??Artificial Intelligence and Systemic Litigation

In the cycle of conference-debates on the Emerging Systemic Litigation (Contentieux Systémique émergent - CSE), organised by the Cour d'appel de Paris (Paris Court of Appeal), the Cour de cassation (French Court of cassation), the Cour d'appel de Versailles (78) (Versailles Court of Appeal), the Ecole nationale de la Magistrature - ENM (French National School for the Judiciary) and the EFB (Paris Bar School),

will be held on June 24, 2024, from 11am to 12.30pm, the fourth conference of the cycle, which will focus on the theme : L’intelligence artificielle, nouveau champ de Contentieux Systémique (Artificial intelligence, new field of Systemic Litigation)

??see the full programme of the entire cycle CSE

??see a presentation of the fourth conference-debate of the cycle ??L’intelligence artificielle, nouveau champ de Contentieux Systémique (Artificial intelligence, new field of Systemic Litigation)

To register:

??Registrations?and?information?requests?can be sent to: [email protected]

??For the?attorneys, registrations have to be sent to the following address: https://evenium.events/cycle-de-conferences-contentieux-systemique-emergent/?

??The?conference-debates are held in French, in person only, in the?Cour d’appel de Paris?(Paris Court of Appeal).

Presentation of the topic: Artificial intelligence, new fiels of Systemic Litigation

A NEW LOGIC

Artificial intelligence has enabled the creation of an algorithmic system. This develops its own logic, which is essentially technological in nature. It generates computing power based on the correlation of information to produce possible causalities and build probabilities that are sometimes likened to ‘predictions’, with the mass processed eventually generating a qualitative change.

This change is linked to the digital space, which by nature gives rise to a Systemic Litigation, that was the topic of the conference-debate of May 27,2024.

There are three ways in which Systemic Litigation is affected, and the aim here is to anticipate them, as the litigation is either in its infancy or is still to come, but will undoubltely arise suddenly.

TO DEAL WITH THE COMPLEXITY OF SYSTEMIC LITIGATION

Firstly, it is possible that the technological tool will make it possible to deal with certain cases where the technical nature of either the concepts or the requests, or the multitude of requests however simple, require this ability to deal with the mass of information to be stored, sorted and correlated.

This is leading to an increase in both the mechanical power of algorithms and the greater presence of human beings, in particular through the growth in adversarial proceedings, pre-trial hearings, mediation, and so on.

FROM THE SOFTEST TO THE HARDEST LAW

Secondly, in the face of this change linked to the digital space, ‘texts’ have appeared to ‘regulate’ the use or the very invention of this or that algorithmic tool, texts of very diverse natures, softer or harder (this variation between soft and hard law is the theme taken up in the conference-debate of 19 September 2024). These may be measures taken by the firms that produce the tools, those that use them, or those that disseminate them, with the people affected by the information being relatively active.

This last point explains why Systemic Litigation is already underway, concerning the subjective rights that would be violated, either by the very nature of artificial intelligence, in this case the rights of creators, or the rights to privacy, or other Monumental Goals. The systemic and extra-territorial dimension of these disputes has already been established.

POLITICAL CHOICES AND HOW THEY ARE TAKEN INTO ACCOUNT IN SYSTEMIC DISPUTES

The third point is the role of the Politic and the company choices explicitly or implicitly made, and then asserted by the parties to the dispute or the stakeholders in the proceedings.

The European Union, through the texts currently being adopted, has established that the Goal is not only the sustainability of the technical system, the innovation market and European sovereignty, but also the primacy of people, through a method that is the Ex Ante ranking of risks. This assumed conception is also contested. This methodological issue is also applicable to the judge.

These Emerging Systemic Litigations are and will be brought before various regulatory or supervisory authorities, but also before Ordinary Law courts, in particular through Contract Law, Liability Law, Company Law, Labour Law, General Procedural Law, etc.

ASK THEMSELVES THESE QUESTIONS, SINCE THE PARTIES ARE ASKING THEM TO SPECIALISED AND ORDINARY LAW COURTS

The aim here is to measure and anticipate the way in which the systemic dimension will be integrated into future litigation.

??The Event:

Fourth conference-debate - Monday 24 June 2024, from 11am to 12.30pm

ARTIFICIAL INTELLIGENCE, NEW FIELD OF SYSTEMIC LITIGATION

(L’INTELLIGENCE ARTIFICIELLE, NOUVEAU CHAMP DE CONTENTIEUX SYSTéMIQUE)

Paris Court of Appeal, Cassin courtroom

Presentation and moderation by???? Marie-Anne Frison-Roche (????????) , Professor?of Regulatory & Compliance Law, Director of the Journal of Regulation & Compliance

???11am-11.20am.???The first observable Systemic Litigations involving artificial intelligence (Les premiers contentieux systémiques observables impliquant l’intelligence artificielle), by???? Sonia Cissé , Partner, Linklaters Paris

???11.20am-11.40am.???The influence of new and forthcoming legislation on Emerging Systemic Litigation involving artificial intelligence (L’influence des nouveaux textes et des textes à venir sur les contentieux systémiques émergents impliquant l’intelligence artificielle), by???? Emmanuel Netter , Professor of Law at Strasbourg University?( Université de Strasbourg (Unistra) )

???11.40am-12.30pm.?Debate