New Homework Added to the TAR Course and a New Video Added to AI-Ethics

September 3, 2017

We have added a homework assignment to Class Sixteen of the TAR Course. This is the next to last class in the course. Here we cover the eighth step of our eight-step routine, Phased Production. I share the full homework assignment below for those not yet familiar with our instructional methods, especially our take on homework. Learning is or should be a life-long process.

But before we get to that I want to share the new video added to the AI-Ethics.com web at the end of the Intro/Mission page. Here I articulate the opinion of many in the AI world that an interdisciplinary team approach is necessary for the creation of ethical codes to regulate artificial intelligence. This team approach has worked well for electronic discovery and Losey is convinced it will work for AI Law as well. AI Ethics is one of the most important issues facing humanity today. It is way too important for lawyers and government regulators alone. It is also way too important to leave to AI coders and professors to improvise on their own. We have to engage in true dialogue and collaborate.

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Now back to the more mundane world of homework and learning the Team’s latest process for the application of machine learning to find evidence for trial. Here is the new homework assignment for Class Sixteen of the TAR Course.

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Go on to the Seventeenth and last class, or pause to do this suggested “homework” assignment for further study and analysis.

SUPPLEMENTAL READING: It is important to have a good understanding of privilege and work-product protection. The basic U.S. Supreme Court case in this area is Hickman v. Taylor, 329 US 495 (1947). Another key case to know is Upjohn Co., v. U.S. 449 U.S. 383 (1981).  For an authoritative digest of case law on the subject with an e-discovery perspective, download and study The Sedona Conference Commentary on Protection of Privileged ESI 2015.pdf (Dec. 2015).

EXERCISES: Study Judge Andrew Peck’s form 502(d) order.  You can find it here. His form order started off as just two sentences, but he later added a third sentence at the end:

The production of privileged or work-product protected documents, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d).
Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production.

Do you know the purpose of this additional sentence? Why might someone oppose a 502(d) Order? What does that tell you about them? What does that tell the judge about them? My law firm has been opposed a few times, but we have never failed. Well, there was that one time, where both sides agreed, and the judge would not enter the stipulated order, saying it was not necessary, that he would anyway provide such protection. So, mission accomplished anyway.

Do you think it is overly hyper for us to recommend that a 502(d) Order be entered in every case where there is ESI review and production? Think that some cases are too small and too easy to bother with that? That it is o.k. to just have a claw-back agreement? Well take a look at this opinion and you may well change your mind. Irth Solutions, LLC v. Windstream Communications, LLC, (S.D. Ohio, E Div., 8/2/17). Do you think this was a fair decision? What do you think about the partner putting all of the blame on the senior associate (seven-year) for the mistaken production of privileged ESI? What do you think of the senior associate who in turn blamed the junior associate (two-year)? The opinion does not state who signed the Rule 26(g) response to the request to produce. Do you think that should matter? By the way, having been a partner in a law firm since at least 1984, I think this kind of blame-game behavior was reprehensible!

Students are invited to leave a public comment below. Insights that might help other students are especially welcome. Let’s collaborate!

 


E-DISCOVERY IS OVER: The big problems of e-discovery have now all been solved. Crises Averted. The Law now has bigger fish to fry.

July 30, 2017

Congratulations!

We did it. We survived the technology tsunami. The time of great danger to Law and Justice from  e-Discovery challenges is now over. Whew! A toast of congratulations to one and all.

From here on it is just a matter of tweaking the principles and procedures that we have already created, plus never-ending education, a good thing, and politics, not good, but inevitable. The team approach of lawyers and engineers (vendors) working together has been proven effective, so have the new Rules and case law, and so too have the latest methods of legal search and document review.

I realize that many will be tempted to compare my view to that of a famous physicist in 1894 who declared:

There is nothing new to be discovered in physics now. All that remains is more and more precise measurement.

Lord Kelvin (1824-1907)

Then along came Einstein. Many attribute this humorously mistaken assertion to Lord Kelvin aka William Thomson, 1st Baron Kelvin. According to Quora, scholarship shows that it was probably said by the American physicist, Albert Michelson, behind the famous Michelson–Morley experiment on the speed of light.

Still, even mindful of the dangers of boasting, I still think that most of the really tough problems in electronic discovery have now been solved.

The time of great unknowns in e-discovery are past. The rules, principles, case law, procedures, software, methods, quality controls vendor services are now well-developed. All that remains is more and more precise measurement.

The Wild West days are way gone. Certainly new problems will arise and experiments will continue, but they will not be on the same level or intensity as before. They will be minor problems. They will likely be very similar to issues we have already addressed, just with exponential magnification or new twist and turns typical of the common law.

This is a tremendous accomplishment. The crises we all saw coming around the corner at the turn of the century has been averted. Remember how the entire legal profession was abuzz in emergency mode in 2005 because of the greats dangers and burdens of e-discovery?  Yes, thanks to the hard work and creativity of many people, the big problems have now been solved, especially the biggest problem of them all, finding the needles of relevance in cosmic-sized haystacks of irrelevant noise. TARcourse.com. We now know what is required to do e-discovery correctly. EDBP.com. We have the software and attorney methods needed to find the relevant evidence we need, no matter what the volume of information we are dealing with.

We have invented, implemented and perfected procedures than can be enhanced and altered as needed to accommodate the ever growing complexity and exponential growth. We expect that. There is no data too big to handle. If fact, the more data we have, the better our active machine learning systems get, like, for instance, predictive coding. What an incredible difference from the world we faced in e-discovery just five years ago.

This success was a team effort by thousands of people around the world, including a small core group who devoted their professional lives to solving these problems. My readers have been a part of this and you can pat yourself on the back too. The paradigm shift has been made. Maybe it was the Sedona vortexes?

Now that the tough parts of e-discovery are over, the rest of the ride is downhill. Some of my readers have already moved on. I will not retire, not just yet. I will keep up the work of e-discovery, even as I watch it transition to just teaching and politics. These activities have there own unique challenges too, even if they are not really all that impact-full in the big scheme of things. Plus, I find politics disgusting. You will see tons of dirty pool in our field soon. I cannot talk about it now. We have some renegades with authority who never solved an e-discovery problem in their life. Posers with power.

But what is that new turbulence I hear in the distance? It is a bizarre new sound with vibrations never experienced before. It lies far outside of well trodden paths and sounds both discordant and harmonious, sirens-like at the same time. It lies on the outer, cutting edges of law, science and technology. It sounds like a new, more profound Technology and Law challenge has emerged. It is the splashing of bigger fish to fry. I am hearing the eerie smarts sounds of AI. A music of both exuberance and fear, utopia or extinction.

The Biggest Challenge Today is the Ethics of Artificial Intelligence.

Following my own advice of the Hacker Way approach I have given this considerable thought lately. I have found an area that has far more serious challenges and dangers than e-discovery – the challenges of AI Ethics.

I think that my past hacks, my past experiences with law and technology, have prepared me to step-up to this last, really big hack, the creation of a code of ethics for AI. A code that will save humanity from a litany of possible ills arising out of AI’s inevitable leap to super-intelligence.  I have come to see that my work in the new area of AI Ethics could have a far greater impact than my current work with active machine learning and the discovery of evidence in legal proceedings. AI Ethics is the biggest problem that I see right now where I have some hand-on skills to contribute. AI Ethics is concerned with artificial intelligence, both special and general, and the need for ethical guidelines, including best practices, principles, laws and regulations.

This new direction has led to my latest hack, AI-Ethics.com. Here you will find 3,866 words, many of them quotes; 19 graphics, including a photo of Richard Braman; and 9 videos with several hours worth of content. You will find quotes and videos on AI Ethics from the top minds in the world, including:

  • Steven Hawking
  • Elon Musk
  • Bill Gates
  • Ray Kurzweil
  • Mark Zuckerberg
  • Sam Harris
  • Nick Bostrom
  • Oren Etzioni
  • 2017 Asilomar conference
  • Sam Altman
  • Susumu Hirano
  • Wendell Wallach

Please come visit at AI-Ethics.com. The next big thing. Lawyers are needed, as the web explains. I look forward to any recommendations you may have.

I have done the basic research for AI Ethics, at least the beginning big-picture research of the subject. The AI-Ethics.com website shares the information that had biggest impact for me personally. The web I hacked together also provides numerous links to resources where you can continue and customize your study.

I have been continuously improving the content since this started just over a week ago. This will continue as my study continues.

As you will see, a proposal has already emerged to have an International Conference in Florida on AI Ethics as early as 2018. We would assemble some of the top experts and concerned citizens from all walks of life. I hope especially to get Elon Musk to attend and will time the event to correspond with one of SpaceX’es many launches here. My vision for the conference is to facilitate dialogue with high-tech variations appropriate for the AI environment.

The Singularity of superintelligent AIs may come soon. We may live long enough to see it. When it does, we want a positive future to emerge, not a dystopia. Taking action now on AI ethics can help a positive future come to pass.

Here is one of many great videos on the subject of AI in general. This technology is really interesting. Kevin Kelly, the co-founder of Wired, does a good job of laying out some of its characteristics. Kelly takes an old-school approach and does not speak about superintelligence in an exponential sense.

 


Mark Zuckerberg and the Hacker Way: Be Open and Build Social Value (More New Videos Added to the TAR Course)

July 9, 2017

The two videos in this blog on the Hacker Way are also included in the Welcome page of the TAR Course. Other minor improvements were made this week to the Welcome and the First Class.

This article continues and completes the blog I wrote last week, Hacker Way: Focus on Impact, Be Fast, Be Bold. The Hacker Way as written out by Mark Zuckerberg contains five basic credos. Zuckerberg, Letter to Investors (1/31/12). We covered the first three last week: Impactful – Fast – Bold. This week we cover the last two: Open and Values. You can find them all together, and more, on the Welcome Page to the Tar Course, now with its own convenient address: TARcourse.com. Also see HackerWay.org.

Since Facebook now has over Two BILLION Members and its founder, Mark Zuckerberg is the subject of intense public scrutiny and admiration, you would think that more people would be talking about how he thinks. Mark set forth his ideas, his basic tech-view of life, which he called Hacker Way, when Facebook went public. He made it the central talking point in Facebook’s Letter to Investors (1/31/12). Yet, now, five and a half years later, I am still the only one who has written about it in depth, and the only one who keeps writing about. Why is that? Is everyone else lost in VR? Wake up fellow hackers. Share your insights. I cannot do this alone. Connections and community efforts are the whole point of Facebook. Or was it Twitter? I jest.

There are thousands of other humble hackers like me that know about the Hacker Way, both from theory and a lifetime of experience. Some of them must write too. Yet, so far, they have been silent. There must be many others who know what Mark is talking about, who know where he is coming from. It is not about criminal hackers stealing stuff, nor Russian espionage. It is about creating stuff using technology and code. It is about Continuous Improvements, Hands-On, Meritocratic and Code Winning Arguments. It is about being Bold, Fast and Focusing on Impact. It is about being Open and Building Social Value.

Many know the principles articulated by Mark, and know about other related hacker principles and practices. Yet the silence, aside from me, is deafening. Follow the Hacker Way and Be Open. Join with me in the discussion and analysis of the Hacker Way that Mark Zuckerberg set out. Don’t be afraid to break stuff by making mistakes in writing. Be bold and leave public comments below.

Mark, if you somehow read this, I would like to interview you on the Hacker Way and publish it here. The world needs to hear more from you.

I do not want to be a Zuckerberg fan boy, or anything like that, but he is already an important historical figure. His philosophy is bona fide. The success of Facebook and other hacker based companies proves this. The Hacker Way philosophy deserves much more attention than it has received. The academics are probably clueless, but there must be other hands-on computer geeks like me that can articulate this into words, and not just more products, more code (not that there is anything wrong with that). What Mark has expressed so far is just the barest Zen essence of Hacker Way. We need to go beyond mere information and share the knowledge, and live the wisdom. Be open.

We should not make Mark Zuckerberg into just another celebrity, another wonder-kid billionaire who made the cover of time magazine, which is what has happened so far. He deserves to be taken more seriously than that. Don’t just admire him. Listen to him.

After I wrote this, I found an new article by , Mark Zuckerberg shouldn’t be president, but he should be listened to (Salon, 7/9/17). He seems to echo my idea, but not really. Roza’s article pertained to history and politics and Zuckerberg’s idea on universal basic income as expressed in his commencement speech at Harvard in May 2017 where he said: “We should explore ideas like universal basic income to make sure that everyone has a cushion to try new ideas.” There was not a single word in Roza’s “listen to” article on Mark’s Hacker Way, and he did not really talk much about Zuckerberg either. For more on Zuckerberg’s basic income idea see Mark’s Facebook post on his trip to Alaska and that state’s basic income experiment dated July 5, 2017. This idea is impactful and bold, albeit not new, just like Zuckerberg’s articulation of the old idea of Hacker Way.

I am not trying to promote a Zuckerberg run for presidency (although I would certainly prefer him over our current mess). See: Lucinda Shen, You Can Now Donate to a Mark Zuckerberg for President Campaign (Fortune, May 24, 2017); Sonya Mann, If Mark Zuckerberg Ran America Like He Runs Facebook… (Inc. 5/30/17). Although not promoting Zuckerberg for President (not yet), I do think that his ideas are important, all of his ideas, especially those on philosophy that are near and dear to my heart, namely Hacker Way. Also see Zuckerberg’s February 2017 statement on Facebook, Building Global Community. This important Facebook post elaborates on the Social Value that Facebook is building.

I am not trying to make Mark into a philosopher-guru either. That is contrary to the Hacker Way, which is more like Zen than religion. To paraphrase an old Zen saying, if you meet Buddha on the road, run him over! We do not need more celebrities, more gurus. We need hackers that take action and talk. We need writers that really listen to Mark’s entire message and are bold and open enough to write about it.

What follows are videos of me talking about the fourth and fifth components of the Hacker Way (Be Open, Build Social Values) and how they apply to the Law, e-Discovery and TAR. Each video is hacked into two parts due to WordPress size limits. Also See: Losey, “The Hacker Way” – What the e-Discovery Industry Can Learn From Facebook’s Management Ethic (8/18/13); The Solution to Empty-Suits in the Board Room: The “Hacker Way” of ManagementPart One and Part Two (8/22/13); Losey’s LTN editorial, Vendor CEOs: Stop Being Empty Suits & Embrace the Hacker Way. You may also want to check out HackerLaw.org and HackerWay.org.

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Be Open

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Build Social Value

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By the way, it is interesting to note that the address of Facebook headquarters is: 1 Hacker Way, Menlo Park, 94025.

Also see: Catherine Clifford, How Mark Zuckerberg keeps Facebook’s 18,000+ employees innovating: ‘Is this going to destroy the company? If not, let them test it.’ (CNBC 6/5/17).

Please see my blog last week, Hacker Way: Focus on Impact, Be Fast, Be Bold, to see my videos and writings on the Hacker Way and the first three components: Impact, Bold and Fast. Also see HackerWay.org.



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