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Understanding the legal risks of deploying AI in businesses

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Carole Piovesan, Litigator and Team Lead on AI, Privacy, Cybersecurity and Data Management group at McCarthy Tétrault
Carole Piovesan, Litigator and Team Lead on AI, Privacy, Cybersecurity and Data Management group at McCarthy Tétrault
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Artificial intelligence (AI) is bringing an array of opportunities and challenges to businesses. Not least of these new changes is legal risk.

DX Journal spoke with Carole Piovesan, Litigator and Team Lead on AI, Privacy, Cybersecurity and Data Management group at McCarthy Tetrault, to find out how AI will affect businesses, who should be addressing the legal risks AI poses to society and how the legal practice itself is being affected by AI.

DX Journal: To what extent does AI pose a legal risk to enterprises looking to incorporate this technology?

Carole Piovesan: Since there’s a lot of talk about AI, let me start with a very short definition. AI is an umbrella term that encompasses different processes such as natural language processing (like Siri), image recognition, machine learning and deep learning. The “AI” that draws a lot of attention these days – both negative and positive – is usually machine learning and deep learning, both of which involve self-teaching and self-executing systems.

AI offers a lot of opportunity for businesses looking to improve efficiencies and cut costs. Depending on the purpose of the system, however, it can present certain legal risks.

For instance, AI systems require lots of data to train systems on how to accurately perform a certain task. Access to data is largely governed by the Personal Information Protection and Electronic Documents Act which sets parameters for how to legally access, store and use data, among other things. Companies need to understand how to comply with privacy legislation to avoid reprimand or sanction. In addition, amassing huge quantities of data could lead to competition issues around data monopolies, among other things.

Then there is the issue of liability where a system does something it shouldn’t have done or doesn’t do something it should have done. In self-teaching and self-executing systems, questions arise as to who should bear liability for harm caused by the system. This leads to the corollary issue of proof. The pathway to a particular output for these systems is notoriously difficult to understand.

There is a whole movement around increasing the interpretability of AI systems, particularly where systems are used in matters that directly affect human life such as medical diagnosis and criminal law.  

DX Journal: Which industries are likely to be most affected by the legal risks that AI brings to businesses?

Piovesan: I wouldn’t think of it as industries that will be most affected by AI, but tasks. Every industry has the potential to be affected by advanced technologies including deep learning systems. The idea is that AI systems can perform routine, repetitive tasks better, faster and cheaper than humans. Every industry has processes that are repetitive in nature and that can be improved by AI.

That said, in the near-term, industries that are expected to be deeply affected by AI include transportation, medicine, law, insurance, accounting, manufacturing, retail, financial services, among others. Sectors that are less obvious but that are benefitting from AI include oil and gas, and mineral extraction, in which AI is being used to more safely and efficiently extract natural resources.

DX Journal: What should businesses focus on as they begin to onboard AI tools?

Piovesan: Depending on the purpose and complexity of the technology, business will want to develop a better understanding of AI technologies, as well as risk management strategies for incorporating more sophisticated technologies into their operations. Increasingly we’re seeing an interest in creating legal assessment tools specific to AI technologies. 

DX Journal: Who is addressing the legal risks created by AI in society?

Piovesan: Many different actors have a role to play in ensuring safe, beneficial and productive innovation. I would say that provincial and federal governments need to kick-start a dialogue with the academic and private sectors around issues specific to AI technology. One critical area for greater discussion is with respect to the interpretability of AI systems, and requirements for explainability for systems used with direct impact on human rights and well-being.

The EU and UK are examples of jurisdictions that are undergoing regular consultations to inform a possible regulatory framework on AI. Canada has also done such consultations but I think more is needed.

The academic and private sectors are tasked with advancing innovation but, as we have seen with the 2017 Asilomar principles, for example, they can also lead in defining appropriate standards and codes of conduct to promote responsible and productive research and innovation.

Canada is well-situated in the AI field. Some of the foundational thought-leaders of deep learning are based in Canada. We have tremendous academic talent here.

Plus, the federal government announced $125 million in research and development focused AI and nearly $1 billion over 5 years to promote innovation superclusters.

These announcements made international headlines which is important to show the world that Canada is the place to be for research and innovation (not to mention we are known for having the second largest tech sector outside Silicon Valley).

Finally, Canada is a well-respected international player and AI is technology will require a coordinated international approach, especially with respect to data sharing and in the military and defence contexts. Canada is very well placed to add-value to any international dialogue on AI.

DX Journal: How is AI changing the legal practice itself?

Piovesan: AI presents tremendous opportunity in the legal profession. As lawyer become more exposed to and comfortable with the technology, we will increasingly incorporate AI into all aspects of our practice.

The law firm can use AI to streamline internal processes such as mandate scoping. By understanding how much a typical piece of legal work costs, law firms can more quickly and accurately estimate new work that is similar in scope.

At my firm, McCarthy Tétrault, we’re using AI in M&A due diligence work. In so doing, we’re able to complete due diligence for an M&A transaction in a fraction of time and for a fraction of traditional costs.

AI is also being introduced on the litigation side through systems that can complete legal research of concepts. It is also being used in e-discovery to increasingly categorize documents and predict relevance.

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 Where is Canada with hydrogen?

It’s in the early stages, but it’s happening now, says clean tech expert Bryan Watson.

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Could the words “gas station” disappear any time soon, with the rising number of vehicles running on sources other than fossil fuels?

Whereas electric vehicles are all too familiar, various companies, experts, and think-tanks say the newest fuel on the block will be hydrogen. It’s been the focus lately of new government investment, research, and so far, small-scale adoption. Among its many benefits, hydrogen’s vehicle exhaust is just water. 

Clean tech expert Bryan Watson, Founding Director of OCTIA (Ontario Clean Technology Industry Association), says that hydrogen is the next ‘it’ fuel.

“It’s early, but it is happening now. There are trucking companies, bus companies, dump truck companies, all of these are being… retrofit and they’re sort of the early stages of it, but it’s happening now.”

For example, Canadian Pacific Railway has recently completed a trial run, powering a train with hydrogen fuel in Calgary. Routes in Vancouver, Edmonton, and Calgary, and through the Rockies will follow in coming months. 

And as part of a one-year pilot project two hydrogen buses will take passengers in Edmonton and nearby Strathcona County. Also in Edmonton, a hydrogen fuelling station is under construction for Alberta Motor Transport Association’s testing of semi-trucks on the highways.

The pace of innovation

A big question for the naysayers or cynics might be: What happens if hydrogen advances fast enough to replace the EV market, before that widespread adoption?

“I don’t think it’s an either-or argument,” said Watson. 

Hydrogen and batteries do similar things, he added, “but sometimes the way you’re using the asset makes a difference.” In mining, he explained, it’s better to have the higher energy output that hydrogen can sometimes produce, compared to some batteries. “Or maybe you don’t have the connectivity to the grid to be able to fast charge (electric vehicles) on a mine site. But you do have the ability to get hydrogen there.” 

He added that he has seen schematics for hybrids of hydrogen and battery to manage the different energy needs of a particular type of vehicle. “So we’re still calibrating the market to those technologies,” he said. “We’re literally redefining a whole part of our infrastructure.”

What about government support?

The Canadian government has stepped up to the plate in embracing this innovation, especially in what looks like a direct response to the passage of the Inflation Reduction Act in U.S. Congress last year, that provides incentives for clean energy projects — including hydrogen.

The Trudeau government announced its own plans, as outlined in Finance Minister Chrystia Freeland’s fall economic update. Previously, in 2020, the government released a hydrogen strategy. This 141-page document outlined, among several things, the intent to become a world-leading producer of hydrogen, with the goal of achieving zero-net emissions by 2050.

Watson, who is Vice President of Venbridge, said that there are some tax incentives for corporations to catch up to hydrogen. With the Canadian budget of 2022 came a variety of Clean Energy Incentives and Resource Sector Measures, like the Investment Tax Credit for Carbon Capture, Utilization, and Storage (CCUS Credit, up to 60%) as well as a clean tech tax credit (up to 30%). And in the fall economic statement, he added, the hydrogen production tax credit was announced, rebating 18.5 to 40 percent. As of 2023’s budget, he said it includes the clean technology, manufacturing tax credits, and the clean electricity tax credits. 

EVs vs. hydrogen

In an in-depth look at EVs vs hydrogen, HotCars.com found that hydrogen-powered vehicles have some benefits that EVs do not. For starters, they have a 300-mile range, while EVs have a range of roughly 200 miles. In cold conditions, the EV range decreases, but hydrogen-powered vehicles do not. A car powered by hydrogen could take up to 10 minutes to get completely fueled, while an electric one can take up to 45 minutes, the report also said. 

“I’ve actually seen in some cases with battery electric vehicles… the local grid is not stable enough, or (the charge) would be too much of a draw for that grid… because the grid itself isn’t robust enough in some areas. So having a portable (hydrogen) power source makes sense,” said Watson, who is also Managing Director of CleanTech North.

Another big selling point for hydrogen fuel cells, is that it takes up a small fraction of the space an EV battery might. 

There are already local filling stations for hydrogen-powered vehicles — just a handful so far. The Canadian Hydrogen and Fuel Cell Association says there’s one in the Greater Toronto Area, one in Quebec, three in Vancouver and one in Victoria

The latter two inspired British Columbia courier company, Geazone, to recently order 40 hydrogen-fueled Toyota Mirais. British Columbia’s government has committed $10 million to build more stations. 

Canada, for its part, is already one of the world’s top ten producers of hydrogen, a homegrown market of about $6 billion annually.

Scaling hydrogen production in Canada

Alberta has signaled that they want in on the action, issuing its 2021 Hydrogen Road Map. The province currently produces around 2.4 million tonnes of hydrogen per year, aiming to increase it to three million in the next six years. 

In 2021, Air Products Inc. — touted as the largest hydrogen producer in the world — signed a plan for a $1.3-billion net-zero hydrogen plant in Edmonton whose construction is “well underway” as of April, 2023. 

Nova Scotia, meanwhile, has a few plans in the works to produce more hydrogen fuel. 

Ultimately, all-natural fuels as a substitute for gasoline have been in use for some time. Hydrogen has a big head start, boosts from governments and corporations, and looks to be the answer — at least for now — to wean ourselves off fossil fuels.

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80% of electronic waste in Canada went “uncollected” and “unrecycled” in 2020

According to University of Waterloo researchers, the amount of electronic waste in Canada has more than tripled in the last 20 years.

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When you think of waste management and reduction, you might picture dump trucks of food waste, packaging, and of course — plastic straws. 

But a less discussed type of waste is building up in Canada: electronic waste, or e-waste, meaning electronics that no longer work or are needed. Examples include:

  • Computers
  • Televisions
  • Stereos
  • Fax and copy machines
  • Headphones and radios
  • Electric appliances
  • Other electronic products

The study reminds readers that electronic waste has a large number of hazardous materials in its composition, including: 

  • Mercury
  • Cadmium
  • Lead
  • Arsenic
  • Chlorofluorocarbons (CFCs)
  • Brominated flame retardants (BFRs)
  • Polybrominated diphenyl ethers (PBDEs)
  • Polychlorinated biphenyls (PCBs)

Now, Canada doesn’t show up in the top 10 countries with the biggest e-waste generation. We’re looking at China, the US, and India as the top three. 

Still, a study by researchers at the University of Waterloo found that Canada’s e-waste tripled in the last two decades. 

Canada doesn’t have many up-to-date studies on national e-waste

Released in May 2023, this University of Waterloo study is reasonably named the “first comprehensive estimate of e-waste in Canada.” 

Researchers estimated e-waste figures based on data from import and export statistics, as well as in-use stocks of electrical and electronic equipment from 1971 to 2030. 

E-waste has tripled in the last twenty years in Canada

The study mentions how society has dramatically advanced with digitization and technology, resulting in newer electronic equipment by the year. 

However, this increase resulted in the simultaneous decommissioning of older electronic equipment because they become irrelevant or unusable faster. The result?

“Faster stockpiling of waste electrical and electronic equipment.”

Just how much waste are we talking? The study’s 60-year historical and projected period suggests a total of 29.1 million tonnes of e-waste, with consistent growth each year at 0.5%. 

But how did Canada fare in the years we have solid data for? Researchers note: 

  • 252 kilo tonnes in 2000
  • 954 kilo tonnes in 2020

While businesses account for more significant outputs of e-waste, the study calculated a per-capita e-waste generation of: 

  • 8.3kg in 2000
  • 25.4 kg in 2020
  • Estimated 31.5 kg in 2030

How to move forward with e-waste

The study’s data presents an opportunity for policymakers to better understand: 

  • Life cycle of electronic products
  • Reasonable targets for waste reduction
  • Resource circularity potential for e-waste management

Read the full University of Waterloo study.

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 Leading insurance company Chubb goes all in on AI

A look at how the billion-dollar insurance company plans to embrace AI in all business areas.

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Insurance claims aren’t supposed to take longer than a few weeks to settle — but some can take as long as several months. This is just one business challenge that AI helps insurance companies overcome.

And Chubb, one of the world’s biggest insurance companies, has taken note. 

Founded in 1882, Chubb is a leading insurance company based in Switzerland with offices worldwide — including a new tech services center in Greece. 

CEO Evan Greenberg recently shared a company-wide adoption of artificial intelligence (AI) on a larger scale with investors. 

The company’s newest services center in Thessaloniki, Greece, is expected to spearhead AI initiatives to improve digital transformation, efficiency, and customer experience. The common denominator? AI, specifically automation, machine learning, and cybersecurity modernization. 

So, what can AI do for the average insurance company?

  • Fraud detection: Insurance companies lose over $40 billion per year due to fraudulent claims, a contributor to increased premiums. Machine learning overcomes human limitations when detecting fraudulent indicators. The algorithms continuously improve based on data, which can save insurance companies tons of money. 
  • Risk assessment: Every insurance underwriter uses customer-provided data to assess risk and determine coverage accordingly. But if customers fabricate information, or if underwriters make mistakes, risk could either be over- or under-accounted for. AI helps companies minimize the chance of dishonesty seeping through by catching human-crafted answers versus accurate ones. 
  • Customer service and overall efficiency: Indeed, most people have a negative perception of insurance companies. But quicker claims, risk assessments, policy purchases, and settlements will support better customer experiences in the insurance industry — all thanks to a customer-centric shift powered by AI. Some companies are already using AI-powered chatbots to support customers in finding the most suitable policies for their needs and income. 
  • Labour savings: A double-edged sword, AI development in the insurance field will allow companies to hire fewer underwriters and agents, which saves on labour costs. Still, McKinsey points out that this shift would result in transitioning the agent’s role from handling “busy” work and “data collection” to “process facilitation and product educators.” 

Greenberg attributed AI to improved operations like underwriting, customer experience and service, marketing, and more. The benefits are fuelling the company’s shift to wider-spread adoption. 

Read the full story here

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