Bruce Schneier’s “AI and Democracy” talk at Capricon 44
Bruce Schneier talked at Capricon about fifteen ideas he had on AI that are forming up into a 2024 book. One thing he mentioned is that AI would make lawsuits much cheaper to launch and carry out, and multiplying the number of lawsuits would mean that courts would need to adopt AI adjudication to adapt to this. Bruce passed over this pretty quickly, but I think this will have early and pronounced effect on society.
It looks like legal work is a problem AI will be able to solve soon. That is, AII tools will be able to contribute effectively to the process of filing and carrying out lawsuits. This is not one problem, but a set of related problems that AI will soon be able to do effectively. Given a set of facts and objectives, an AI will be able to determine what type of lawsuit to file, write it up in the proper jargon and format suitable for submission, determine and write a response to opposing counsel motions, summarize and prioritize discovery material, etc. A lot of legal work is routine, repetitive, and very similar to previous cases. Really, a perfect problem for AI.
The immediate upshot is that a lawyer using AI tools will be able to do much more legal work, work faster, and lawsuits will be much cheaper to launch. The short-term impact is that the number of lawsuit filed will go up multiple-fold and this will crash the courts. Gum them up. Bring things to a standstill. US courts are operating at capacity already and can’t handle more cases.
There isn’t any way for courts to prevent this. The lawsuits will be filed by lawyers at established law firms. Lawyers will use AI as a tool, review AI written suggestions and briefs, and from the court’s perspective these lawsuits will look just like the existing lawsuits, there will just be many more of them.
In the long term, it will make sense for judges and the courts to adopt AI tools to accelerate their end of things, but this will require new laws. New laws means years of hearings, discussion, negotiation, etc. Government functions require deliberation and consideration before making big changes. And who will develop AI tools for courts? The market is smaller and more uncertain than the market of making these tools for private law firms. And judges are very conservative, notoriously slow to act, to react, to adopt new technology.
So AI-assisted lawyering will hit the courts at some point in the next few years, but it will take a decade or more for the courts to effectively react.