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In its current state, generative AI (GAI) is a promising and useful legal tool — but it's flawed. It's a powerful tool for promoting creativity and productivity in legal work, yet it's weak in the accuracy department, is riddled with bias and poses a serious threat when it comes to privacy, cybersecurity, and liability.
So how do you implement it as a useful business tool knowing that there are definite challenges? One of the largest is that GAI confidently spits out false, stilted, repetitive information that is often inaccurately sourced (or the sources are completely made up) yet reads plausibly. In fact, all AI systems — from large language models (LLM) to neural networks –– currently provide biased outputs, because they're fed an inherently biased set of data reflective of a biased, discriminatory world.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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