Navigating the future of technology and law: a regulatory approach

Although we may often take many aspects of technology for granted, its evolving nature could continue to pose both positives and pitfalls, including for the legal sector. Even tools we are long-accustomed to using, like the internet and mobile phones, present their own regulatory considerations. Indeed, John Marriott and Alex Paradise explore the importance of protecting children from online sexual abuse and exploitation on p40. Their features article calls for safeguarding to be at the forefront of child protection policy, as well as further research to fill gaps in our understanding.

We’re also in the midst of debates over how we approach emerging technologies. Currently, the EU is approaching its final steps towards publishing the Artificial Intelligence Act. That text, which is due for a vote in the EU’s legislative assembly in April, could very well lead to the world’s first comprehensive act in regulating AI. That follows past concerns over how exactly AI should be regulated, including efforts to control language models, or the use of AI by police and intelligence service. The EU’s approach will likely impact other jurisdictions, including the UK.

Indeed, the artificial intelligence minister recently emphasised the UK’s intentions to cooperate with the EU on AI matters, particularly over issues like its impact on copyright. While the UK may continue its “flexible” approach towards regulating AI, as was outlined in the government’s 2023 White Paper, further cross-jurisdictional cooperation could certainly influence the UK’s own regulatory path.

As readers are aware, AI is already impacting solicitors in several key areas. Among these include practice management automation, which streamlines billing and client management; predictive coding for e-disclosure processes; document assembly for contract creation and review; legal research through advanced search algorithms and case strategy tools; as well as DIY law and chatbots.

Our March 2024 volume extrapolates further changes the legal profession can expect. Iain Brown’s piece on p64 ponders what AI could mean for the billable hour. As Iain argues, AI could lead to a shift towards value-based pricing models, allowing law firms to deliver greater value to clients by enabling lawyers to handle a higher volume of work more effectively, without ending the billable hour itself. But do keep an eye on those AI hallucinations that chatbots may churn out, such as making up judgments and information that doesn’t exist!

Geraldine Kelm also touches on the ‘human factor’ on p30, pondering the dual-edged impact of AI on the legal profession. Accordingly, it offers both efficiencies in the legal sector, while increasing the potential to replace certain legal jobs. While AI, like ChatGPT, offers significant productivity gains, there's debate on its full implications for lawyers, emphasising the importance of personal branding and soft skills to maintain a human connection and add value beyond what AI can provide.

Looking at further risks, Alan Collins and Hannah Hodgson discuss the rising concern over AI's role in facilitating online sexual harassment on p60, notably the creation and distribution of deepfake images. In their article, both Alan and Hannah stress the need for UK laws to evolve in response to these technological advances and the complex challenges they pose, including jurisdictional issues and the anonymity of perpetrators.

While numerous pieces in this volume have argued technology can bring increased benefits, there’s no shortage of emphasis for a balanced regulatory approach, for technologies both new and old. Future legislation and research in the UK and other jurisdictions will continue to influence how we continue to adapt to this rapidly-evolving landscape.