[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.]
The use of artificial intelligence in litigation has gotten a lot of criticism for hallucinations. That is why the article by Dorothy Atkins, Judge Applauds Attys’ ‘Very Awesome’ Use Of Google AI Bot – Law360 (Mar.14, 2024), is so interesting. Ms. Atkins wrote that:
A California federal judge told counsel Thursday it’s “very awesome” that their recently amended putative class action complaint alleging privacy violations against Google used Google’s own AI tool to argue that Google Analytics illegally scoops personal data from healthcare providers’ websites, but he doubted the viability of other pleadings. [emphasis added].
Dorothy Atkins, Judge Applauds Attys’ ‘Very Awesome’ Use Of Google AI Bot – Law360 (Mar.14, 2024).
Law360 reports that the case is “a sprawling consumer action accusing [Google] of using its advertising product, Google Analytics, to illicitly track, gather and monetize consumers’ private health data without their consent anytime they visit a healthcare provider’s website, through the use of a software cookie on a device.”
The article states that, after a prompt, “Google Bard responded with lengthy explanations of why Google Analytics should not be used by such healthcare providers due to privacy concerns, according to the complaint.”
Law360 reports:
The judge told class counsel, Jason Barnes of Simmons Hanly Conroy LLC, that including the AI tool’s response in the pleadings was “very awesome.”
“You must have had a lot of fun, when [you] saw the answer to the question,” Judge Chhabria said.
Dorothy Atkins, Judge Applauds Attys’ ‘Very Awesome’ Use Of Google AI Bot – Law360 (Mar.14, 2024).
Google “argued that there’s no evidence that Google Bard’s answers are correct, or that the AI tool can be considered reliable, because different prompts may provide different answers and even the same prompt may give different answers when asked repeatedly.” Id.
Thanks to Law360 for this interesting article.
