00:16:35.740
do a parody of what the future looks like if

00:16:35.740 --> 00:16:38.820
it was run by OpenAI. And OpenAI gives you, you're

00:16:38.820 --> 00:16:41.360
asking very sensitive, highly important information,

00:16:41.360 --> 00:16:44.039
and then suddenly AI gives you an ad in the middle,

00:16:44.100 --> 00:16:46.379
right? And maybe that's the last thing you want

00:16:46.379 --> 00:16:53.659
in an AI. look not all AI companies are the same

00:16:53.659 --> 00:16:55.240
and they have different business models right

00:16:55.240 --> 00:16:58.399
like so traditionally you would think of um Anthropic

00:16:58.399 --> 00:17:01.679
as be like Claude looking at much more of B2B

00:17:01.679 --> 00:17:04.519
and their business model is slightly different

00:17:04.519 --> 00:17:07.240
from OpenAI which is traditionally seen as more

00:17:07.240 --> 00:17:11.259
B2C and sort of the ecosystem of OpenAI why

00:17:11.259 --> 00:17:14.000
they had to double click on Sora video generation

00:17:14.000 --> 00:17:18.089
like a social media app is Because a lot of the

00:17:18.089 --> 00:17:20.869
concerns around revenue and whether the current

00:17:20.869 --> 00:17:23.369
trajectory of investing hundreds of billions

00:17:23.369 --> 00:17:26.990
of dollars in data center and energy is that

00:17:26.990 --> 00:17:29.349
sustainable, right? And different companies are

00:17:29.349 --> 00:17:32.410
really trying to figure out what is the way to

00:17:32.410 --> 00:17:34.970
monetise and keep this sustainable, right? If

00:17:34.970 --> 00:17:38.990
we are to have a leading edge. So I think the

00:17:38.990 --> 00:17:42.990
business model question... is a big one and how

00:17:42.990 --> 00:17:47.529
that ties into safety research and um data privacy

00:17:47.529 --> 00:17:51.529
risks is is a big one right so so these these

00:17:51.529 --> 00:17:54.289
companies have for example like OpenAI has like

00:17:54.289 --> 00:17:57.039
a model behaviour team they have like like psychology

00:17:57.039 --> 00:18:00.819
psychologist looking into how different personalities

00:18:00.819 --> 00:18:04.500
of AI would react differently in different safety

00:18:04.500 --> 00:18:08.180
scenarios. Anthropic is very big on the constitutional

00:18:08.180 --> 00:18:11.279
AI and they released a new one where they have

00:18:11.279 --> 00:18:16.180
different ways of collecting values from different

00:18:16.180 --> 00:18:19.039
folks and trying to see how to embed that into

00:18:19.039 --> 00:18:22.019
the way that both the training and also how the

00:18:22.019 --> 00:18:24.539
answers that AI gives are different. And I think...

00:18:24.920 --> 00:18:27.960
You're right in pointing out that there are these

00:18:27.960 --> 00:18:31.799
concerns with AI companies. But there is also

00:18:31.799 --> 00:18:36.019
this flip dynamic where we're talking largely

00:18:36.019 --> 00:18:38.640
about closed source AI, but there's this movement

00:18:38.640 --> 00:18:41.559
with open source and a lot of the leading open

00:18:41.559 --> 00:18:44.740
source companies, particularly coming from China,

00:18:44.900 --> 00:18:50.319
which means they're technically open weight. You're

00:18:50.319 --> 00:18:52.460
you're allowing people you're releasing into

00:18:52.460 --> 00:18:54.299
the public and you're allowing people to fine

00:18:54.299 --> 00:18:57.400
tune it. And a lot of them do release their specs

00:18:57.400 --> 00:19:00.140
on how they train it. And there's all sorts of

00:19:00.140 --> 00:19:03.660
regulations around product specs and documentation.

00:19:03.799 --> 00:19:07.319
So this is one way where we encourage more transparency

00:19:07.319 --> 00:19:11.200
around the ecosystem and a healthier debate around

00:19:11.200 --> 00:19:15.380
what should be done. I think the legislation

00:19:15.380 --> 00:19:20.099
question is is. interesting one that different

00:19:20.099 --> 00:19:24.400
jurisdictions are grappling with, right? So there

00:19:24.400 --> 00:19:29.460
is the question of, do we do the whole Brussels

00:19:29.460 --> 00:19:35.559
effect with GDPR and try to out -innovate and

00:19:35.559 --> 00:19:39.880
lead by regulation? One of the concerns, both

00:19:39.880 --> 00:19:42.799
externally outside of EU, but also within EU

00:19:42.799 --> 00:19:47.210
with things like the Draghi report is whether

00:19:47.210 --> 00:19:50.890
there is too much regulation within the EU and

00:19:50.890 --> 00:19:52.990
whether that hinders innovation, especially when

00:19:52.990 --> 00:19:55.009
it comes to compliance costs for small and medium

00:19:55.009 --> 00:19:57.730
enterprises. If you look at some of the obligations

00:19:57.730 --> 00:20:02.630
for, not for OpenAI or the likes of those foundation

00:20:02.630 --> 00:20:05.130
model companies, but for small companies who

00:20:05.130 --> 00:20:07.130
are just trying to make something interesting,

00:20:07.369 --> 00:20:09.670
the compliance costs are super high. Now, of

00:20:09.670 --> 00:20:12.089
course, there is that conception. And then there's

00:20:12.089 --> 00:20:14.210
also the counter argument that you know, we're

00:20:14.210 --> 00:20:16.470
thinking about regulation as a hindrance, but

00:20:16.470 --> 00:20:20.890
actually regulation is in many instances an enabler

00:20:20.890 --> 00:20:25.829
of innovation, right? So think about the aviation

00:20:25.829 --> 00:20:29.730
sector, where it's because we demand these high

00:20:29.730 --> 00:20:32.829
standards for aviation and we establish things,

00:20:32.990 --> 00:20:34.609
international standards, but also like federal

00:20:34.609 --> 00:20:38.769
aviation administration, that we have such great

00:20:38.769 --> 00:20:44.599
technologies behind aviation. And, you know,

00:20:44.640 --> 00:20:46.539
there's similar arguments going on, like how

00:20:46.539 --> 00:20:50.880
much of the regulation can we push to have to

00:20:50.880 --> 00:20:52.759
encourage these companies to have much safer

00:20:52.759 --> 00:20:55.519
and also taking care of much more of our concerns.

00:20:56.420 --> 00:20:59.660
And you see something similar in, you know, GDPR,

00:20:59.680 --> 00:21:02.480
I think Article 25, like these mandates for privacy

00:21:02.480 --> 00:21:05.400
by design. So it's a legal obligation, but it

00:21:05.400 --> 00:21:10.819
says, look, let's push companies to embed privacy

00:21:10.819 --> 00:21:12.960
principles when they're designing some of them.

00:21:12.880 --> 00:21:15.119
the tools, including AI tools that they have,

00:21:15.319 --> 00:21:19.119
right? So that's why people develop technologies

00:21:19.119 --> 00:21:23.180
like differential privacy, where you try to add

00:21:23.180 --> 00:21:27.960
random noise into a sample when training AI.

00:21:28.079 --> 00:21:30.299
So you don't really know whether any individual

00:21:30.299 --> 00:21:33.680
is in that sample or not. And there's other technologies

00:21:33.680 --> 00:21:37.599
like Things like federated learning where you're

00:21:37.599 --> 00:21:41.079
training the model locally and then transferring

00:21:41.079 --> 00:21:43.960
the weights outside to another place. So there's

00:21:43.960 --> 00:21:47.619
less risk of transferring personal data or things

00:21:47.619 --> 00:21:51.059
like machine learning. So we are entering into

00:21:51.059 --> 00:21:54.680
a phase like you hinted, which is we need the

00:21:54.680 --> 00:21:58.160
technical governance and we need the legal governance,

00:21:58.279 --> 00:22:00.140
but we also need normative governance. We need

00:22:00.140 --> 00:22:02.740
people working together because it is such a

00:22:02.740 --> 00:22:07.339
cross. cross interdisciplinary foundational general

00:22:07.339 --> 00:22:11.759
purpose technology right thank you for that Adrian

00:22:11.759 --> 00:22:13.779
uh i think you mentioned a little bit about like

00:22:13.779 --> 00:22:16.400
different jurisdictions and how they manage it

00:22:16.400 --> 00:22:19.420
uh if you don't mind maybe could you do a little

00:22:19.420 --> 00:22:20.880
bit of a comparison i think you've done a little

00:22:20.880 --> 00:22:24.759
bit between the GDPR and uh maybe and maybe the

00:22:24.759 --> 00:22:27.400
UK and the US but you know maybe if we're looking

00:22:27.400 --> 00:22:29.680
towards Asia especially because China is a huge

00:22:29.680 --> 00:22:33.589
AI jurisdiction maybe Can we compare across these

00:22:33.589 --> 00:22:35.650
jurisdictions and see, and maybe you can give

00:22:35.650 --> 00:22:38.250
us your opinion on what you think, you know,

00:22:38.250 --> 00:22:40.509
the right things they are doing and maybe, you

00:22:40.509 --> 00:22:43.849
know, what do you think could be improved? Yeah,

00:22:43.849 --> 00:22:54.619
that's a great question. So there's a paper written

00:22:54.619 --> 00:22:59.859
by my friend at Stanford. It's called Comparing

00:22:59.859 --> 00:23:02.660
Apples to Oranges. And it talks about how when

00:23:02.660 --> 00:23:04.980
we talk about the different AI regulations, actually,

00:23:04.980 --> 00:23:10.420
it's a wide spectrum. And some regulations focus

00:23:10.420 --> 00:23:15.079
on risk. Some focus on the technology itself.

00:23:15.900 --> 00:23:19.779
That's one. uh difference right um another way

00:23:19.779 --> 00:23:22.799
of thinking about it is uh some focus on ex ante

00:23:22.799 --> 00:23:26.480
so um so before the fact how we have these regulations

00:23:26.480 --> 00:23:28.920
and some focus on expose where it's much more

00:23:28.920 --> 00:23:31.180
after the fact let's have litigation and try

00:23:31.180 --> 00:23:33.480
to regulate this stuff and then there's some

00:23:33.480 --> 00:23:38.359
that focus on sort of a more general uh wide

00:23:38.359 --> 00:23:42.380
ranging act that tries to be comprehensive and

00:23:42.380 --> 00:23:44.779
then there's some that try to be more sectoral.

00:23:44.779 --> 00:23:47.700
Let's look at sectors like biometrics, health,

00:23:47.940 --> 00:23:50.619
financial services, and then how AI is being

00:23:50.619 --> 00:23:53.019
applied in these sectors. And then how, let's

00:23:53.019 --> 00:23:56.099
look at the specific instances. So the EU AI

00:23:56.099 --> 00:24:01.859
Act, I think it'd be helpful to give some backstory,

00:24:02.000 --> 00:24:06.539
which is after the GDPR, which is late 2010s.

00:24:07.740 --> 00:24:10.259
um the working commission they came together

00:24:10.259 --> 00:24:12.740
and they said let's let's try to regulate let's

00:24:12.740 --> 00:24:15.519
look at the AI and how we can look at specific

00:24:15.519 --> 00:24:20.460
risks uh from using of AI and this is early 2020s

00:24:20.460 --> 00:24:24.119
and they you know basically looked at these sort

00:24:24.119 --> 00:24:28.019
of uh banned banned categories because of the

00:24:28.019 --> 00:24:29.940
high risk because of the risk and then there's

00:24:29.940 --> 00:24:32.099
these high risk or minimal risk and limited risks

00:24:32.099 --> 00:24:35.640
um similar to what you see now in the AI act

00:24:35.640 --> 00:24:39.890
and then They pretty much wrapped. And then in

00:24:39.890 --> 00:24:43.809
late 2022, November, this thing called ChatGPT

00:24:43.809 --> 00:24:48.150
came out or GPT 3 .5. And people were astounded,

00:24:48.190 --> 00:24:50.769
right? Like this wasn't really the type of technology

00:24:50.769 --> 00:24:53.849
that the EU was looking. And then so they sort

00:24:53.849 --> 00:24:58.170
of had to... um scramble and giving a very high

00:24:58.170 --> 00:25:00.170
level storytelling manner of how the process

00:25:00.170 --> 00:25:04.410
went uh they they try to look into also the regulation

00:25:04.410 --> 00:25:07.269
the technology itself so they were looking into

00:25:07.269 --> 00:25:10.450
some of the um foundation models categorising

00:25:10.450 --> 00:25:14.009
into high risk and um general purpose and whatnot

00:25:14.009 --> 00:25:18.089
and um so you have this sort of behemoth of a

00:25:18.089 --> 00:25:21.359
regulation and captured in the EU AI Act And then

00:25:21.359 --> 00:25:24.500
that's sort of meant to be complementary to the

00:25:24.500 --> 00:25:26.940
GDPR in many ways. But there's also many tensions

00:25:26.940 --> 00:25:31.880
within the EU AI act and GDPR, like the things

00:25:31.880 --> 00:25:33.660
that we discussed, right? So purpose limitation,

00:25:34.000 --> 00:25:37.559
data minimisation. Yes, we want to limit that.

00:25:37.640 --> 00:25:40.619
But then in the age of AI, to train these models,

00:25:40.700 --> 00:25:44.460
we do want like larger, diverse data sets to

00:25:44.460 --> 00:25:49.079
train these models. access to sensitive, high

00:25:49.079 --> 00:25:51.279
-risk categories of data in order to at least

00:25:51.279 --> 00:25:54.119
know whether there is bias in the AI, right?

00:25:55.000 --> 00:26:00.799
So these are types of tensions, and recognising

00:26:00.799 --> 00:26:03.940
these tensions and also the huge advancements

00:26:03.940 --> 00:26:07.140
that LLMs are making. Last year in November,

00:26:07.440 --> 00:26:10.140
so just a few months ago, the commission came

00:26:10.140 --> 00:26:13.720
out with... digital omnibus package. So it tries

00:26:13.720 --> 00:26:15.440
to reconcile some of the differences between

00:26:15.440 --> 00:26:18.539
the GDPR and the AI Act. So looking at legitimate

00:26:18.539 --> 00:26:21.680
interests and can that be done for AI? Can we

00:26:21.680 --> 00:26:24.700
delay some of the high risk obligations under

00:26:24.700 --> 00:26:29.279
AI Act? So that's sort of a moving picture of

00:26:29.279 --> 00:26:31.799
AI. And there's a big question of how much that

00:26:31.799 --> 00:26:34.660
model has been exported to, say, China, say,

00:26:34.779 --> 00:26:42.049
the US. In the US, it's also very a scattered

00:26:42.049 --> 00:26:44.509
approach right now, right? So federal level,

00:26:44.670 --> 00:26:46.990
there's always been discussions of whether there

00:26:46.990 --> 00:26:50.390
should be an APRA, so American Privacy Rights

00:26:50.390 --> 00:26:54.029
Act at the federal level, which hasn't been passed.

00:26:54.750 --> 00:27:00.349
But there's a lot of sort of state level privacy

00:27:00.349 --> 00:27:02.910
acts, but also a lot of sectoral approaches.

00:27:03.630 --> 00:27:07.549
um like in like HIPA like VIPA which in the

00:27:07.549 --> 00:27:10.410
US which deal with sort of health and um privacy

00:27:10.410 --> 00:27:14.170
rights for uh schools that are funded uh publicly

00:27:14.170 --> 00:27:17.910
and then sort of you know these um there's these

00:27:17.910 --> 00:27:22.109
things where there's these acts um that are coming

00:27:22.109 --> 00:27:25.259
out specifically for AI that sort of tangentially

00:27:25.259 --> 00:27:27.039
relate to privacy, but actually don't deal with

00:27:27.039 --> 00:27:30.460
it directly. So Colorado has a huge AI act that's

00:27:30.460 --> 00:27:34.660
comprehensive in nature. Tennessee. This is interesting.

00:27:34.859 --> 00:27:37.880
Tennessee has one called the Elvis Act, which

00:27:37.880 --> 00:27:41.500
was in 2024, which relates to AI deepfakes for

00:27:41.500 --> 00:27:45.319
singers. They don't want singers to be cloned

00:27:45.319 --> 00:27:48.680
with AI, right? So that's sort of related to

00:27:48.680 --> 00:27:52.420
some of the concerns in data privacy. And then

00:27:52.420 --> 00:27:57.670
there's some existing... um legislations like

00:27:57.670 --> 00:28:01.089
the Wiretapping Act um but that relates to things

00:28:01.089 --> 00:28:02.970
like on Zoom like in this conversation do you

00:28:02.970 --> 00:28:06.119
need one party to consent to the recording or

00:28:06.119 --> 00:28:07.779
do you need to put both parties in different

00:28:07.779 --> 00:28:09.960
states of different approaches? So it's very

00:28:09.960 --> 00:28:13.740
scattered, different approaches. And again, there's

00:28:13.740 --> 00:28:15.519
discussion of like, how much should we try to

00:28:15.519 --> 00:28:18.180
do it on the federal level? With the current

00:28:18.180 --> 00:28:21.140
administration, should we have no state level

00:28:21.140 --> 00:28:24.460
regulations because we want a uniform compliance

00:28:24.460 --> 00:28:28.359
standard in the US? So that's sort of changing

00:28:28.359 --> 00:28:30.900
as well. And then I think, as you rightly pointed

00:28:30.900 --> 00:28:35.740
out, in certain text circles, people do think

00:28:35.740 --> 00:28:40.240
like at least with the Chinese approach, they

00:28:40.240 --> 00:28:44.589
are super specific. applications when it comes

00:28:44.589 --> 00:28:47.849
to privacy, when it comes to AI. There's some

00:28:47.849 --> 00:28:50.150
super specific legislations like, oh, let's look

00:28:50.150 --> 00:28:53.109
at watermarking and you have to watermark AI

00:28:53.109 --> 00:28:55.869
outputs. There's some super specific ones related

00:28:55.869 --> 00:29:00.309
to algorithm, recommender algorithms. And I think

00:29:00.309 --> 00:29:04.829
what you'll find in the current state of jurisdictions

00:29:04.829 --> 00:29:08.619
in different including Asian jurisdictions, is

00:29:08.619 --> 00:29:11.819
they tend to do a bit of both. In the legislative

00:29:11.819 --> 00:29:14.779
process, they look at some of the Chinese style,

00:29:14.900 --> 00:29:16.640
they look at some of the EU style, some of the

00:29:16.640 --> 00:29:19.319
US style, and they have a bit of everything,

00:29:19.460 --> 00:29:22.759
right? So a lot of them tend not to have a super

00:29:22.759 --> 00:29:25.759
comprehensive one like the EU AI Act because...

00:29:26.329 --> 00:29:28.910
For example, they don't have leading model companies

00:29:28.910 --> 00:29:32.930
and there may be a huge compliance cost, but

00:29:32.930 --> 00:29:36.049
let's do some sectoral approaches and regulations.

00:29:36.549 --> 00:29:39.529
And then let's also try to develop technical

00:29:39.529 --> 00:29:42.630
interoperable standards that are more soft and

00:29:42.630 --> 00:29:46.180
non -binding in nature. for example, like the

00:29:46.180 --> 00:29:49.900
Japan equivalent of the AI Act focuses much more

00:29:49.900 --> 00:29:52.900
on innovation and how to encourage investments

00:29:52.900 --> 00:29:57.420
into the AI economy. So it comes in all flavours.

00:29:57.480 --> 00:30:01.839
And yeah, I'd recommend people looking more into

00:30:01.839 --> 00:30:05.259
this changing scene. Thank you. Thank you. And

00:30:05.259 --> 00:30:09.420
I think you also mentioned about like the difficult,

00:30:09.460 --> 00:30:11.119
I think this may be something you talked a little

00:30:11.119 --> 00:30:14.410
bit more about in Japan when we met that. there's

00:30:14.410 --> 00:30:16.509
a difficulty when it comes to regulation simply

00:30:16.509 --> 00:30:19.309
because you know the pace of AI models are developing

00:30:19.309 --> 00:30:21.710
so quickly that you know we're going to have

00:30:21.710 --> 00:30:23.970
you know sometimes the models the the regulations

00:30:23.970 --> 00:30:26.130
and the legislation just can't keep up with the

00:30:26.130 --> 00:30:29.269
new developments in these models the the intrusiveness

00:30:29.269 --> 00:30:31.210
of some of these models actually i think you're

00:30:31.210 --> 00:30:32.789
talking a little bit about transcribing just

00:30:32.789 --> 00:30:35.369
now and just as a little personal anecdote before

00:30:35.369 --> 00:30:39.369
you join the call i use Notion which is a you

00:30:39.369 --> 00:30:42.430
know a note -taking app and Notion AI there's

00:30:42.430 --> 00:30:45.390
a Notion AI now yeah it's great basically offered

00:30:45.390 --> 00:30:47.569
to transcribe the call if i wanted to i mean

00:30:47.569 --> 00:30:50.029
similarly Descript the platform that we're

00:30:50.029 --> 00:30:53.390
currently on uses an AI model to transcribe whatever

00:30:53.390 --> 00:30:55.829
we're saying like i mean i'll plug this in and

00:30:55.829 --> 00:30:57.769
the AI will just transcribe whatever we've said

00:30:57.769 --> 00:30:59.490
we'll just say it and that will create a transcript

00:30:59.490 --> 00:31:01.769
and i don't have to like manually listen to it

00:31:01.769 --> 00:31:04.029
and type it out and and that kind of intrusiveness

00:31:04.029 --> 00:31:06.970
and i guess i was just so surprised that things

00:31:06.970 --> 00:31:09.859
are developing so quickly And I guess in relation

00:31:09.859 --> 00:31:13.539
to that question, do you feel that the best approach

00:31:13.539 --> 00:31:16.579
to regulation is to think a little bit about

00:31:16.579 --> 00:31:20.059
normative theories of law? Like in a sense of

00:31:20.059 --> 00:31:25.059
like, maybe do we use the approach of like going

00:31:25.059 --> 00:31:27.599
on general principles rather than very specific

00:31:27.599 --> 00:31:30.000
legislation that targets a very specific technology

00:31:30.000 --> 00:31:34.079
or very specific area of risk? Instead, should

00:31:34.079 --> 00:31:37.250
we... use i guess because i'm studying jurisprudence

00:31:37.250 --> 00:31:40.690
now i guess use these you know principles of

00:31:40.690 --> 00:31:43.309
ethics that may be that that granted may vary

00:31:43.309 --> 00:31:45.269
depending on the focus of the country i mean

00:31:45.269 --> 00:31:49.250
japan might want to focus on innovation um countries

00:31:49.250 --> 00:31:50.730
in the west might want to focus a little bit

00:31:50.730 --> 00:31:53.170
more on regulation but can we use some general

00:31:53.170 --> 00:31:56.329
normative principles of ethics to influence the

00:31:56.329 --> 00:31:58.109
way we approach legislation and come up with

00:31:58.109 --> 00:32:01.269
a more i guess a more loose legislation but also

00:32:01.269 --> 00:32:03.049
a legislation that's therefore more flexible

00:32:03.049 --> 00:32:07.859
to it adapt to the changes in technology yeah

00:32:07.859 --> 00:32:09.619
that's a great question i i think just to relate

00:32:09.619 --> 00:32:15.579
to your story i mean um in in meetings nowadays

00:32:15.579 --> 00:32:17.980
you always have like these when you join Zoom

00:32:17.980 --> 00:32:20.420
they ask you consent but also a separate note

00:32:20.420 --> 00:32:22.480
taker that joins and it's always it looks like

00:32:22.480 --> 00:32:24.519
a separate person who's joining but it's actually

00:32:24.519 --> 00:32:26.640
just someone who transcribed But the summaries

00:32:26.640 --> 00:32:30.079
are pretty good, right? But I think in this story

00:32:30.079 --> 00:32:31.960
that I'm trying to tell, it's important not to

00:32:31.960 --> 00:32:34.599
focus only on the risk, but also the opportunities.

00:32:35.099 --> 00:32:38.559
I used to work in big law, doing IPOs and M&amp;As.

00:32:38.619 --> 00:32:41.839
And a lot of what junior lawyers work was transcribing,

00:32:41.839 --> 00:32:44.400
typing manually, using hours. And I remember

00:32:44.400 --> 00:32:47.019
one story was like, I mean, just doing this Chinese

00:32:47.019 --> 00:32:50.299
huge AI company, well, just a huge company, but

00:32:50.299 --> 00:32:54.880
transcribing the call. Literally, I had six rounds

00:32:54.880 --> 00:32:57.000
of back and forth just with the senior associate

00:32:57.000 --> 00:32:59.839
just on how the notes should be taken. And the

00:32:59.839 --> 00:33:02.339
associate was great. I learned so much from this

00:33:02.339 --> 00:33:04.839
is a better standard of how to note take. But

00:33:04.839 --> 00:33:08.619
that spends so much of hours and billable hours

00:33:08.619 --> 00:33:11.539
where you could release that time to focus on

00:33:11.539 --> 00:33:14.140
much more valuable work. And that's a narrative

00:33:14.140 --> 00:33:17.279
of how much are we replacing humans and augmenting

00:33:17.279 --> 00:33:23.599
human work. But onto your point about the normative,

00:33:23.680 --> 00:33:28.279
and I think in the way you've defined it, I think

00:33:28.279 --> 00:33:30.799
it's essential. I think it's not just a good

00:33:30.799 --> 00:33:35.059
to have nowadays, right? Even in the example

00:33:35.059 --> 00:33:37.279
that we're talking about, so this makes me think

00:33:37.279 --> 00:33:41.740
of Professor Erik Brynjolfsson from Stanford,

00:33:41.819 --> 00:33:43.559
I think a few years ago, he talked about this

00:33:43.559 --> 00:33:46.859
within the AI circle, people always talk about

00:33:47.710 --> 00:33:50.730
um replacement rather than augmentation of human

00:33:50.730 --> 00:33:53.029
labor right like there's this company i think

00:33:53.029 --> 00:33:56.849
Mechanized Inc that like sort of makes fun and

00:33:56.849 --> 00:33:59.369
tries to say the billboards would say we're here

00:33:59.369 --> 00:34:04.490
to um replace humans right and um like it's that

00:34:04.490 --> 00:34:08.269
like narrative of you know we like we don't need

00:34:08.269 --> 00:34:10.969
human labor but but that's sort of the the paper

00:34:10.969 --> 00:34:13.920
by Erik Brynjolfsson and also my professor Professor

00:34:13.920 --> 00:34:16.440
Rob Reich talks about this, which is even in

00:34:16.440 --> 00:34:21.099
the early 40s and 50s in the CS AI field, there

00:34:21.099 --> 00:34:24.960
would be debates by Alan Turing. The Turing test

00:34:24.960 --> 00:34:29.519
is sort of, in some ways, encourages us to think

00:34:29.519 --> 00:34:31.500
about this replacement because it's how can humans

00:34:31.500 --> 00:34:34.659
replace, how can AI's machines replace human

00:34:34.659 --> 00:34:38.400
and what we're doing? But another framework by

00:34:38.400 --> 00:34:42.579
the founder of Cybernetics in the 40s is how

00:34:42.579 --> 00:34:45.139
can... AI and machines augment what humans are

00:34:45.139 --> 00:34:47.579
doing and complement humans are doing. So even

00:34:47.579 --> 00:34:50.239
in the AI field, where we don't think a lot about

00:34:50.239 --> 00:34:52.820
ethics and normative framework, or traditionally

00:34:52.820 --> 00:34:54.659
we don't think they're that field, there's a

00:34:54.659 --> 00:34:58.659
lot of normative discussion. And the current

00:34:58.659 --> 00:35:01.980
vibe shift now, at least here in Silicon Valley

00:35:01.980 --> 00:35:03.579
at Stanford, is a lot more people are trying

00:35:03.579 --> 00:35:08.400
to do this alignment work. even in the examples

00:35:08.400 --> 00:35:10.380
i mentioned like Anthropic they're trying to

00:35:10.380 --> 00:35:12.260
do a lot of like safety and alignment work which

00:35:12.260 --> 00:35:15.039
is super cool but also in the law and AI field

00:35:15.039 --> 00:35:19.400
right there's a lot more discussions on law following

00:35:19.400 --> 00:35:22.619
AI agents so um previously people would talk

00:35:22.619 --> 00:35:25.900
about how can we get agents to um abide by our

00:35:25.900 --> 00:35:27.780
values and there's a lot of like normative and

00:35:27.780 --> 00:35:31.050
ethical discussions but it's um difficult once

00:35:31.050 --> 00:35:33.230
you think about okay this is super vague but

00:35:33.230 --> 00:35:36.309
it's that's a good start and helpful in how we

00:35:36.309 --> 00:35:38.769
conceptualise AI agents but now people are talking

00:35:38.769 --> 00:35:40.809
about wait let's talk about how they follow the

00:35:40.809 --> 00:35:43.809
law um when AI agents are roaming around and

00:35:43.809 --> 00:35:46.170
then there's questions of which law does it follow

00:35:46.170 --> 00:35:49.110
um so for example there's an Institute of Law

00:35:49.110 --> 00:35:51.190
and AI and they're doing a workshop with Cambridge

00:35:51.190 --> 00:35:54.570
as well just focusing on like how how does it

00:35:54.570 --> 00:35:56.250
follow these values and how does it value these

00:35:56.250 --> 00:36:00.980
follow these laws but yeah, to answer your question,

00:36:01.139 --> 00:36:04.300
I think it's essential to do these normative

00:36:04.300 --> 00:36:06.360
work as well as the practical work. And I always

00:36:06.360 --> 00:36:08.900
think it's the intersection that's the most interesting.

00:36:09.139 --> 00:36:14.630
I think... um one one potential resource um and

00:36:14.630 --> 00:36:17.610
and not to shamelessly plug myself but the sort

00:36:17.610 --> 00:36:19.650
of Cambridge handbook of uh Private Law and AI

00:36:19.650 --> 00:36:23.550
um i contributed to a chapter um but a lot of

00:36:23.550 --> 00:36:26.130
the the chapters were discussing about these

00:36:26.130 --> 00:36:29.010
sort of normative aspects of of uh AI and how

00:36:29.010 --> 00:36:31.869
it relates to the law and i think um yeah i would

00:36:31.869 --> 00:36:35.110
love um that there's that there's more uh there's

00:36:35.110 --> 00:36:36.690
a lot of work on this as well and i'd love for

00:36:36.690 --> 00:36:39.590
you and other people to join in this discussion

00:36:40.780 --> 00:36:43.360
no yeah definitely because i think one of the

00:36:43.360 --> 00:36:46.460
so we have to do a mini thesis for our summer

00:36:46.460 --> 00:36:49.340
over you know over our summer break this time

00:36:49.340 --> 00:36:51.039
around uh moving from the second year to the

00:36:51.039 --> 00:36:53.460
third year and one of the mini options that we

00:36:53.460 --> 00:36:56.179
can write about is on uh law and technology and

00:36:56.179 --> 00:36:58.639
it's and and it's a jurisprudence mini option

00:36:58.639 --> 00:37:00.500
so i i would think that this would actually be

00:37:00.500 --> 00:37:03.260
very helpful because you know we want to think

00:37:03.260 --> 00:37:06.860
about how these theories and these values that

00:37:06.860 --> 00:37:08.340
we've learned in jurisprudence, like traditional

00:37:08.340 --> 00:37:10.619
jurisprudence from people like Hart, Dworkin,

00:37:10.719 --> 00:37:14.099
Finnis, and how we're thinking about such things

00:37:14.099 --> 00:37:16.780
in relation to AI, in relation to the tech, in

00:37:16.780 --> 00:37:19.780
relation to the risk or the intrusiveness that

00:37:19.780 --> 00:37:21.960
it has, but also the potential for innovation

00:37:21.960 --> 00:37:25.179
and that growth. And I guess definitely just

00:37:25.179 --> 00:37:27.280
bouncing off a little bit on what you're talking

00:37:27.280 --> 00:37:29.739
about, very practical, that kind of experience

00:37:29.739 --> 00:37:32.619
within the legal sector with AI, I think. Anthropic

00:37:32.619 --> 00:37:35.199
does a legal AI, there's Harvey as well, and

00:37:35.199 --> 00:37:38.519
Legora as well. There's one very big legal AI

00:37:38.519 --> 00:37:41.139
competitor. And so maybe, I guess, just to kind

00:37:41.139 --> 00:37:43.239
of wrap up this episode, I think a lot of us

00:37:43.239 --> 00:37:45.380
are definitely possibly considering going to

00:37:45.380 --> 00:37:48.480
big law. I mean, it's either, you know, some

00:37:48.480 --> 00:37:50.820
of us also think of going and becoming barristers,

00:37:50.860 --> 00:37:53.139
but whichever path we choose, I do believe that

00:37:53.139 --> 00:37:55.639
AI is going to play an important role. And so

00:37:55.639 --> 00:37:57.699
maybe, I guess, this final question to wrap up,

00:37:57.760 --> 00:37:59.159
I just wanted to know what are your thoughts

00:37:59.159 --> 00:38:02.949
on how, you know, us as students going you know

00:38:02.949 --> 00:38:05.250
graduates going into the into the job market

00:38:05.250 --> 00:38:09.030
can capitalise kind of let AI augment the way

00:38:09.030 --> 00:38:12.190
we work and what kind of where do you see it

00:38:12.190 --> 00:38:15.150
going and where do you think you know maybe a

00:38:15.150 --> 00:38:17.429
line should be drawn or a certain boundary or

00:38:17.429 --> 00:38:18.630
do you think there should be no boundaries at

00:38:18.630 --> 00:38:22.130
all like you know let as AI develops let it you

00:38:22.130 --> 00:38:24.929
know continually augment up the chain and maybe

00:38:24.929 --> 00:38:27.449
you know up the chain of legal work so maybe

00:38:27.449 --> 00:38:31.019
just that yeah that that's my question Yeah,

00:38:31.059 --> 00:38:35.679
I sort of run these workshops with some friends,

00:38:35.820 --> 00:38:39.880
sort of either teaching students or sometimes

00:38:39.880 --> 00:38:44.599
judiciaries on sort of usage of AI. And there's

00:38:44.599 --> 00:38:47.099
these sort of 20 to 30 principles that I always

00:38:47.099 --> 00:38:49.460
like to start with. And it's things like, you

00:38:49.460 --> 00:38:51.500
know, just start playing with it, right? Like

00:38:51.500 --> 00:38:54.840
a lot of like, we're actually in the minority.

00:38:54.900 --> 00:38:56.900
Like when you look at the world's population,

00:38:56.980 --> 00:38:58.969
I think some... report just came out it's like

00:38:58.969 --> 00:39:01.010
84 of the world's population have never used

00:39:01.010 --> 00:39:03.150
AI and then there's further categories of like

00:39:03.150 --> 00:39:06.989
um how much do you vibe code with it and um do

00:39:06.989 --> 00:39:08.550
you only use the free version instead of the

00:39:08.550 --> 00:39:11.789
premium version um have you used the deep research

00:39:11.789 --> 00:39:16.010
function um and also like you know things like

00:39:16.010 --> 00:39:19.389
don't not not just like try to prompt it or like

00:39:19.389 --> 00:39:21.190
prompt engineering but like just try to converse

00:39:21.190 --> 00:39:25.650
with it and um um understand your own tastes

00:39:25.650 --> 00:39:30.139
um and judgment It's as much understanding yourself

00:39:30.139 --> 00:39:32.219
through the process and learning how to develop

00:39:32.219 --> 00:39:34.480
better taste and judgment to better prompt and

00:39:34.480 --> 00:39:37.489
converse with AI. So things like that. But I

00:39:37.489 --> 00:39:39.510
think you're absolutely right. There's so many

00:39:39.510 --> 00:39:42.710
different tools upcoming. I think specifically

00:39:42.710 --> 00:39:46.210
the companies you've mentioned, they're all great

00:39:46.210 --> 00:39:49.409
companies. Some of them have like programs with

00:39:49.409 --> 00:39:52.210
scores as well. So law schools as well. And I

00:39:52.210 --> 00:39:54.030
definitely encourage people to just play with

00:39:54.030 --> 00:39:56.329
it instead of like, do we have these preconceived

00:39:56.329 --> 00:40:00.860
notions? but also like the hot take would be

00:40:00.860 --> 00:40:05.119
what is their mode right like we saw uh Claude

00:40:05.119 --> 00:40:08.159
co -work and code having these legal plugins

00:40:08.159 --> 00:40:11.260
a few weeks ago and that caused a couple billion

00:40:11.260 --> 00:40:13.579
dollars wiped out from the market the so -called

00:40:13.579 --> 00:40:18.409
sas apocalyptic like how easy it is for us with

00:40:18.409 --> 00:40:20.670
minimal background in coding to just vibe code

00:40:20.670 --> 00:40:24.869
a new app that's similar to the AI legal companies

00:40:24.869 --> 00:40:27.010
that you mentioned, right? Or that's similar

00:40:27.010 --> 00:40:29.949
to the particular use cases you have in a law

00:40:29.949 --> 00:40:33.250
firm. And we see this upcoming new generation

00:40:33.250 --> 00:40:36.530
of lawyers who are somewhat familiar with vibe

00:40:36.530 --> 00:40:39.550
coding and they're very useful in law firms not

00:40:39.550 --> 00:40:42.269
only because they can vibe code specific applications

00:40:42.269 --> 00:40:45.570
in the law firm using enterprise version that

00:40:45.570 --> 00:40:50.449
are safe and have data protection privacy protections

00:40:50.449 --> 00:40:54.469
but also they can teach the senior lawyers who

00:40:54.469 --> 00:40:57.440
frankly don't have much time in learning about

00:40:57.440 --> 00:40:59.400
these tools, but who would love to know how this

00:40:59.400 --> 00:41:02.820
impacts their bottom line. And so I think I would

00:41:02.820 --> 00:41:04.840
just encourage people to use it. And then, of

00:41:04.840 --> 00:41:08.260
course, once you start using it, there's so much

00:41:08.260 --> 00:41:12.239
just nuance and so much exciting developments

00:41:12.239 --> 00:41:16.139
that you can keep track of. And it's always,

00:41:16.219 --> 00:41:23.389
I think, important to um use it but also be critical

00:41:23.389 --> 00:41:26.829
of it so having that balance of you know um not

00:41:26.829 --> 00:41:29.150
outsourcing all of your thinking and retaining

00:41:29.150 --> 00:41:31.250
the essential legal tools that you have and work

00:41:31.250 --> 00:41:35.389
um in augmentation um to deliver value right

00:41:35.389 --> 00:41:37.650
and then the other thing is like there's the

00:41:37.650 --> 00:41:40.769
AI and then there's the human part which um there's

00:41:40.769 --> 00:41:43.170
a book called AI Mirror which talks about you

00:41:43.170 --> 00:41:45.789
know it's great you know that AI supercharges

00:41:45.789 --> 00:41:48.670
us but also it's a mirror for us to understand

00:41:48.670 --> 00:41:53.360
um our faults and biases and how do we level

00:41:53.360 --> 00:41:55.840
up and, you know, work together better, right?

00:41:56.340 --> 00:42:00.059
Even as lawyers, we still work largely in silos.

00:42:00.199 --> 00:42:03.619
Like if you go into big law, you go into these

00:42:03.619 --> 00:42:05.300
systems where you have to check in a document

00:42:05.300 --> 00:42:07.639
and then check out. And then when you're using

00:42:07.639 --> 00:42:10.219
it, nobody else can work on it. Whereas like

00:42:10.219 --> 00:42:13.019
a lot of like CS people are using Google Drive

00:42:13.019 --> 00:42:15.300
or like collaborative methods of working, right?

00:42:15.360 --> 00:42:19.280
So the legal industry is changing. I think it's

00:42:19.280 --> 00:42:21.170
important. going to reflect on how do we use

00:42:21.170 --> 00:42:22.909
these tools the best and also reflect on how

00:42:22.909 --> 00:42:26.269
do we use AI to increase our human intelligence

00:42:26.269 --> 00:42:30.250
and wisdom the most thank you and maybe okay

00:42:30.250 --> 00:42:32.130
i know i said that was the last question but

00:42:32.130 --> 00:42:34.489
i think you just talked a little bit about like

00:42:34.489 --> 00:42:37.670
AI tech and just reminded me of this funny like

00:42:37.670 --> 00:42:39.849
video that i used to always see on like Instagram

00:42:39.849 --> 00:42:41.869
where it was this guy in the US i have no idea

00:42:41.869 --> 00:42:43.809
whether it's AI generated it looked quite

00:42:43.809 --> 00:42:46.920
legit but you can never tell basically yeah you

00:42:46.920 --> 00:42:49.199
can never tell but like basically it's a clip

00:42:49.199 --> 00:42:52.039
showing a judge in a US court I believe being

00:42:52.039 --> 00:42:55.039
very upset because this plaintiff basically you

00:42:55.039 --> 00:42:59.079
can imagine a litigant in person uses AI to generate

00:42:59.079 --> 00:43:01.980
an AI lawyer to give his submissions and he just

00:43:01.980 --> 00:43:04.000
plays it off this video and it's like you know

00:43:04.000 --> 00:43:05.619
it shows up on the screen in court and it's like

00:43:05.619 --> 00:43:08.739
you know if it may please the court and it's

00:43:08.739 --> 00:43:11.400
this AI guy talking and obviously she catches

00:43:11.400 --> 00:43:13.599
on and then she says like oh wait is this a record

00:43:13.599 --> 00:43:15.079
and then she you know she goes on to scold him

00:43:15.079 --> 00:43:18.719
and all that uh but i guess my point of asking

00:43:18.719 --> 00:43:22.099
that question is do you see AI actually serving

00:43:22.099 --> 00:43:24.059
that purpose like am i is it going to be a day

00:43:24.059 --> 00:43:26.340
when i just you know plug in a bunch of submissions

00:43:26.340 --> 00:43:28.599
to this AI model and it's just going to generate

00:43:28.599 --> 00:43:30.800
me in court and it's just going to be able to

00:43:30.800 --> 00:43:33.320
deliver my oral submissions and i wouldn't re

00:43:33.320 --> 00:43:35.300
you know it's not good it's going to kind of

00:43:35.300 --> 00:43:37.300
take over that that role because i think a lot

00:43:37.300 --> 00:43:39.260
of us believe that you know we're going to use

00:43:39.260 --> 00:43:41.719
AI and drafting first drafts all that kind of

00:43:41.719 --> 00:43:44.159
stuff in terms of researching processing but

00:43:44.159 --> 00:43:46.369
we don't I think a lot of us lawyers would like

00:43:46.369 --> 00:43:48.769
to believe that we still have a job because the

00:43:48.769 --> 00:43:50.849
oral bit, the stuff when we're doing negotiations

00:43:50.849 --> 00:43:55.110
for terms in an agreement or terms in an acquisition

00:43:55.110 --> 00:43:58.530
agreement or even in terms of speaking in court,

00:43:58.610 --> 00:44:00.570
giving oral submissions, that's something AI

00:44:00.570 --> 00:44:03.989
is not going to replace us in. Do you think that's

00:44:03.989 --> 00:44:07.010
true or do you think it might just enter that

00:44:07.010 --> 00:44:08.929
area and we're just going to have to accept it?

00:44:10.090 --> 00:44:14.349
I think the short answer is read my article with

00:44:14.349 --> 00:44:17.750
Professor Reyes in the AI and Private Law handbook

00:44:17.750 --> 00:44:20.250
on AI and commercial dispute resolution, where

00:44:20.250 --> 00:44:22.909
we discussed this. But the long answer is, I

00:44:22.909 --> 00:44:26.250
think one possible scenario future is there's

00:44:26.250 --> 00:44:31.429
going to be multiple options for plaintiffs,

00:44:31.469 --> 00:44:37.110
litigants to choose from, both in terms of how

00:44:37.110 --> 00:44:40.570
much of AI will be used in the court and how

00:44:40.570 --> 00:44:43.170
much of AI will be used by judges and in the

00:44:43.170 --> 00:44:46.530
submission process. In some parts, also influenced

00:44:46.530 --> 00:44:48.829
by these private markets and arbitration and

00:44:48.829 --> 00:44:51.670
mediation, where there's a massive push for these

00:44:51.670 --> 00:44:55.849
different user -consented mechanisms. And as

00:44:55.849 --> 00:44:58.809
long as the user is fine with it, and it delivers

00:44:58.809 --> 00:45:04.699
justice. in a faster, much cheaper form in a

00:45:04.699 --> 00:45:08.219
way that's better for them, better suited, then

00:45:08.219 --> 00:45:10.159
perhaps that's one way to go. And another form

00:45:10.159 --> 00:45:13.599
is perhaps you can have these first layer AI

00:45:13.599 --> 00:45:18.500
-assisted or AI, fully AI judges, and then you

00:45:18.500 --> 00:45:22.500
have a human layer of review. if you want, and

00:45:22.500 --> 00:45:24.780
that's more expensive. And I think last I heard,

00:45:24.800 --> 00:45:26.679
and anecdotally, this has already been implemented

00:45:26.679 --> 00:45:28.900
in some Middle Eastern, I think, Abu Dhabi courts,

00:45:29.139 --> 00:45:32.980
right? But I think that you have to look at it

00:45:32.980 --> 00:45:35.619
more holistically, or at least that's how I think

00:45:35.619 --> 00:45:39.159
about it, which is, like, in some jurisdictions,

00:45:39.260 --> 00:45:41.719
it's been said, like, you know, the waiting time

00:45:41.719 --> 00:45:46.869
for courts is 3 to 4 years, right? courts like judges

00:45:46.869 --> 00:45:49.469
are systematically overwhelmed this is not just

00:45:49.469 --> 00:45:51.730
unique to one jurisdiction this is a lot of jurisdictions

00:45:51.730 --> 00:45:54.929
and that's why partly the the push for arbitration

00:45:54.929 --> 00:45:57.510
mediation which also now has like procedural

00:45:57.510 --> 00:46:02.750
burdens but um we are seeing um people use these

00:46:02.750 --> 00:46:06.809
tools more uh creatively um both for judges and

00:46:06.809 --> 00:46:10.250
litigants and i think um how to use it in a responsible

00:46:10.250 --> 00:46:13.630
way um is is a big issue right um so there are

00:46:13.630 --> 00:46:16.389
multiple guidelines by judiciaries and um by

00:46:16.389 --> 00:46:19.750
arbitration institutions on how to use this but

00:46:19.750 --> 00:46:22.849
the the second component that you're saying which

00:46:22.849 --> 00:46:25.429
is the super interesting part is what what does

00:46:25.429 --> 00:46:28.710
this mean for for us students and lawyers um

00:46:28.710 --> 00:46:30.949
that are coming into this world right and what

00:46:30.949 --> 00:46:33.489
are the tools um what are the skills that we

00:46:33.489 --> 00:46:36.829
should be using i under the paradigm that i've

00:46:36.829 --> 00:46:41.099
discussed i'm not sure if even just saying i'm

00:46:41.099 --> 00:46:42.860
only going to do my oral advocacy and then all

00:46:42.860 --> 00:46:44.659
the written advocacy is going to be done by AI

00:46:44.659 --> 00:46:48.159
is is true right um it's a fast changing world

00:46:48.159 --> 00:46:51.219
where just a few years ago people would say AI

00:46:51.219 --> 00:46:54.119
is very good at you know analytical and intelligence

00:46:54.119 --> 00:47:00.469
and then um well the um and there's a differential

00:47:00.469 --> 00:47:04.829
the premium is on things like EQ and collaboration

00:47:04.829 --> 00:47:08.050
and how to work with clients and talking with

00:47:08.050 --> 00:47:11.389
clients because we're going to be the trust is

00:47:11.389 --> 00:47:13.449
going to be built by humans human relation where

00:47:13.449 --> 00:47:16.869
everyone sort of increasingly uses AIs i still

00:47:16.869 --> 00:47:19.570
think that's true but then you see papers like

00:47:19.570 --> 00:47:22.869
AI is super good at empathy it's more empathetic

00:47:22.869 --> 00:47:26.070
in its responses than doctors which is like understandable

00:47:26.070 --> 00:47:28.510
because the doctors are so overwhelmed in in

00:47:28.510 --> 00:47:33.070
hospitals right um and so um that there are these

00:47:33.070 --> 00:47:35.469
things like the heuristics that we have like

00:47:35.469 --> 00:47:38.010
of course like it's it's humans humans connection

00:47:38.010 --> 00:47:39.869
and all that which i think is still true and

00:47:39.869 --> 00:47:41.909
maybe it's a matter of waiting at the weight

00:47:41.909 --> 00:47:46.250
that we lean towards these things But I think

00:47:46.250 --> 00:47:48.210
it's just playing around these tools and following

00:47:48.210 --> 00:47:50.050
your passion. And if you think these things are

00:47:50.050 --> 00:47:54.389
very fun to play with, then go for it, right?

00:47:55.250 --> 00:47:58.690
Another way of thinking about it is what Professor

00:47:58.690 --> 00:48:03.730
Andrew from Stanford calls, you know, it's the

00:48:03.730 --> 00:48:07.980
overlap between the... the AI and your substantive

00:48:07.980 --> 00:48:10.659
expertise, that's going to reap the most value,

00:48:10.780 --> 00:48:12.000
right? You're very good at one thing and then

00:48:12.000 --> 00:48:13.699
you're very good at using AI and that's where

00:48:13.699 --> 00:48:15.780
the value comes from. And then there's other

00:48:15.780 --> 00:48:17.619
types of people where you're just very good at

00:48:17.619 --> 00:48:22.559
CS and AI and that's another category of people

00:48:22.559 --> 00:48:24.960
who will succeed. And then there's like maybe

00:48:24.960 --> 00:48:27.280
a third category of people who just know how

00:48:27.280 --> 00:48:30.559
to use AI to leverage the businesses and whatnot.

00:48:30.780 --> 00:48:33.840
So I think... It goes back to what we discussed.

00:48:33.920 --> 00:48:35.500
There's a lot of threats, but there's a lot of

00:48:35.500 --> 00:48:40.300
opportunities and navigating that as students,

00:48:40.360 --> 00:48:43.320
as lawyers requires a lot of wisdom and humility.

00:48:43.480 --> 00:48:46.780
And I think we'll just have to wait and see,

00:48:46.840 --> 00:48:49.440
but also call for action for a more responsible

00:48:49.440 --> 00:48:53.099
future. Thank you. Thank you so much, Adrian.

00:48:53.280 --> 00:48:55.820
And that wraps up our episode for today. So thank

00:48:55.820 --> 00:48:57.820
you, Adrian, for your time. And I look forward

00:48:57.820 --> 00:48:59.460
to having you on the podcast again in the future.

00:48:59.539 --> 00:49:01.559
Thank you so much. thank you thank you so much

00:49:01.559 --> 00:49:03.599
guys have a good one yep
