When the sources of information evolve in the digital age, their analysis and legal verification methods must also inevitably change. The increasing use of artificial intelligence has brought both new challenges and opportunities to the processes of data review and production in the legal world.
The Rise of Artificial Intelligence:
From AI chatbots to intelligent toys in China, we have seen how AI has blended into everyday life. Now, this same technology has entered the legal system as well.
The Most Expensive Stage of Legal Review
Although in previous articles we discussed identifying, preserving, and collecting new data sources, now it is time to talk about their review and production, which is often the most time-consuming and costly part of discovery.
Now that chatbots like ChatGPT and social media data are becoming part of legal cases, lawyers must not only consider the available data but also its nature, context, and legal standing.
Read Reuters’ report for more details
Old Rules Still Apply to New Sources
The sources of data may have changed, but the legal principles remain the same. A 2024 review of AI and technology reveals how new technology is being integrated into old frameworks.
The Federal Rules of Civil Procedure now apply to social media posts and chatbot messages just as they apply to emails. Courts expect every data request to be relevant and necessary to the case.
For example, in an employment-related dispute, conversations on platforms like Slack or posts in a private Facebook group can be just as important as formal emails.
New Sources, New Precautions
1. Who is the Author? Human or AI?
Who gave the chatbot response – a human or an automated system? If the answer is from an AI, understanding its intent, knowledge, or instructions can be difficult.
Elon Musk’s warning: The age of human data is over; now comes the reign of synthetic data – highlights this point.
2. Complete Context is Necessary
Every chatbot response depends on the prompts previously given. Viewing a single message in isolation can be misleading. A full chat thread or session review is essential.
3. Credibility and Facts
Chatbots often generate content that appears accurate but may actually be a “hallucination” – in other words, fabricated. Lawyers should verify each response.
Microsoft’s $80 billion investment in data centers also highlights how far companies are going to manage AI-generated data.
4. Confidentiality and Privilege
Users often unknowingly share sensitive information with AI chatbots. Meta’s ruling in Europe highlights this risk: that public posts can be used for model training.
5. Who Has Control?
If data is coming from a third-party chatbot or app, it’s not necessary that the user has complete control over it. The legal team must determine whether the data is truly in the party’s possession.
A Complete, Thoughtful, and Documented Strategy is Needed
Reviewing data from social media, chatbots, and other new technologies is now more complex than ever. Therefore, legal teams must adopt transparency, technical understanding, and caution at every stage, to ensure the accuracy of evidence and the integrity of the case.
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