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w w w . c a n a d i a n l a w y e r m a g . c o m M A R C H 2 0 1 9 19 an's "Privacy by Design" framework, which builds privacy assur- ance by becoming "an organization's default mode of operation," may be a useful guide. It would embed references to broader social concerns at the very point of program- ming. In addition, ethics modules are now being built into computer science courses at universi- ties. Deeper dialogue about the social impact of AI and its possible unintended consequences are beginning to take shape. And lawyers, philoso- phers, data scientists and others should all have a voice in designing our digital futures. The role of lawyers? Most of the legal tech AI on offer specifically denies that the algorithm is giving legal advice. The disclaimers help vendors avoid claims of unauthorized practice; lawyers are still "in the loop" in interpreting the outputs provided by the algorithms as part of their broader advice. If lawyers are to use AI to crunch through past decisions to help calculate risk or options for their client, they need to understand the reasoning that is going on in that black box. A more thorough understand- ing of the algorithm's continuing education is also key. How is the algorithm learning and improving? What is the quality of the feedback and correction it is given and by whom? Perhaps there is a further role for lawyers, too, as discussed at the Legal Innovation Conference at the University of Alberta's Faculty of Law (hosted by dean Paul Paton) in January. In-house lawyers, compliance officers and their external counsel should also act as the conscience of their companies/clients and advise on the ethical as well as legal implications of the goods or services produced. I'm not sure where I sit on that, but, like the lawyers using this new technology on behalf of their clients, I think there is a responsibility to ensure AI- generated results are appropri- ate. This will involve digging into the data collected, the quality of that data and the flaws that a statistical model will have in its decision if seeking to solve genuine human or social problems. A computer won't always get things right; good old-fashioned paper-and-pen solutions with human oversight may be just per- fect. And just because we can doesn't always mean we should. Kate Simpson is national director of knowledge management at Ben- nett Jones LLP. Opinions expressed are her own. "If lawyers are to use [artificial intelligence] to crunch through past decisions to help calculate risk or options for their client, they need to understand the reasoning that is going on in that black box." 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. The eBook* version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone. Learn more at store.thomsonreuters.ca/ proview. *eBook not available to trade bookstores, third-party distributors, and academic institutions. Available risk-free for 30 days Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2018 Thomson Reuters Canada Limited 00255NF-A95033-CM Print+ProView eBook* Order # L95983-65203 $537 2 volume looseleaf supplemented book Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately ProView eBook* only Order # L95984-65203 $505 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes.

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