NCSC On the Horizon 2020

ON THE

HORIZON 2020

On the Horizon is a Knowledge and Information Services publication from the National Center for State Courts.

Š 2020 National Center for State Courts. Some Rights Reserved.

CONTENTS 20

04

THE 21ST CENTURY’S HORSELESS BUGGIES

WELCOME Topics | 5

OTH in Brief | 20 Always Innovating | 20 Privacy | 23

26

06

THE COURT OF THE FUTURE

THE PROSECUTION WOULD LIKE TO CALL SIRI TO THE STAND

OTH in Brief | 6 The Virtual AI Assistant | 6 The Rise of Social Robots | 8

OTH in Brief | 26 Impact on the Courts | 29

10

30

OTH in Brief | 10 Growing Market | 10 App Be Watching You | Assessing Responsibility Do You Own Your Data?

The Effect on the Courts

The Court of the Future | 30 The New Tombstone | 30 iGeneration and Generation Alpha | 31 21st Century Horseless Buggies | 31 The Prosecution Would Like | 31 to Call Siri to the Stand

THE NEW TOMBSTONE

OTH IN BRIEF

11 | 13 | 14 | 15

16

PREPARING FOR THE IGENERATION AND GENERATION ALPHA

OTH in Brief | 16 Generation Alpha | 19 iGeneration in the Courts | 19

32

ENDNOTES

The Court of the Future | 32 The New Tombstone | 34 iGeneration and Generation Alpha | 37 21st Century Horseless Buggies | 39 The Prosecution Would Like to Call Siri to the Stand | 41

WELCO W

e live in a rapidly evolving world.

Domestic and international events have the potential to impact the way courts operate and the role they play.

On the Horizon examines several potential influencers that may be five to ten years from having significant impact. By giving courts a look to the future and potential issues that may impact the courts, our goal is to give these issues some time and space for thought and proactivity. The beginning of each article includes a bulleted overview of the most important points. These overviews are also available together in an easy print appendix at the end of On the Horizon.

g

c

ME “

“Sharing knowledge occurs when people are genuinely interested in helping one another develop new capacities for action; it is about creating learning processes.”

”

Peter Senge

THIS YEAR’S TOPICS INCLUDE: Artificial intelligence working for the courts Emerging cybercrimes The iGeneration Trials and tribulations of new ways of transportation Artificial intelligence’s integration into everyday life

ON THE HORIZON

THE COURT OF THE FUTURE

T

he ever-evolving world of technology is rapidly changing the way we interact with the world around us. As many aspects of daily life move from the physical realm to the digital realm, the way we communicate and work is also changing. Along with the growth and development of new technology, we are likely to see an increased presence of social robots changing the way we communicate and who, or what, we communicate with. These areas may grow by leaps and bounds over the next decade, and the courts will need to respond to these changes.

The Virtual AI Assistant Before Alexa and Siri there was Bonzi and Clippy. Sure Bonzi was ad malware and Clippy had a tendency to pop up at the most inopportune time, but these were some of the early smart computers intended to help us navigate the virtual world. In October 2011, ten years after Clippy’s official retirement, the world was introduced to Siri.1

OTH IN BRIEF • Artificial intelligence, AI, has come a long way since Clippy or the early days of Siri but is still developing.

• AI has the potential to drastically change courthouse operations replacing humans in some cases and offering services previously unavailable in others.

• Estonia is experimenting with replacing judges with AI. • New Mexico is testing Clara, a virtual receptionist with a welcoming animated figure to interact with as she helps with directions, FAQs, and forms.

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• Social robots are being used more frequently in other countries.

• Social robots are common in Japan, where they act as assistants taking care of the ill, working security, and handling housekeeping tasks.

• Researchers are working on teaching social robots to detect emotion and express empathy.

• AI assistants or social robots have the potential to increase access to justice.

YouTube

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2020 Only four months later, over 60 percent of iPhone 4S users were using Siri several times a week.2 Ten months after Siri was announced, Scientific American told us to forgive Siri’s still developing voice technology and marvel in her assistant capabilities; Siri was the future.3 Author David Pogue was right. While people were hesitant talking to a robot when Siri first introduced herself, by 2018 research showed people were comfortable revealing personal information to robots, so long as the robot was cute and unimposing.4 The market has already responded to the shift in attitude; manufacturers are focused on developing AI specifically for the purpose of legal transcription.5

judge may not satisfy this need. Whether people would still have faith in the system and feel as though the government cares and is listening to them if human judges are replaced with AI remains to be seen.

In the United States AI is still sparce in government applications, but in Estonia AI is replacing government workers and even judges.6 In theory, by delegating menial tasks to robots, employees can focus on more meaningful work. A robot judge may seem incapable of replicating the considerations made by human judges, however, Estonia plans to use robot judges to “[adjudicate] small claims disputes” to clear their dense backlog of cases.7 Replacing judges with AI is not without concern and has the potential to disrupt the justice system in major ways. Judges currently exercise a fair amount of discretion, meaning they take into consideration the circumstances and background of a case before making a final ruling. In contrast, robots are much more methodical and may not be able to provide the empathetic responses which we expect from human judges. Furthermore, artificial intelligence has been proven to replicate some of the worst qualities of human judgment, such as racism and sexism.8

New Mexico’s First Judicial District Court is taking steps to explore AI in the American courts.

They are keeping the judges but adding Clara, a virtual receptionist.9 Speaking four languages and described as having curly brown hair and warm brown eyes Clara’s goal is to make the courthouse less intimidating and more accessible. For now, Clara is limited to giving directions, answering frequently asked questions, and emailing forms, but there are big plans to expand Clara’s skills as well as her ability to interface with the court’s system.

While human beings are inherently imperfect, creating machines that replicate these negative stereotypes could be dangerous for our society. There is also the question of how the public will perceive nonhuman judges. The foundation of the U.S. justice system is based on the principle that the citizenry generally believe the courts to be fair, just, and impartial. Additionally, people like to have their day in court and feel as though they have been heard, a robot

Proponents of AI technology like Clara cite the range of possibilities for language and audio translation technology. Translating services such as Google Translate already use similar technology to translate hundreds of languages, making it easier for people to communicate and connect.10 However, there are concerns the current systems do not do enough to protect user privacy, and the potential for error created by AI systems is still too great.11

Santa Fe New Mexican

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ON THE HORIZON

The Rise of Social Robots The age is the Jetsons is some 42 years off.

Their promised flying cars may be even further down the horizon, but robots not all that dissimilar to Rosie, the Jetsons’ maid, are already here. These robots take the voice assistant AI a step further by interacting with the physical world. Our fascination with robots traces back to 1920 when Czech writer Karel Čapek first used the term.12 Seven years later the first humanoid robot, Herbert Televox, arrived.13 Herb could only pick up the phone but a hundred years after Čapek, robots have taken on many forms.

been deployed in several hospitals to assist with the crisis, providing virtual triage to sick patients.17 Though social robots are new and still evolving, there is already a growing dependence on this new form of technology.18 In the future social robots will likely be able to answer a myriad of different questions and will likely be capable of detecting different human emotions and comprehending empathy.19

YouTube

Social robots, or “digital, autonomous robots that are designed to independently interact and communicate with humans,” are already widely used in Japan and China.14 These robots function as virtual human assistants who help to check people in at airports, take care of the elderly and sick in nursing homes and hospitals, reinforce existing security, and even perform housekeeping services.15 In the United States, social robots are being deployed to help police parks, present facts about diseases to patients, monitor department store aisles, and guide courthouse visitors.16 This type of assistance has become even more useful in the face of the COVID-19 epidemic. Robots have

There are many examples of social robots already in use. One such robot is named Pepper.

The Medical Futurist Team describes Pepper as charismatic, funny, and very helpful.20 Pepper can identify and respond to human emotions as well as an array of questions and is already being used in mobile phone stores and two hospitals functioning as a receptionist and information assistant.21 Pepper has some competition from Sophia, a highly complex robot with human-like looks, facial- and voice-recognition

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2020 software, and higher-level sophistication than the average AI machine.22 Like many other first-generation assistants, Pepper and Sophia have many technological and social hurdles to overcome, but their future models may change the way we interact with each other and the world around us.

In the future, every courthouse might be staffed with social robots available to answer questions about the building itself, specific litigation, or how to fill out basic paperwork. The robots may even be able to answer basic legal questions and help pro se litigants navigate presenting their case. These robots may be equipped with a diverse set of languages to increase accessibility and help more people connect with the justice system.

Whether confined to a screen or physically manifested, AI actors are being developed to assist humanity. Understanding the technology and society’s view on AI will go a long way in helping the courts make informed decisions on how and when to institute which types of the technology to best leverage their advantages for the judicial branch.

Hi, I’m your court-appointed translator.

OTH | 9

ON THE HORIZON

THE NEW TOMBSTONE:

Identifying the Cybercrime Schemes of the Digital Age Clanton Gang

T

he old Wild West saw the Earps battling crimes such as disorderly conduct, rustling, selling whiskey, and cheating at cards.23 The modern digital frontier is just as wild as the one the Clanton Gang once roamed, only criminals have greater access now than ever before. Much like the West of yore, the laws of the cyber world remain murky or untested— or simply do not yet exist. The now familiar hacking and phishing schemes are only the tip of the iceberg, and grow more sophisticated each day, only to be joined by a multitude of cyber-based crimes that have never been brought before the court. As society waits for the legislatures to catch up, the duty will fall upon the courts to apply justice within the existing framework. To do that, courts need to be familiar with this new frontier.

The Growing Market for Cybercrime

Two factors have hindered legislation from keeping pace with cybercrimes as they emerge. First, technology is evolving at a pace that far exceeds what legislatures can keep up with. Second, there is hesitance to regulate for fear of stifling innovation.24 This adds up to tension building from the increasingly interconnectedness of our world as the showdown at the O.K. Corral looms, only this time the corral is a court room and the six shooters are flurries of briefs and motions.

The tension stems from digital devices’ continued integration into our daily lives. In the United States, nearly 81 percent of adults own a smart phone, and 83 percent of people aged 13 and older use social media. As of 2018 more than a quarter of U.S. adults owned a smart speaker, and in 2019, 18 percent of those surveyed owned a video doorbell.25 More people connected online may mean new and expanded opportunities for cybercrime, with the costs of such crime projected to reach 7 percent of the global GDP by 2021.26 This means people will be seeking justice, and the courts need to be ready.

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OTH IN BRIEF • Cybercrime is predicted to reach 7 percent of the Global GDP by 2021 • In-home cameras are being accessed by criminals who are watching, and interacting with their victims, who in some instances are children. » Log-in details being sold on the dark web may be contributing to this problem.

• Popular apps are being used by foreign governments to collect information on U.S. citizens.

• Popular apps may be collecting protected information on children or give predators easier access to children.

• Smart devices in cars, including AI, Internet connectivity, and even radio frequencies, provide points of entry for criminals to take control of the vehicles.

• Social media influencers are using their children to gain fans and to tap into the eight-billion-dollar industry where children do not have the same protection as child actors. This is raising concerns from privacy to physical safety.

• Companies are trying to claim ownership of your online activity.

2020

Every Step You Take, Every Move You Make, App Be Watching You Criminals are smart, and they are using devices against consumers, no longer needing to rely on physical access to cause a broadening array of harm. People with Wi-Fi connected monitoring cameras are reporting their systems are being compromised, and are unsettled to discover hackers are able to watch live video streams of their homes.

Hackers are even toying with victims by speaking through the camera’s audio. One such hacker used a family’s Ring security camera to gain access to a child’s playroom, using the camera’s audio to scare the child by playing music and speaking with the child unbeknownst to the parents in the next room.27 With children already being targeted, it is easy to conclude these cameras could be used to usher in a new age of child pornography and sex crimes.

Adults could fall victim to similar uses of the cameras, with the technology adding new layers to domestic violence and stalking, giving offenders a whole new level of control to watch and harass victims without

being found out. Unsecured systems are not the only ones at risk. With many people reusing passwords, and compromised logins being sold on the dark web, an unregulated part of the Internet, a victim’s system access could be bought, sold, and used many times over before they ever learn of the violation.28 The rich resource that is personal data can be taken from anywhere and sold on the dark web; even professional virtual meeting platforms are not safe.29 A study done by Terbium Labs found that fraud guides, which describe in detail how to access and use personal information, are by far the most popular item sold on the dark-web markets.30 This type of privacy invasion is not limited to the stereotypical hacker; other nation states can be involved. Tech company Huawei, a maker of telecommunications equipment and seller of consumer electronics and smartphones, has been under U.S. government scrutiny for most of the last decade for privacy and espionage concerns related to the Chinese government.31 The issue came to a head in May 2019, when President Donald Trump signed an executive order barring U.S. firms from buying Huawei equipment, later extending the order in May 2020 and declaring a national emergency over the threat of privacy and national security.32

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ON THE HORIZON

Foreign government interference extends beyond foreign-made devices to foreign-based apps. We already know apps collect and sell data on users, and an unknown app poses the potential of containing a virus, but what happens when a seemingly legitimate app used by millions of people in the U.S. may be directed by a foreign nation state? This issue gained worldwide attention in the case of the popular app TikTok. Owned by the Chinese company ByteDance, TikTok is driven by AI technology and user data, using an algorithm to present directed content to its young users.33 ByteDance is suspected of partnering with Chinese authorities, aiding in the use of collected personal data to help monitor Chinese citizens.34 Experts are increasingly concerned with how the app interacts with Americans. In December 2019, the Pentagon issued a warning advising active-duty and civilian employees to delete TikTok from their phones and blocked the app from governmentissued devices. The U.S. Army banned TikTok from military personnel smartphones, telling those in ownership of devices to remove the app as a result of privacy concerns, as data collected by the app may be also in the hands of Chinese Communist Party officials.35 These issues are being tackled by the FBI, the Department of Defense, and other government authorities and will continue to be dealt with as apps like TikTok and bugged smart devices become a large part of our modern lives.36

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Likewise, Zoom, which rose to prominence during the coronavirus pandemic, also raised security concerns. The creator of Zoom holds dual U.S. and Chinese citizenship. That alone would not be enough to raise security concerns, but security experts began waving red flags when Zoom admitted U.S. and other based calls were being routed through China.37 This meant that a call that took place entirely within the U.S. was being sent through China. What made this concerning was Chinese law allows the Chinese government to demand the encryption keys from Zoom, giving China the ability to listen in on any of the Zoom calls.38 As a result, many governments and businesses, including the Pentagon, NASA, and the German Ministry of Foreign Affairs banned Zoom.

The U.K.’s National Cyber Security Centre ruled Zoom should only be used for public business, and the U.S. Senate advised against the use of Zoom for Senate business.39 Concerns over Zoom and TikTok also exist on a smaller scale. Both applications have raised concerns similar to those of home cameras. TikTok came under fire for drawing sexual predators to the app, as well as for being sued in 2019 for collecting personal information from kids under the age of 13 from the company’s other similar app, Musical.ly.40 Zoom was forced to defend the platform against “Zoom bombing,” in which outsiders gained access to meeting IDs, joining private meetings and creating disruption. Zoom also had to quickly update and rewrite parts of its privacy policy after it discovered that users were susceptible to access of personal information used by ad companies to target specific ads to users, in addition to easily accessed personal ID numbers and passwords, which Zoom bombers have taken advantage of.41 Additional legal questions were raised after police searched the home of a fifthgrader after a BB gun was spotted by another parent during a Zoom class, raising questions not only about privacy but also about whether the rules and regulations of the school grounds extend to the home during distance learning.42

2020

Assessing Responsibility When Sophisticated Computers Are Involved

Phones, personal computers, and cameras are not the only personal technology vulnerable to cybercriminals. Computerized display boards, radioenabled keys, self-driving functions, and touchless engines and brakes of self-driving cars have huge potential for hacking. One point of vulnerability is the entertainment computer system. Another is high-tech systems, such as Tesla’s advanced self-driving system. These high-tech systems, like Tesla’s infotainment or Ford’s SYNC, connect to and rely on cellular internet data to function, giving those with ill intent a potential access point into the vehicle.43 Vehicle voice command functions have also proven vulnerable to hacking.44 Even the smart key is vulnerable to criminals. A study done by the University of Birmingham found that cars with radio-enabled keys made by Toyota, Hyundai, and Kia may be vulnerable to hijacking due to a simple

encryption flaw.45 These radio-enabled keys allow for a hacker to use radio transmitters to gain access to the key fob, clone the encryption key with an RFID device, and disable the immobilizer, which prevents the car from starting without a key near it.46 With the future of high-tech cars just on the horizon, we may be looking at a boom in car hijacking without any physical intervention of a driver.47 In 2011 University of California researchers were able to disable a car’s brakes, change the speedometer reading, and lock doors by wirelessly connecting to the car’s diagnostic computer.48 Similar to cyber-jacking of automobiles, the potential to hack airplanes and hotel rooms, and any other system which uses the Internet or a communication system, is possible. The modulation in bank robberies is a great example of a crime that has mainly shifted online, as the number of “cyberheists” has surpassed the number of physical break-ins of banks.49 Capitalizing on the possibility of biometric authentication in our future, as well as Wi-Fi-enabled wearable technologies and internal medical implants, cybercriminals may be able to take advantage of these devices and use them against us. With the capabilities of such emerging advanced technologies, cybercriminals may be able to hack into personal devices to steal data, money, automobiles, or even use personal technology to threaten a person’s health and physical wellbeing by hacking a connected medical device, such as a Wi-Fi- or Bluetooth-connected pacemaker or insulin pump.50 The Internet of things allows criminals to be geographically separated from the location of the crime and will add a layer of complexity to civil and criminal cases. There will be battles over jurisdiction and venue.

Experts will be needed to explain the complexities of the crime or dispute. The possibility that a system was interfered with will be introduced to create reasonable doubt. Additional parties will be brought into the litigation as those possibly responsible for the vulnerability that allowed the access, adding to the complexity of the cases. All of this increases the time and the cost of trying these cases.

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ON THE HORIZON

Do You Own Your Data?

The debate over privacy rights almost always includes privacy in relation to social media, particularly when it comes to social media influencers (influencers). One type of influencer that is on the rise and likely to appear before the courts is the parental or family influencer. Sometimes called mommy bloggers, these influencers gain followers, another term for fans, by producing content that relates to parenthood or their families. It may be a tweet about ridiculous things their children say, an Instagram video of their child reenacting the latest scene from a popular show, a Facebook live stream of them trying to teach their child Common Core math during the pandemic, or a YouTube channel full of the parents pulling pranks on the kids, to name a few examples.

Influencers gain followers by sharing content people want; the more followers they have, the more advertising dollars and sponsored products they can command. This type of influencer requires constantly sharing sometimes very personal information about their kids or putting their kids in embarrassing or sometimes even harmful situations. Influencers who advertise products created a new form of product placement, making influencing a $6.5-8 billion dollar industry in 2019 and projected to grow to $15 billion by 2022.51 As this type of influencer has become more popular, questions and concerns have been raised not only about the children’s immediate health and safety but also about the long-term impacts.52 In one case, a mommy blogger faced backlash after she continued to include photos and descriptions of her children in her posts, after her child requested to be left out. She noted that her blog revolved around her children, and she would continue to include them despite her children’s wishes.53 Another more serious case saw a mother in Arizona arrested for child abuse after being accused of withholding food, water, and bathroom access from her children when they failed to follow

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directions for their YouTube content.54 In recent years the legal protections that safeguard traditional child actors were extended to reality TV participants, but those protections do not extend to child social media influencers or content producers, setting up the potential for a modern day Shirley Temple scenario.55 The issue of child influencers raises the question of who owns the rights to a child’s privacy.

Another concern is what becomes of the data we produce daily. Companies are mining and selling personal data, often without permission from users.

Clearview, an AI tech company, made headlines for culling images from social media to use for their AI platform, which identifies people for law enforcement and businesses without permission of the individual.

Hundreds of law enforcement agencies and a handful of companies have begun using Clearview’s facial recognition technology without much public scrutiny.

These systems are not subject to review and can have a lasting impact on those wrongly identified and detained, not to mention the possibility of weaponizing such technology.56 Images are not the only data companies are trying to capitalize on and profit from. Disney recently faced scrutiny for laying legal claim to anything using the hashtag #MayThe4th. May 4th has been turned into a holiday by fans of the Star Wars franchise, a play on the franchise’s popular phrase “May the Force be with you,” and a hashtag is a way to identify social media messages on a particular topic, the modern equivalent of subject headings on card catalog cards.

The holiday and hashtag were created by fans. On this year’s celebration of the Star Wars movie franchise on May 4th, Disney asked fans to share photos and messages on social media using the hashtag #MayThe4th, a hashtag created by fans well before Disney participated in the celebration. Disney then told fans that by using the hashtag they thereby agreed to the use of their message, their account name, and Disney’s terms of use. Fans were outraged, and legal experts agreed Disney was overreaching, but this is probably the first of many times people or organizations try to attach a legal right through people interacting with them on social media.57

2020

The Effect on the Courts The frontier has gone digital, and a new bevy of crimes has come along with it. Cybercrime will continue to change and develop with breakthroughs in our technological landscape. Every area of the law from copyright to murder and everything between and beyond will be touched. The continued integration of technology into our lives is unlikely to leave any crime without a technological component, and courts must understand how these technologies impact the pursuit of justice. This will require staying abreast of technology and how people use social media and being diligent in following the first-impression

cases as they appear not just across the country, but around the globe as novel issues are confronted.

As technology continues to expand into new areas, cases that have become commonplace and are now considered simple will shift to be more complex. Case management systems and caseload assessments will be needed to ensure resources and personnel are adequately available and distributed to handle these more complicated cases. There is also likely to be some confusion as to what justice looks like when the players are no longer clear, with the public looking to the courts to explain how justice works in this more complex world. There may also be a need to develop specialized courts dedicated to cybercrime to prevent complex technology-related cases from tying up the court system.58

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ON THE HORIZON

PREPARING FOR THE IGENERATION AND GENERATION ALPHA

P

rior to the iGeneration a generation spanned roughly 25 years, allowing employers a comfortably period of time to adjust to a new generation of employees with unique needs and expectations. However, the frequency of national events, spaced about a decade apart, coupled with rapid technological change, has sped up the rate at which a new generation is created. The Greatest Generation, now in dwindling numbers and long retired, spanned 1901-1924.59 The Silent Generation, also mostly retired, spans 1925-1942.

The bulk of the current workforce now consists of Baby Boomers (1943-1960), followed by Generation X (Gen X, 1961-1981), straddled by the Oregon Trail microgeneration occupying the late 1970s to early 1980s, caught between the technology that was the norm for the generations before and after them, and then Millennials (1982-2004).60 The iGeneration those born between 1995 and 2009, are just entering the workforce, and Generation Alpha, those born after 2010 will be hot on their tail. Each generation brings with them a unique set of issues, behaviors, and characteristics that differentiate them.61 Work place motivations are forged by the unique experiences of each generation. These experiences become defining traits that impact not only how the generation best performs, but also how they interact with the other generations.62 Knowing who the next generation is and what motivates them is important in obtaining and retaining employees. For GenX, this was establishing a work-life balance; for Millennials, work culture was the motivator.

If their current employer does not embrace technology, offer flexible schedules and time off, and provide training, mentoring, and feedback, the Millennial employee is willing to move on, a significant departure from the “you stay with a company until you earn your gold watch” attitude of previous generations.63 While employers continue to learn to manage Millennials and merge them with Gen X and Boomers, the iGeneration has come of age and is entering the workforce, raising the question, who is this new generation?

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OTH IN BRIEF • The iGeneration was born between 1995 and 2009.

• The events that define a generation influence their motivations and needs in the workplace.

• There are more people in the iGeneration than there are Boomers or Millennials.

• The iGeneration: » Born between 1995 and 2009. » Is tech based. They can find anything online and prefer video instruction. » Is more prone to anxiety and depression. » Has shorter attention spans. » Prefers collaborative teams to independent work. » Has less experience than the generations before them. » Lacks critical analysis skills.

• Generation Alpha: » Born after 2010. » Has always had a portable digital device. » Is creative but will lack critical reasoning skills. » Is unlikely to attend traditional universities.

2020 Making up one quarter of the population, there are more people in the iGeneration than there are Boomers or Millennials.64 GenZ, Zoomers, or the iGeneration are those born after 1995, who have grown up in the digital age and have never known a world without the Internet.65 Show them a card catalog and they will blink at you in confusion, but this generation can find almost anything on Google.

The iGeneration grew up during the Great Recession impacting their values, ideas on finances, and political opinions.66 The iGeneration is more tech based than the generations who came before them, closely follows geopolitical events, and is skilled at finding information.67 “Compared with 64% of adults overall, 81% of iGens identify money as a common stressor. They report experiencing stress/anxiety about national news events such as mass shootings (75% identify these shootings as a significant source of stress), increasing suicide rates, climate change, immigration separation and deportation, and sexual harassment.”68 Perhaps because of the financial, political, and societal disruptors that have occurred during their life time the iGeneration is generally more pessimistic, less confident, and less independent.69

This generation consumes information by switching between platforms and devices and prefer imagery to words.70 Their relationship with social media and technology has resulted in “underdeveloped social skills, a shorter attention span, and a greater expectation of quickness and convenience [as well as] higher rates of anxiety, depression, loneliness, and suicide.”71 The iGeneration’s teachers noticed the impact constant access to technology has had. Over 85 percent of teachers agree that the iGeneration student is easily distracted, a result of the on-demand technology always within reach.72 The teachers are not just imagining these differences; technology is changing the brains of the iGeneration from those who came before them. The human brain is malleable and somewhat subject to change based on environmental demands.73 Digital devices have been proven to neurocognitively alter the brain just through the repeated use of a smartphone’s touchscreen interface.74 In 2017 Hyung Suk Seo, M.D., professor of neuroradiology at Korea University in Seoul, South Korea, reported his findings that Internet and smartphone use was producing addiction chemicals in the brains of some of the tested teens.75 The offending neurotransmitter can cause in increased drowsiness and anxiety.76

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ON THE HORIZON Boomer generation of officers is described as strongly valuing organizational loyalty, GenX prefers to empower their juniors, Millennials do not mind change, and the iGeneration use digital networks to gain context and information but lack hands-on experience.81

Furthermore, studies have shown that disengaging from the real world in favor of the digital one results in the same cognitive decline as that experienced in association with age related reduction in engaging lifestyle.77 Children with more screen time have structural differences in the regions of the brain that support language and literacy skills including imagery, mental control, and self-regulation, raising questions as to whether there is a long-term neurodevelopmental risk.78 Research has also shown that digital readers absorb and remember less than those who read from a physical page and score lower on empathy.79 As such, employers cannot just expect the iGeneration to buckle down and behave like those who came before them; the iGeneration’s brain is actually different than their older co-workers. This also means that high-stress organizations, such as the court system, may need to increase their wellness programs and commitment to the mental health and wellbeing of their employees to meet the needs of the depression- and anxiety-prone iGeneration.

In fact, more of the iGeneration are “graduating high school without ever having held a job, dated, had sex, or tried alcohol� and are learning to drive a car later than the Millennials did.82 As an effective leader must not understand only their own personality, but the personalities of those they oversee, it is important for court leaders to understand the context in which the iGeneration learns.83 The iGeneration is inherently comfortable with reading, watching, and interacting in an online environment and are particularly skilled at finding any information they need online.84 The iGeneration has a good work ethic, but fears making mistakes.85 They learn best by observing, researching, and collaborating and are more receptive to being mentored than being ordered.86 This is due in part to a preference to brainstorm ideas, consider a problem from multiple perspectives, and then obtain consensus on the best solution.87 However, this generation tends to lack critical analysis skills.88 As such, courts would be wise to anticipate ways to develop critical analysis skills among their new iGeneration employees by encouraging them to critically think and write.89 New hires should also be assigned or encouraged to find a mentor. Establishing teams for iGeneration employees to collaborate with may yield the best work results.

The military provides a unique opportunity to examine the different generational perspectives. The military currently has four generations of officers: Boomers, GenX, Millennials, and the iGeneration. These generations each have their own perspectives shaped by their generation-specific experiences.80 These differences can lead to conflict. In terms of the Army, the Optometry Divas

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2020

Generation Alpha: Younger and the tech hungriest generation yet

Having always had smart tools in their hand, Generation Alpha’s minds will be structured differently, being more akin to AI robots and quantum computers than conventional human reasoning.97 Because of their reliance on technology for all aspects of their lives, Generation Alpha will be better at “assimilating a compilation of different types of information from watching one single video compared to a Millennial.”98

iGeneration in the Courts

Closely on the iGeneration’s heels is Generation Alpha—those born after 2010.90 They have always had a digital portable device, being born the same year the first iPad was launched, and “are less proficient in practical skills, assessing and approaching risk and setting and achieving goals.”91 Generation Alpha is more global and creative but somewhat lacking in critical reasoning skills.92 They prefer watching a video to reading an article.93 The Alpha Generation is predicted to be the most formally educated generation, but they will not be attending a traditional university.94 Gen Alpha will be less inclined to pursue general education college degrees, or a college degree at all.95 Emboldened by the tech startup founders who did not pursue or complete college educations, Generation Alpha will seek a much more custom education than traditional college degrees provide.96 As such, minimum degree requirements and the use of AI to weed out applicants based on how closely they meet these degree requirements may further reduce an already limited applicant pool for court employee positions.

Thus, applicant screening pools or job requirements may need to be retooled to ensure otherwise qualified applicants are not being excluded.

The coronavirus is forcing the courts to rapidly shift how they interact with their workforce, taking the courts virtual. Although the iGeneration is new to the workforce, they may be particularly adept at helping the court adopt and thrive in this new norm. As courts bring on the iGeneration they should anticipate areas of likely conflict. The high stress and vicarious trauma that often occurs in courts is likely to be felt acutely by this generation. Additionally, courts are notoriously slow to adopt technological changes. This is likely to result in frustration for both the iGeneration who may see the court’s practices and procedures as being archaic and updating at an excruciatingly glacial pace, whereas the older generations may bristle at pressure from these new employees to institute procedures and technologies that do not have a long history of reliably working for the courts. The iGeneration is also more likely to want to work as a team, sometimes through technologies that are foreign to current court employees. This may frustrate those who work more independently or are irritated by the need to add these technologies into their daily routine. The courts should anticipate contending with two generations demanding a more flexible work environment. This will include push back against the concepts of required work hours and in office locations in favor of flexibility so long as deadlines are met. The iGeneration is here. Is your court ready?

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ON THE HORIZON

THE 21 CENTURY’S HORSELESS BUGGIES ST

How New Ways of Getting Around Change Society

OTH IN BRIEF • Each time a new mode of transportation has been introduced and becomes popular, there have been battles on how to share the roads and walkways with the existing transportation.

• Dedicated lanes by transportation time may alleviate some of the conflict.

• Artificial intelligence, AI, is piloting everything from drones to delivery robots and cars.

Online Bicycle Museum

Always Innovating

T

he first wheel and the first time a horse was ridden both occurred sometime around 3500 B.C.99 By the late 1800s Britain had one horse for every ten people, America had one horse for every four people, and Australia had one horse for every two people.100 As the century wore on, new methods of travel began to emerge. With travel by car resulting in only 20 fatalities per terameter (1,000,000,000,000 meters), compared to the 180 fatalities per terameter for horseback riding, maybe it was no surprise that horses and horse-drawn vehicles found themselves banned from streets where cars were now free to roam, especially as the cost to own and operate a vehicle dropped below the cost of the equine models.101

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• AI is still buggy and can cause confusion or put people at risk when the AI tries to interact with the real world.

• Human jobs will be displaced by AI vehicles, this will change the types of crimes seen.

• AI vehicles rely on cameras to operate, creating a wide surveillance network and raising privacy concerns.

2020 But before the car took over, another mode of transportation demanded some attention. On June 6, 1842, Kirkpatrick MacMillan, the gentleman son of a blacksmith and inventor of the modern pedal driven bicycle, mounted his geared dandy horse and set out for Glasgow, Scotland.102 Two days later, MacMillan reached Glasgow, where, upon maneuvering his bicycle through a crowd on the pavement, MacMillan was involved in the first bike accident.103 Sixty years later in 1901, “the first modern car in all essentials,” the Mercedes, had yet to turn its first corner when two modes of transportation once again faced off.104 On the streets of New York City, Henry Wells, behind his horseless wagon, came head to head with bicyclist Ebeling Thomas. This time the bicyclist was the loser, and Thomas was left with a broken leg.105 These early battles resulted in disputes over access, right of way, and liability for damages, disputes that were often settled in court. Over the decades these disputes settled into well-worn routines with predictable outcomes and fault established by the numerous similar cases that came before them, but technology is interrupting those precedents.

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New vehicles are once again being introduced to streets and sidewalks, changing the way traffic flows in cities and bustling suburban areas. One of the early advances as we moved into this new age of vehicles and getting around was the Segway, a two wheeled, self-propelled machine proposed as an

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innovative way to avoid street traffic and the difficulty of finding a parking spot. While Segway struggled to gain traction with individuals, it has effectively been integrated into the tour industry.

The Segway is not the only advance in biwheeled transportation. Electric scooters, like those manufactured by Lime, Bird, Uber, and Lyft, have been taking over metropolitan areas across the world. A Baltimore newspaper called a new mode of transportation “a curious two-wheeled device... which is propelled by jackasses” while a New Haven, Connecticut, newspaper encouraged people to “seize, break, destroy, or convert to their own use as good prize, all such machines found running on the sidewalks.”106 Those Baltimore and New Haven newspaper articles are from over a hundred years ago when people were decrying the swarm of bicycles invading their towns.107 This same sentiment has been expressed about electric scooters.

Although these vehicles are easy to access and ride, they have created many obstacles for both cars and pedestrians. Scooters are meant to be parked on sidewalks where people can easily find them, but this can be problematic for pedestrians when pathways are overcrowded. Some cities banned rental scooters entirely because they are so controversial.108 They take up space, disrupt the regular flow of traffic, and are difficult to regulate. Just as they did with MacMillan in the first days of the bike, courts are being called upon to step in and resolve disputes.

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ON THE HORIZON New lanes, regulations, and legislation will take time, but self-driving cars are already being tested on the roadways, drones are delivering medical supplies by night, and grocery robots are approved to hit the streets in Houston.109 In other cities autonomous delivery vehicles have been fighting pedestrians for sidewalk space or elbowing their way into FAA-controlled airspace.110

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In the U.S. and abroad, as new modes of transportation were developed and adopted authorities were forced to grapple with a way for multiple modes of transportation to coexist. One solution was the advent of a designated lane for bikes, a sidewalk for pedestrians, driving lanes for cars, HOV and HOT lanes, and even lanes specifically designated for commuters who take the bus. Another way was to limit the area types of transport are permitted to operate within, such as prohibiting commercial trucks on some roads or banning bicycles on superhighways. Horses are limited to certain streets and roadways as appropriate for that community. Electric scooters, bicycles, and walking are banned on super-highways. Electric scooters and bike-share programs are further limited to certain regions within cities. Or where various modes of transportation are permitted to share a roadway, rules define permissible behavior for each mode of transportation. Pedestrians have right of way in a roadway, but only when crossing at a crosswalk with the light. Bicycles traveling outside of bicycle lanes must obey the rules of the road as established for cars. One hurdle for autonomous vehicles is determining how can they coexist with existing modes of transportation. If automated vehicles become more mainstream municipalities may need to consider a new AI only lane, which permits the vehicles to operate without interference from humancontrolled modes of transportation.

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The coronavirus is giving us a glimpse into how autonomous vehicles may be integrated into our everyday lives. As U.S. cities have implemented stay-at-home orders, autonomous vehicles stepped in to transport groceries and medical supplies in a sanitary, contact-free manner, and were even rolled out to help medical personnel. In Los Angeles people could have their Chick-fil-a craving satisfied without ever leaving the house.111 In China, autonomous vehicles were used to deliver food and medical supplies to infected areas without risking human exposure.112 The quick switch to the new mode of transport revealed some of the hurdles still present with the technology.

AI vehicles require complex mapping and video systems to function, but this software is prone to making mistakes. AI is often used to transport humans and products, but it relies on preestablished maps to do so. Unfortunately, maps are not always correct, and this could cause all kinds of issues for consumers. Without direct human involvement it may be difficult or even impossible to correct AI gone awry in real time. For example, one woman found out

2020 that her home address showed up as two different locations on Google maps.113 This created problems for her Uber rides, deliveries, and even friends and family. Or that Chick-fil-a autonomous delivery pod, it glitched, causing one hungry California to chase his chicken for half an hour before finally conceding defeat.114 Imagine a scenario where a machine or series of machines are solely responsible for ensuring a delivery reaches its destination without the aid or oversight of a human. What happens if medical supplies never make it to their intended destination or if an autonomous vehicle brings a litigant or witness to the wrong address across town, causing them to miss a hearing? Is the passenger to blame or will the court hold the AI vehicle in contempt, giving it personhood and barring it from accepting rides to the court?

Integrating AI transportation into our lives has impacts that reach far beyond the roadway.

With the introduction of autonomous vehicles comes the replacement of many human jobs. If cars become fully driverless, then taxi, Uber, and Lyft drivers become obsolete. Similarly, over two million people who are employed in the truck transportation industry may lose their jobs.115 City and school bus drivers potentially could be replaced as well as train conductors, subway operators, and others. In time, the public could come to prefer a robot pilot over a human one.116 Replacing people with machines does have its benefits. For one is the cost of supporting a human employee over the course of a year. Another is that humans have a certain number of hours they can work a day. People are also subject to unexpected interruptions in the workplace. They could abruptly leave a position, get sick, or need to attend to a child; there is also the cost of training, salary costs, and human error. Machines, on the other hand, have predictable hours of functionality that on a daily basis exceeds those of humans and are generally thought to be above human error. While they are costly now, that cost could go down as the technology becomes more abundant; however, as the Boeing 737 Max autopilot failures demonstrated, machines are not immune from unanticipated failure.117

The transition from human to AI is characterized by some as a new industrial revolution.

As history teaches us, industrial revolutions change the type and number of jobs available as machines take over jobs from people. There is debate about whether this brings an increase in crime. One area where historians agree is that the types of crimes change. During the late 1800s industrial revolution in Britain, as people moved to the cities, trains started crisscrossing the nation, goods were stored in abundance, fortunes were made and lost, and new workforce and standards were set. New crimes and criminal patterns emerged requiring the police, and the courts to determine how to protect, deter, and punish in the face of these new crimes.118 For example, today courts are well versed in dealing with hiring and employment discrimination litigation when it is perpetrated by humans, but what happens if machines are making the decisions?119

National Archives

Privacy in the Age of Autonomous Vehicles In addition to the challenges of dealing with unforeseen errors, drones, delivery robots, and other AI machinery present privacy concerns for pedestrians and property owners. This machinery relies on cameras to operate, but does not require consent from individuals who may not want their

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ON THE HORIZON comings and goings on the street or outside of their homes recorded.120 Similar technology is already in widespread use for home security, such as the Ring camera. When news broke that Amazon, owner of Ring, had partnered with hundreds of police departments across the country and encouraged individuals to report suspicious activity online via an app called Neighbors, people began to worry about privacy and civil liberties that may be abused by this system.121 Amazon has testified it will only release the video with the owner’s consent or by appropriate legal measures, but some police departments say Amazon has procedures in place to release the data without homeowner consent; Amazon denies this claim.122 Another concern is that the use of these cameras as a networked surveillance system can exacerbate racial profiling.123 This concerns has gained national attention after a young black man was killed in Georgia following reports of break-ins in the area and home-security-camera footage of an unidentified black man walking through a home under construction.124

potentially be used to fight or avoid crime, the data also have the potential to facilitate crime. For one, there will be massive amounts of data that will be difficult to regulate, hindering attempts to protect people. For another, the data is vulnerable to being hacked and used for blackmail against anyone from the average individual to heads of industry and state.

A common scheme today is to mass email people claiming to have video of them in compromising situations obtained by hacking their device’s camera.

A ransom is then demanded to prevent the release of the camera. Having a network of cameras watching people’s every move everywhere they go throughout the course of their day could make such scams easier for criminals to perpetrate. Furthermore, as was discovered with body cameras, more data creates a greater burden on all parties and the courts to try and review all possible camera angles. This will require additional resources for courts and public defenders.

NBC12 C-SPAN

While Ring cameras are fixed, the cameras on autonomous vehicle are mobile, creating the potential for a much broader surveillance network.

There is precedent for concern that autonomousvehicle-camera footage could find its way into court. Additionally, black-box cameras in cars have already been used by prosecutors as evidence in traffic accidents and criminal cases.125 This creates the potential to track a person’s every movement through the course of the day. While this data can

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Just like the introduction of cars in the late 1800s, the emergence of autonomous vehicles will bring a host of disputes that the courts will need to settle. Changes in the future of automation will result in privacy, economic, financial, environmental, and legal concerns, which will affect pedestrians, workers, homeowners, and more. Courts need to be aware of the effects that new transportation will have on many facets of society and prepared for the repercussions of any legal action from different groups that are impacted by this development.

2020

Paleofuture

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ON THE HORIZON

YOUR HONOR, THE PROSECUTION WOULD LIKE TO CALL SIRI TO THE STAND The infiltration of artificial intelligence into everyday life and its impact on the courts

OTH IN BRIEF • Toll passes, cellphones, and wearable technology collects a lot of information about their users, but they can be left behind or turned off.

I

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n the 1968 science fiction film 2001: A Space Odyssey, HAL 9000, a sentient computer, went from assisting a human spaceship crew to murdering them.126 As 2001 rolled around, there was a distinct lack of murderous space AI, but AI itself was no longer a thing of science fiction. More than a decade after the fictional space journey was to have occurred, AI took a significant leap with the introduction of the iPhone’s Siri assistant. Siri could run web searches, make phone calls, give directions, and tell jokes, all from the palm of your hand. Three years later, another AI assistant broke onto the scene, with a calming blue ring of light similar to HAL’s ominous red eye; the Amazon Alexa was here, along with the race to bring AI to as many consumers, businesses, and government products as possible.127 Unlike early forms of AI, which required the user to initiate searches, modern AI such as the Amazon Alexa, Apple’s Siri, Google Assistant, and Facebook’s Portal are always listening, bringing surveillance and data collection into the home environment.128 This creates a plethora of data that civil and criminal litigants are poised to battle over, and also raises questions on privacy and whether this data can be relied upon.

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• People are starting to use implanted smart devices, the size of a grain of rice, to open doors, pay at checkout, or log in to computers, increasing tracking potential but also creating new ways for criminals to potentially try and access these systems.

• AI is being added to cloud-based security systems to provide real-time searches for people. » This is touted as a major time saver for police. » There is concern about bias in the systems being used.

• AI is also being used with cameras to try and predict or influence behavior.

• Tools for manipulating AI and digital data are getting better at creating almost undetectable fakes called deep fakes. This will impact our ability to rely on video and audio evidence and impact the need for experts when such evidence is admitted.

2020

Increasing surveillance of everyday life has become an increasing norm over the last several decades as technology becomes more and more integrated into daily life. For over a decade, toll passes and cellphones have been able to reveal a person’s rough location—but advances are raising questions regarding expanding surveillance.129 During the COVID-19 pandemic, Australia took tracking a step further rolling out contact-tracing apps, a form of surveillance that uses your smartphone to alert others when someone they know has come in contact with the virus.130 Some apps have considered using GPS tracking and Bluetooth to locate and track where an infected person travelled, to then alert the people that were in their vicinity that they have come in contact with someone who has tested positive for the virus.

Although use of such apps is not mandatory in Australia, the use of this technology has provoked a global debate about privacy and surveillance.131

Smartphones already track volumes of daily data about location, conversation, and interests, but a relatively new technology is making this much more personal. Artificially intelligent microchip implants may be the enhanced biometric surveillance of the future. A few companies are offering devices like RFID implants to employees.

The RFID, radio frequency identification, is a ricesized microchip implanted under the skin that allows the implantee to carry out certain contactless operations like unlocking doors, transferring contact information, logging on to a computer, or making payments; eliminating the need to carry keys or money. 132 The smart devices and implantable chips are advertised as a convenience, freeing the user from the need to carry keys or a wallet. However, there is a concern the technology could evolve to monitor movements and behaviors, and has already proven vulnerable to malware.133 Personal devices or implants are not the only means of tracking being deployed. In Great Britain, CCTV cameras track thousands of people through sophisticated surveillance. There are an estimated 4.9 million cameras in use throughout Britain, monitoring shopping centers, music festivals, sports events, and political demonstrations.134 While the 24/7 surveillance via AI-powered devices is relatively new, tracking movement of the populace is not. The more advanced of these systems are using biometric records, such as fingerprints and facial images, to solve crimes, but now these methods can be integrated with AI surveillance systems, taking data from smart surveillance cameras to seek out a person’s face, a specific body part, or even fingerprints.135 Similarly, biometric data is being stored in the cloud, allowing AI to scan cloudbased surveillance footage to identify suspects real time.136 Ella is one AI system being developed for this purpose. IC Realtime, Ella’s developers, are developing algorithms for Ella to help her recognize language, animals, people wearing a certain color, and even car makes and models.137

NBC News

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ON THE HORIZON The facial-recognition software is also being combined with cellphone data to create robust profiles and predict behavior. In the case of retail stores, AI surveillance software uses security camera footage from inside digital signs and kiosks to measure the efficacy of advertisements and based on shopper behavior.138 Facial biometric data is being tested for to specifically target customers in stores, not only by using personal data on smartphones and devices, but by tracking a shopper’s movements, sending coupons and adverts when the shopper lingers before a product.139 Police are using this type of AI to try and predict where crime is likely to occur. With this in mind, companies are working on expanding these tools, despite the concern over privacy and inherent bias in these systems, to allow AI to detect when someone is acting suspicious, for example, flagging someone who buys bleach, a shovel , and trash bags, or someone who is seen nervously walking the same area over and over.140 In the next decade, programming could be made to analyze scenes, activities, and movements of people and objects, using larger data sets from companies like YouTube to help build the systems this type of AI depends on.141

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Proponents for the use of AI technology argue smart tools such as facial-recognition software could be used to search for specific images, such as “red shirt” or “baseball cap,” to find the person they are looking for, saving police time and taxpayers money.142 They argue this technology

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AI gives surveillance cameras a brain to match their camera eyes, letting them analyze video without needing humans to scan through data.143 They further assert these technologies help both police and victims by aiding in the apprehension of the suspect, making society safer.144 On the other hand, AI surveillance technology has been tested in recent years and has come under fire for discriminating against certain groups. In some instances, the algorithm of an AI system had trouble making a distinction between faces of people of color, which could lead to wrongful accusation and arrest.145 In 2016 the nonprofit newsroom ProPublica published an investigation on a machine learning program courts were using to predict the likelihood of recidivism. The study found that the risk assessment software rated black people as a higher risk of committing a repeat offense compared to whites.

When isolating the effect of race from criminal history and recidivism including the defendants’ age and gender, black defendants were still 77 percent more likely to be pegged as higher risk of committing a future violent crime.146 Because these technologies are created by humans who develop the algorithms, the machine has the potential to perpetuate biases and discrimination of the developers. These programs can also develop their own biases and stereotypes without programmers even noticing.147 Furthermore, the algorithms emphasize the problems related to personal freedom and the possible overreaching of such systems into our lives, with some feeling AI systems’ “all seeing eye” is inherently untrustworthy, especially when coupled with the potential for errors in not only the AI systems but also their algorithms.148 Critics also argue these systems create another large potential for cybercrime and hacking, as cybercriminals could possibly tamper with an algorithm, doctor video or audio, or wreak havoc on the systems we may come to rely on.149 Just as AI can be used to confirm identity, it can also be used to defeat biometric security by producing realistic fakes.150 During the summer of 2019, a clip went viral, which showed a clip of comedian Bill Hader doctored

2020 to make it appear as a clip of Tom Cruise, or this summer when the faces of all of the main characters from the TV show The Office were replaced with Arnold Schwarzenegger’s face and voice.151

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Another instance of doctored videos has appeared with the rise of online services such as Zoom as the coronavirus pandemic necessitates online meetings and learning. The site allows for users to change the background of their video or even appear as another person with another face during a meeting.152 The technology for the average person to generate sophisticated fakes is still new, but there may one day soon come a time where even experts will struggle to determine whether a video or audio clip has been doctored. With video evidence increasingly relied upon to exonerate, convict, or detain we must have public trust in the integrity and validity of the evidence.

display and retain evidence in their courthouse. The potential for widespread use of software-based surveillance systems in the community means we may become less reliant on eyewitness testimony, and more reliant on video and audio surveillance, or even internal data picked up by AI or biometric technology.

Additionally, experts will be needed to prove the data have not been altered or tampered with, which may prove difficult as the ability to create deep fakes continues to improve and becomes easier.

This will definitely increase the cost of justice while potentially limiting access to justice for those who cannot afford such experts. A more cost-effective and less confusing way of handling highly technical expert testimony and reports may involve changing the rules of the court for expert witnesses to a system similar to the one used in the Australian federal courts where a conference of experts is sometimes used. In Australia, the court can require that a group of experts meet in person or online to identify and address the issues of the evidence being disputed, facilitated by a court registrar.153 The result of the meeting is a report wherein the experts identify and narrow the issue and then agree, partly agree, or disagree on the issues discussed within the report.154 AI biometrics and security functions have the potential to bring sweeping changes to the way we live our lives.

Impact on the Courts The expansion of AI technology requires the courts to interpret new privacy expectation laws and rule on the constitutionality of such provisions. As AI-based and biometric surveillance advances and expands its reach, criminal and civil courts should expect to be faced with evidentiary and questions of law regarding the inclusion and limitation of this technology, as well as practical issues of how to

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ON THE HORIZON

ON THE HORIZON

in Brief

THE COURT OF THE FUTURE • Artificial intelligence, AI, has come a long way since Clippy or the early days of Siri but is still developing.

• AI has the potential to drastically change courthouse operations replacing humans in some cases and offering services previously unavailable in others.

• Estonia is experimenting with replacing judges with AI. • New Mexico is testing Clara, a virtual receptionist with a welcoming animated figure to interact with as she helps with directions, FAQs, and forms.

• Social robots are being used more frequently in other countries.

• Social robots are common in Japan, where they act as assistants taking care of the ill, working security, and handling housekeeping tasks.

• Researchers are working on teaching social robots to detect emotion and express empathy.

• AI assistants and social robots have the potential to increase access to justice.

THE NEW TOMBSTONE: IDENTIFYING THE CYBERCRIME SCHEMES OF THE DIGITAL AGE CLANTON GANG • Cybercrime is predicted to reach 7 percent of the Global GDP by 2021.

• In-home cameras are being accessed by criminals who are watching, and interacting with their victims, who in some instances are children. » Log-in details being sold on the dark web may be contributing to this problem.

• Popular apps are being used by foreign governments to collect information on U.S. citizens.

• Popular apps may be collecting protected information on children or give predators easier access to children.

• Smart devices in cars, including AI, Internet connectivity, and even radio frequencies, provide points of entry for criminals to take control of the vehicles.

• Social media influencers are using their children to gain fans and to tap into the eight-billion-dollar industry where children do not have the same protection as child actors. This is raising concerns from privacy to physical safety.

• Companies are trying to claim ownership of your online activity.

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2020

PREPARING FOR THE IGENERATION AND GENERATION ALPHA • The events that define a generation influence their motivations and needs in the workplace.

• There are more people in the iGeneration than there are Boomers or Millennials.

• The iGeneration: » Born between 1995 and 2009. » Is tech based. They can find anything online and prefer video instruction. » Is more prone to anxiety and depression. » Has shorter attention spans. » Prefers collaborative teams to independent work. » Has less experience than the generations before them. » Lacks critical analysis skills.

• Generation Alpha: » Born after 2010. » Has always had a portable digital device. » Is creative but will lack critical reasoning skills. » Is unlikely to attend traditional universities.

THE 21ST CENTURY’S HORSELESS BUGGIES: HOW NEW WAYS OF GETTING AROUND CHANGE SOCIETY • Each time a new mode of transportation has been introduced and becomes popular, there have been battles on how to share the roads and walkways with the existing transportation.

• Dedicated lanes by transportation time may alleviate some of the conflict.

• Artificial intelligence, AI, is piloting everything from drones to delivery robots and cars.

• AI is still buggy and can cause confusion or put people at risk when the AI tries to interact with the real world.

• Human jobs will be displaced by AI vehicles, this will change the types of crimes seen.

• AI vehicles rely on cameras to operate, creating a wide surveillance network and raising privacy concerns.

YOUR HONOR, THE PROSECUTION WOULD LIKE TO CALL SIRI TO THE STAND: THE INFILTRATION OF ARTIFICIAL INTELLIGENCE INTO EVERYDAY LIFE AND ITS IMPACT ON THE COURTS • Toll passes, cellphones, and wearable technology collects a lot of information about their users, but they can be left behind or turned off.

• People are starting to use implanted smart devices, the size of a grain of rice, to open doors, pay at checkout, or log in to computers, increasing tracking potential but also creating new ways for criminals to potentially try and access these systems.

• AI is being added to cloud-based security systems to provide real-time searches for people. » This is touted as a major time saver for police. » There is concern about bias in the systems being used.

• AI is also being used with cameras to try and predict or influence behavior.

• Tools for manipulating AI and digital data are getting better at creating almost undetectable fakes called deep fakes. This will impact our ability to rely on video and audio evidence and impact the need for experts when such evidence is admitted.

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ENDNOTES The Court of the Future Tom Warren, Microsoft resurrects Clippy and then brutally kills him off again, The Verge, (May 22, 2019), https://www.theverge.com/2019/3/22/18276923/microsoft-clippy-microsoft-teams-stickers-removal [https://perma.cc/ZHE7-RPVQ] .

1

Rebecca J. Rosen, Why Would Anyone Ever Use Siri? This Is Why, The Atlantic, Mar. 28, 2012, https://www. theatlantic.com/technology/archive/2012/03/why-would-anyone-ever-use-siri-this-is-why/255187/ [https://perma.cc/S2CE-FW9K].

2

David Pogue, Why Siri Is Still the Future, Scientific America, Aug. 1, 2012, https://www.scientificamerican. com/article/why-siri-is-still-future/ [https://perma.cc/S2CE-FW9K].

3

Rebecca J. Rosen, Why Would Anyone Ever Use Siri? This Is Why, The Atlantic, Mar. 28, 2012, https://www.theatlantic.com/technology/archive/2012/03/why-would-anyone-ever-usesiri-this-is-why/255187/ [https://perma.cc/8M2T-QFSC]; Laura Sydell, Sometimes We Feel More Comfortable Talking To A Robot, NPR, (Feb 24, 2018), https://www.npr.org/sections/ alltechconsidered/2018/02/24/583682556/sometimes-we-feel-more-comfortable-talking-to-a-robot [https://perma.cc/7U52-7HM9].

4

Daniel Faggella, AI for Speech Recognition and Transcription in Law and Legal, Emerj (2019), https:// emerj.com/ai-podcast-interviews/ai-for-speech-recognition-transcription-law-legal/ [https://perma. cc/99AW-DDTY].

5

Eric Niiler, Can AI Be a Fair Judge in Court? Estonia Thinks So, Wired, (Mar. 25, 2019), https://www.wired. com/story/can-ai-be-fair-judge-court-estonia-thinks-so/ [https://perma.cc/H3YY-PUBR].

6

7

Id.

Matt Burgess, Just like humans, artificial intelligence can be sexist and racist, Wired (Apr 13, 2017), https:// www.wired.co.uk/article/machine-learning-bias-prejudice [https://perma.cc/PS5F-MVXV].

8

Phaedra Haywood, New Mexico District Court Enlists Virtual Receptionist, GovTech, (Feb. 24, 2020), https://www.govtech.com/public-safety/New-Mexico-District-Court-Enlists-Virtual-Receptionist.html [https://perma.cc/DB3J-8C39].

9

Artificial Intelligence Trends to Watch in 2020, CBINSIGHTS , https://www.cbinsights.com/research/ report/ai-trends-2020/ [https://perma.cc/75YS-93RW].

10

Naveen Joshi, Biometrics is smart, but AI is smarter. Here’s why, Allerin (Apr 9, 2019), https://www.allerin. com/blog/biometrics-is-smart-but-ai-is-smarter-heres-why [https://perma.cc/VCE6-N69N].

11

A brief History of Robotics: The Origin of the First Humanoid Robot, Luca Robotics, https://www.lucarobotics. com/blog/first-humanoid-robot, [https://perma.cc/R3DN-KDPX].

12

13

Id.

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Ramesh Subramanian, Emergent AI, Social Robots and the Law: Security, Privacy and Policy Issues, Journal of International Technology and Information Management Vol. 26, Iss. 3, (2017), https://scholarworks.lib.csusb.edu/cgi/viewcontent.cgi?referer=https://www.google. com/&httpsredir=1&article=1327&context=jitim [https://perma.cc/253W-PTC3].

14

Bryan Lufkin, What the world can learn from Japan’s robots, BBC (Feb 6, 2020), https://www.bbc. com/worklife/article/20200205-what-the-world-can-learn-from-japans-robots [https://perma. cc/4962-Z349].

15

Alysia Thomas-Sam, Robots touted as answer for overwhelmed hospitals due to coronavirus, 9NOW (Mar. 2020), https://9now.nine.com.au/a-current-affair/coronavirus-robots-trialled-to-assist-duringcovid19-outbreak/db5305ab-d46e-4287-86e9-21fe3f382d20 [https://perma.cc/56B8-Y9YU]; The Best Social Robots, Humanoid Robots and Industrial Robots in the World Right Now, Luca Robotics (2019), https:// www.lucarobotics.com/blog/best-robots-in-the-world [https://perma.cc/F76F-VC3B].

16

Nick Statt, Boston Dynamics’ Spot robot is helping hospitals remotely treat coronavirus patients, The Verge (Apr 23, 2020), https://www.theverge.com/2020/4/23/21231855/boston-dynamics-spot-robot-covid19-coronavirus-telemedicine [https://perma.cc/PQT5-SQXR].

17

Patrick Lin, Relationships with Robots: Good or Bad for Humans?, Forbes (Feb 1, 2016), https:// www.forbes.com/sites/patricklin/2016/02/01/relationships-with-robots-good-or-bad-forhumans/#6ad4b0f07adc [https://perma.cc/UQ3D-9MXP].

18

Anna Bauman, Groceries And Gadgets: The Robots Coming To A Supermarket Near You, WBUR (Apr 11, 2019), https://www.wbur.org/onpoint/2019/04/11/grocery-store-robots-walmart-automation-workers [https://perma.cc/8DRG-9VAA]; Geoffrey Ling & Corinna Lathan, Social Robots Play Nicely with Others, Scientific American (July 1, 2019), https://www.scientificamerican.com/article/social-robots-play-nicelywith-others/ [https://perma.cc/9EEA-24FS].

19

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20

21

Id.

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22

OTH | 33

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23

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24

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25

Matthew Johnston, 10 Trends That Will Shape the Global Economy Over the Next Decade, Investopedia (updated Dec. 2, 2019), https://www.investopedia.com/the-10-trends-that-will-shape-the-globaleconomy-over-the-next-decade-4777822 [https://perma.cc/2MNA-2RBA].

26

Neil Vigdor, Somebody’s Watching: Hackers Breach Ring Home Security Cameras, N.Y. Times, Dec. 12, 2019, https://www.nytimes.com/2019/12/15/us/Hacked-ring-home-security-cameras.html [https://perma.cc/ EWW7-HJRA].

27

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28

Dan Patterson and Graham Kates, We Found Our Personal Data on the Dark Web. Is Yours There, Too?, CBS News, Mar. 25, 2019, https://www.cbsnews.com/news/we-found-our-personal-data-on-the-darkweb-is-yours-there-too/ [https://perma.cc/BE56-6VW3].

29

Shaun Nichols, Bad News: So Much of Your Personal Data Has Been Hacked that Lesson Manuals on How to Use It Are the Latest Hot Property, Register, Apr. 16, 2020, https://www.theregister.co.uk/2020/04/16/ cybercrimeby_fraud_lessons/? [https://perma.cc/N8AQ-M7XT].

30

Kate Fazzini, This Is Why There’s Been a Decade-long Disconnect Between Huawei and the US, and It’s Unlikely to Be Fixed Soon, CNBC, May 16, 2019, https://www.cnbc.com/2019/05/16/why-huaweisproblems-with-the-us-government-have-been-so-bad.html [https://perma.cc/BFB9-A6W9].

31

Sean Keane, Huawei Ban Timeline: Chinese Company’s CFO Loses Case to Dismiss Extradition to US, CNET, May 28, 2020, https://www.cnet.com/news/huawei-ban-full-timeline-us-restrictions-chinatrump-executive-order-cfo-security-threat-5g/ [https://perma.cc/4DYV-FZZZ]; Tucker Higgins, Trump Declares National Emergency over Threats Against US Technology amid Campaign Against Huawei, CNBC, May 15, 2020, https://www.cnbc.com/2019/05/15/trump-signs-executive-order-declaring-nationalemergency-over-threats-against-us-technology.html [https://perma.cc/LPS2-L5MQ].

32

34 | OTH

Ryan Holmes, Is TikTok a Time Bomb? Fast Company, Aug. 28, 2019, https://www.fastcompany. com/90395898/is-tiktok-a-time-bomb [https://perma.cc/UVC7-X4XQ].

33

Nick Frisch, We Should Worry About How China Uses Apps Like TikTok, N.Y. Times, May 2, 2019, https:// www.nytimes.com/interactive/2019/05/02/opinion/will-china-export-its-illiberal-innovation.html [https://perma.cc/9EP5-GVLG].

34

Neil Vigdor, U.S. Military Branches Block Access to TikTok App Amid Pentagon Warning, N.Y. Times, Jan. 4, 2020, https://www.nytimes.com/2020/01/04/us/tiktok-pentagon-military-ban.html [https://perma.cc/ TZJ6-NSJ4].

35

Colin Lecher and Russell Brandom, Is Huawei A Security Threat? Seven Experts Weigh In, Verge, Mar. 17, 2019, https://www.theverge.com/2019/3/17/18264283/huawei-security-threat-experts-china-spying5g [https://perma.cc/2PXP-65QA].

36

Thomas Brewster, Warning: Zoom Makes Encryption Keys in China (Sometimes), Forbes, Apr. 3, 2020, https://www.forbes.com/sites/thomasbrewster/2020/04/03/warning-zoom-sends-encryption-keysto-china-sometimes/#8dca0653fd94 [https://perma.cc/X6SD-VZBD].

37

Charlie Wood, Zoom Admits Calls Got “Mistakenly” Routed Through China, Business Insider, Apr. 6, 2020, https://www.businessinsider.com/china-zoom-data-2020-4 [https://perma.cc/EU7J-PB52].

38

Catalin Cimpanu, US Senate, German Government Tell Staff Not to Use Zoom, ZDNet, Apr. 9, 2020, https:// www.zdnet.com/article/us-senate-german-government-tell-staff-not-to-use-zoom/ [https://perma. cc/2QK3-5ZC8]; Brandon Vigliarolo, Who Has Banned Zoom? Google, NASA, and More, TechRepublic, Apr. 9, 2020, https://www.techrepublic.com/article/who-has-banned-zoom-google-nasa-and-more/ [https://perma.cc/4E9D-FX2R]; Kyle Perisic, Pentagon Bans Zoom over “Security Concerns” After Reports of App Routing Data Through China, Military News, Apr. 14, 2020, https://americanmilitarynews.com/2020/04/ pentagon-bans-zoom-over-security-concerns-after-reports-of-app-routing-data-through-china/ [https://perma.cc/67P6-CBDP]; Dan Sabbagh, UK Government Told Not to Use Zoom Because of China Fears, Guardian, Apr. 24, 2020, https://www.theguardian.com/uk-news/2020/apr/24/uk-governmenttold-not-to-use-zoom-because-of-china-fears [https://perma.cc/9BB3-387M].

39

40

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41

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42

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43

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45

OTH | 35

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Id.

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50

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51

52

Id.

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53

Elizabeth Chuck, Child Abuse Charges Against YouTube Channel’s Mom Underscore Lack of Oversight for Kids, NBC News, Mar. 21, 2019, https://www.nbcnews.com/news/us-news/child-abuse-chargesagainst-youtube-channel-s-mom-underscore-lack-n985526 [https://perma.cc/9DW7-77K3].

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56

Derrick Bryson Taylor, May the Fourth Be with Disney (Terms and Conditions Apply), N.Y. Times, Apr. 28, 2020, https://www.nytimes.com/2020/04/28/business/star-wars-may-the-fourth-disney.html [https:// perma.cc/XP8Y-8P4E].

57

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58

36 | OTH

Preparing for the iGeneration and Generation Alpha Clint Pumphrey, How the Greatest Generation Works, HowStuffWorks, https://people.howstuffworks. com/culture-traditions/generation-gaps/greatest-generation1.htm [https://perma.cc/UX37-3ZSU].

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60

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John Rampton, Different Motivations for Different Generations of Workers: Boomers, Gen X, Millennials, and Gen Z An honest day’s pay for an honest day’s work isn’t always the case., Inc., (Oct 17, 2017), https://www. inc.com/john-rampton/different-motivations-for-different-generations-of-workers-boomers-gen-xmillennials-gen-z.html [https://perma.cc/A2CP-AS2B].

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Corinne A. Coppinger, The iGeneration: New Consumers of Healthcare, Women’s Healthcare, Sept. 19, 2019, https://www.npwomenshealthcare.com/igeneration-new-consumers-of-healthcare/ [https:// perma.cc/SRS2-NF72].

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94

95

Id.

96

Id.

97

Id.

98

Id.

38 | OTH

The 21st Century’s Horseless Buggies: How New Ways of Getting Around Change Society

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108

Peter Holley, Walmart teams with Nuro’s robot cars to deliver groceries in Houston, The Wash. Post (Dec. 11, 2019), https://www.washingtonpost.com/technology/2019/12/11/walmart-teams-with-nuros-robotcars-deliver-groceries-houston/ [https://perma.cc/Y8H3-DME8]; Steve Dent, Nuro’s self-driving vehicle carries packages, not passengers, Engadget (Jan 30, 2018), https://www.engadget.com/2018-01-30nuro-self-driving-vans-packages-not-passengers.html [https://perma.cc/FFG2-R5FE].

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Mark McKenzie, Watch: A guy can’t catch up with Postmates robot delivering his food, iHeart Radio, (April 17, 2020), https://www.iheartradio.ca/89x/blogs/watch-a-guy-can-t-catch-up-with-the-postmatesrobot-delivering-his-food-1.12020893 [https://perma.cc/HQC9-4K4V].

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112

Amanda Ripley, What happens when Google Maps gets it wrong, The Wash. Post (Mar 9, 2020), https:// www.washingtonpost.com/opinions/what-happens-when-google-loses-your-address-you-ceaseto-exist/2020/03/09/b1885f28-622c-11ea-b3fc-7841686c5c57_story.html [https://perma.cc/7SXGK3MZ].

113

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115

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US Pilots Have Reported Issues With Boeing 737 Max, Courthouse News, (Mar. 13, 2019), https://www. courthousenews.com/%EF%BB%BFus-pilots-have-reported-issues-with-boeing-737-max/ [https:// perma.cc/37QJ-S8B4].

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Drew Harwell, Doorbell-camera firm Ring has partnered with 400 police forces, extending surveillance concerns, The Wash. Post, (Aug. 28, 2019), https://www.washingtonpost.com/technology/2019/08/28/ doorbell-camera-firm-ring-has-partnered-with-police-forces-extending-surveillancereach/?arc404=true [https://perma.cc/7J65-Q8RJ]; Kate Cox, Police can get your Ring doorbell footage without a warrant, report says, Ars Technica (Aug. 6, 2019), https://arstechnica.com/tech-policy/2019/08/ police-can-get-your-ring-doorbell-footage-without-a-warrant-report-says/ [https://perma.cc/F63YHL6K].

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125

40 | OTH

Your Honor, the Prosecution Would Like to Call Siri to the Stand: The infiltration of artificial

intelligence into everyday life and its impact on the courts

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