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BDO's Legal Tech Talk / Season 2

The Importance of the Human Element in AI

BDO's Legal Tech Talk · Season 2, Episode 15 · September 17, 2024 · 3,683-word transcript
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Host: Daniel Gold, BDO
Co-host: Jared Crafton, BDO
Guest: Stacey Blaustein, IBM

About this episode

Daniel Gold and Jared Crafton welcome back Stacey Blaustein of IBM, whose short Legalweek interview drew a strong response on LinkedIn. Stacy explains how she sees AI changing e-discovery, why guardrails became urgent once generative AI went mainstream, why hallucinations and bias make human oversight essential, and how data governance has to be built into AI by design.

Key takeaways

Full transcript

Transcript from BDO's published episode, edited for transcription errors. Speaker labels added by Gold Standard Leadership.

Show open

Welcome to BDO's Legal Tech Talk podcast.

We're joined by judges and legal professionals to discuss emerging trends, regulatory updates, and the latest headlines.

We'll provide tips to help your law firms and legal departments make the most out of legal technology.

Hi, everyone. I'm Jared Crafton, BDO's forensic technology practice leader.

And I'm Daniel Gold, forensics principal and leader of the eDiscovery managed services practice. Let's get started with this episode's exciting topic.

Daniel Gold

Welcome back to another BDO Legal Tech Talk podcast.

Jared, you know, we had such a good time at New York Legal Week interviewing so many legal professionals that I felt like that that little vignette of ten minutes just wasn't enough. Did you feel the same way, Jared?

Jared Crafton

I couldn't agree more. First of all, Legal Tech was so much fun this year, but also our guests were just spectacular.

Daniel Gold

That's right. And so I walked away feeling like I want a little bit more from all of our guests. And, Jared, that's exactly what we've done. So I'm not sure if you realize this, but we've invited back to the podcast one of those special guests, Stacey Blaustein from IBM. Welcome to the virtual recording studio here of BDO Legal Tech Talk podcast.

Stacey Blaustein

Thanks, Daniel and Jared. Glad to be back.

Daniel Gold

Well, it is so good to have you back because Jared and I left our conversation longing for more on so many of the topics because you have such an interesting perspective about what was said. And, you know, it wasn't really a surprise, but it was very interesting to me, Stacey, when we published your podcast interview from Legal Week, something really interesting.

I received, and for others that are out there that are real LinkedIn influencers unlike myself, may not find these stats impressive, but I found them impressive.

The post received about two thousand impressions in your recording. That that's a lot. Right? At least for mine, that's a lot. That's two thousand. You received fifty one likes.

There were three reposts of your podcast, and there were seven unique and incredibly glowing comments from really great people that I know that we're both connected with. You have clearly made an impact in this industry is really where I'm going with this, and I'm wondering, do you realize I'm gonna hit you with a hard question first. Do you realize what an impact you have made on the industry? And there are so many people that really wildly respect you and admire you and the work that you have done in this business.

Stacey Blaustein

Oh, I totally appreciate that. I didn't know I got so many, reactions, which is great. One time, I was at a hockey game, and for some reason, I got on Instagram for, like, twenty five seconds, and there were, like, a million people. And I was like, I had no idea what was even happening. So I do appreciate the feedback.

One, I love my job, and two, this whole emerging field is something that I'm so interested in. So I'm I've really tried to, you know, become educated in it and talk to people.

And it's hard to keep up with all the different developments in AI and privacy, but I certainly try to see it holistically and how, you know, how I can bring some value to understanding it as somebody that works in a corporation, as a lawyer, you know, as just, you know, a friend, somebody who I can, you know, teach AI a little bit about and make it more relevant to people's use in their lives.

Jared Crafton

Clearly, you struck a chord with, you know, I think a lot of your vision about, you know, how you see AI playing out. And I believe in the last episode, you even said that AI has the potential to revolutionize eDiscovery.

Can you elaborate a little bit on how you foresee AI evolving in the space over the next, you know, three to five years or so?

Stacey Blaustein

Sure. Well, I absolutely see AI as really making more efficient and really putting information together, tapping into sort of like a brain dominated analysis of information and, you know, selecting and analyzing and, you know, at some point, possibly, like, summarizing and early case assessment and things like that. So I think that there is a huge potential for AI in eDiscovery.

I do think, you know, we've gotta have the guardrails up in its use. There's gotta be ethical values surrounding its use, and it's not a free for all. I mean, I think that there has to be the trustworthiness, the transparency, the ethical use. I mean, I think that all has to be developed. And I think that I think that it is. I think that there's, I mean, I think there's a lot of attention being given to the governance and use of AI.

I'm seeing more, you know, more states and more country regulation of the ethical use of AI. And so I think that it exploded on our horizon in, like, so many areas of industry, of life, of medicine, of university, of scientist usage.

But I think now, you know, we kinda like we move forward, but we're also kinda like taking one step back to make sure that the governance and the integrity and the ethics are all there. And the trustworthiness is really the one of the most important concepts because, you know, if you're using a particular kind of AI, you wanna know for sure that it's, you know, proven to be trustworthy and defensible and transparent and explainable.

So I do think, you know, there there's a lot of that going on in terms of developing and demonstrating and fine tuning in the eDiscovery world and elsewhere in AI.

Daniel Gold

Stacey, there's been so much talk since, really, ChatGPT came to lighten and its popularity exploded.

That's when people started really talking about AI. But they talked about AI as in gen AI was synonymous with just regular AI.

But you and I both know and our many of our listeners know that you've been utilizing machine learning, which is a form of AI, right, in a lot of the various different things that you've used, whether it's eDiscovery or otherwise. Your email system utilizes AI to filter out junk mail. Right?

Google uses natural language interface and natural language processing to understand what it is that you're about to type into a search interface. Right? That's AI. But now all of a sudden, since AI and gen AI are synonymous with one another, now we're doing what you said. We're taking that step back. Right? Now all of a sudden, we've got the EU who has put forth marvelous, I think, marvelous framework in the sense that at least it provides guidance, right, on how to appropriately be able to use AI or GenAI.

I know that the executive branch of the of our US government has put forth various different proclamations, and set forth, you know, some orders about what AI should be and etcetera.

Why is it that now all of a sudden, we need the guardrails? Why didn't we need the guardrails before? Why didn't we need the transparency and the trustworthiness before Gen AI came to light? Why is it now, all of a sudden, we're talking about it?

Stacey Blaustein

Well, I think it was so exciting, right, to have this technology and this is, you know, what we're talking about in legal week this year and etcetera.

And I think that, you know, there was a lot of experimentation and trials of AI and Gen AI, and people and entities were realizing, you know what? There there's a lot of risks with using this if it's not properly used.

So I think that the excitement and the emotion sort of was the first reaction to Gen AI and, wow, this is like you know, I was at a wedding and the father of the bride, he's like, I had chat CPT write my speech. You know? And we're like, you gotta be kidding me. But it was exciting.

Right? It was, like, right at the right time. And I read, you know, that scientists have used generative AI to either summarize or make introductions or whatever. And sometimes, like, it's not right.

Right? Because it depends what you know, it depends one, you know, what you feed into the foundational models.

And there's issues of, you know, entities have proprietary information that they don't want going into the ether to be used, you know, for open source, you know, Gen AI or whatever. And I think that there was then kinda like a look back period, and we realized, hold on a minute. Like, we have got to regulate this. We've gotta put guardrails around its use because, otherwise, it's you know, you're gonna get these hallucinations.

You're gonna get stuff that's not true. You're gonna get, you know, things that that are not accurate, and that's not the purpose of AI. Right? The purpose of AI is to provide for, you know, a more productive, truthful, efficient result or outcome, you know, in whatever it's being applied.

Like, if it's being applied for eDiscovery, you know, maybe identifying documents that are relevant and hits, you know, for a particular case. For medicine, scanning whatever billions of MRIs and PET scans and things like that. Okay. You want you want, you know, reliable okay.

This patient's MRI looks almost identical to this person who was diagnosed with this and got this treatment. So you don't you wanna you wanna operate, you know, in a in a truthful, accurate, regulated, ethical space.

And I think that we kinda jumped into it so quickly that, you know, many organizations, entities, governments realize, hold on. We gotta we gotta put the brakes on a little bit and really circumscribe the ethical use of AI, the guardrails, you know, what's appropriate, considering privacy, you know, considering all kinds of ethics, considering, you know, making sure there's not bias, making sure that the information that's put in all these models is, you know, good information. Right? Good documents, good records so that the AI, you know, works for the intended purpose and is not, you know, just a free for all kind of technology without any kind of oversight.

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Jared Crafton

They see a lot of the words that you're using, you know, trustworthiness, transparency, bias, ethics, they're all very human words. Right? And and more so they they describe our human relationships. Right?

When you when you have a relationship with another human, you know, you want transparency, you want trustworthiness, you know, there's a code of ethics, I think, that kind of happens on both sides. You know, how important is that human element? You know, when we talk about the relationship with technology and the relationship with artificial intelligence, you know, can you talk a little bit about that humanity element? How important is that?

And, you know, do you have any tips or methodologies on your own team, you know, to ensure that, you know, you're training the model in a human way and you're you're keeping that human touch?

Stacey Blaustein

There's definitely you need human oversight, right, into creating the models, feeding the models, applying the models.

Obviously, the you know, the creation of the of these models, right, requires sensitivity to many issues, right, to human beings. Right? Wanna make sure there's no bias. There there's software tools now that have been created that you can, you know, layer up on your AI to make sure that there's no bias. But, for example, if AI is being used for any kind of employment decision, right, we wanna make sure that there's no discrimination, whether it's, you know, age or orientation or nationality, culture, whatever.

We wanna make sure that these tools are working properly. Right? And they're they're not inherently flawed. And I know, for example, there is use of facial recognition technology, and a lot of, you know, airports use it, airlines use it. I mean, it's, like, incredibly good technology.

And if you've been online at customs and, you know, international airports and things like that, you'll know that, like, you know, going into the screen and just, like, you know, they're recognizing your face and pulling up your data is a huge, like, efficiency. Right? You don't have to wait on line for two hours, you know, with your kids and the suitcases and everybody having to use the restroom where you can't go until after you've cleared that. But there were some facial recognition tools that had bias in it. Right? They don't recognize people of color that, like, some of the shading and everything just sort of is it generally identifies and is not particular.

And so we wanna make sure that, you know, AI doesn't have these, you know, these flawed elements, and we wanna make sure because otherwise, they're they're not gonna be beneficial to society. Right? For example, medical technology, you want diagnoses and prognoses and therapies to be available to everybody. Right?

You don't wanna just have AI be prioritized for, you know, white women or whatever it should be. This AI should work to the benefit of everybody in our world. Right? Everybody's created equal.

Everybody should have, you know, equal opportunities to get good care in industries as a client, whether you are, you know, a minority owned business or the biggest company in, you know, in Fortune five hundred.

AI should be available to your businesses to work in the best, you know, most ethical ways.

So I think that, you know, you ask how do ethics and human touch integrate into the use of AI.

These are just, like, some examples. Right? I mean and the other thing is, you know, human beings are not are not replaceable by machines, and machines are really helping us probably, you know, in many ways gonna be more efficient, live productive lives, help us at our jobs.

But, you know, you still need human beings. I had read an article last night about some scientists who said, okay, let me use, generational AI to draft something.

And there were completely disjointed sentences that were not reviewed.

And I'm sorry, but you know what? You still need to read what, you know, what you're asking for, see if it's appropriate, see if it's relevant.

And further, you know, AI is not a great use for, you know, everything we do in life. Right? Sometimes, you know, some some things are better done by the human mind. And so human beings won't be replaced, but AI can really, you know, pull information, data, databases across the world that, you know, we couldn't do otherwise, and then process a question to figure out, okay, what you know, get get an output and see, you know, what is coming as as the output and see if, you know, that can really help.

Daniel Gold

Stacey, you touched on something that I think deserves looking under a microscope a little bit more.

This idea of Gen AI applied across the entire, you know, medicinal field Mhmm. Pharmacology, airports.

There's so much benefit there, but when we get down to the common denominator of how all this works, it's humans.

Humans are the ones ultimately that have to at least start to code this.

Stacey Blaustein

Yeah.

Daniel Gold

So when we talk about this idea of bias, it's interesting because we are at the intersection of humanity and efficiency Mhmm.

Because we could become vastly more efficient and intelligent beings, but yet we are the root cause as human beings of all of our own problems, and that includes generative AI in a sense. Right? So until Gen AI can code itself free of any sort of human bias, right, it is a critical concern. And I'm wondering if you have specific strategies or methodologies that you could think of and or if you can talk about anything that IBM does as well to minimize and monitor bias in AI systems, I think that, you know, we'd be greatly appreciated the audience would be as well because this is such a, obviously, very important topic.

Stacey Blaustein

So it is an important topic. And, yes, like, I mean, human beings create their own problems. Also, you know, just the world does and different factors. We've created, you know, all the problems with the climate change and, you know, our environments and ocean coasts moving in more and different patterns and things like that. But human beings, right, I mean, we're, you know, we're trying to solve our problems, and we're trying to use AI to help solve our problems.

And I think that human beings are the ones and data scientists were the ones that, you know, created these language models to begin with and are creating these foundational models.

And so there's gotta be, as I said, like, these guardrails, right, on the models and the information that's put in the models and the selection of what the AI is being used for. I mean, at, at IBM, we have the emphasis on, you know, ethical use of AI and our, chief privacy officer and AI officer is on various governmental ethics boards and things like that because we have a very, aggressive stance that AI should be, you know, ethical, accountable, transparent, honest, sustainable, and, you know, be used with integrity. And so there's two factors when we're using it internally. Right? There's all these use case tests that you have to initially go through in order to ascertain that this is an appropriate use case for your business purpose or whatever.

Same thing, you know, when we're working with clients. Right? We we go through, you know, the whole litany of the client's concerns, intended use, information that's being fed, ethical use. And we have different sort of technology, like, packets that we provide to clients, right, that will embed it with, you know, anti bias, you know, all kinds of different software products that we layer up on the AI and make sure that the information is, you know, is ethical and the use is ethical. And so it's sort of like, you know, a laddering approach where, you know, you have, like, the foundational model on the bottom, and then you have different, you know, anti bias software. And, you know, you have other sort of guardrails on top and stacked up so that the product is, you know, gonna be the most, you know, transparent in terms of, like, having auditability, right, of the model, auditability of the data, the information, and the records that are being used. So it's always explainable.

There is data governance built into all the AI that we use internally as well as the AI that we use as client offerings.

And by data governance, I'm saying that there are and this is, you know, to work with the client, but determine what the retention periods are. Like, what we wanna make sure that, you know, there's no risk of misuse. And if there is some regulator asking about the AI, that there is the metadata available, the foundational model records available in an, you know, in a very organized, structured informational governance portal or whatever, however, you know, somebody maintains it. So I think that, you know, the design of the AI for IBM internally as well as for what we do for our clients is very multilayered, very much, you know, has these guardrails, has this transparency, accountability, integrity built into it, has this, you know, anti bias, you know, stacked on top of it.

And I think that this is not just happening. It it's by design.

It's by implementation, whether it's for internal use. We get so much education on the use of AI as IBMers. We were required last summer in, in August twenty twenty three to have about between twenty and thirty or forty hours of education on how to use a foundational model, how to create a foundational model, how to input data in the foundational model, how to query the foundational model, how to analyze the output of the foundational model. So we were all I mean, every single employee was required last year to understand how AI works. And I'm a lawyer. I mean, I'm not a, you know, a business person. I'm not a scientist.

I'm not a client executive or whatever, but I understand now, you know, the basics of how it works, and we have a plethora of offerings.

Jared Crafton

I love that you're being supported with so much education at IBM. I mean, that to me is the key to unlocking the potential for all of this. You know, I think we see kind of a varying level of support at different organizations around particularly GenAI. You know, here at BDO, we're big supporters. Stacey, with that, thank you so much for joining us today. It's been an absolute pleasure.

Stacey Blaustein

Thank you so much. I enjoyed it and, appreciate it. Have a great day.

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Until next time, this has been another episode of BDO's Legal Tech Talk.

Daniel Gold
About your host

Daniel Gold is an attorney and a Principal at BDO USA, where he leads eDiscovery managed services. He hosts BDO's Legal Tech Talk, co-hosts the NeLI Pod and founded Gold Standard Leadership.

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