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Attorneys must expect to deal with disputes about discovery and admissibility of new technologies in both civil and criminal proceedings. These technologies include algorithms, source code, and facial recognition technology. This presentation will explore these technologies and the legal issues they raise through, among other things, mock oral arguments and judicial determinations.
This Briefing will focus on discovery into the underpinnings of facial recognition technology intended to uncover potential bias and inaccuracies. The speakers will argue discovery and admissibility motions that will be “presided” over by a sitting judge, who will ask questions and issue “rulings” from the Bench. They will, among other things:
- Examine facial recognition technology and the ways in which it has given rise to, and impacted, litigation, and how the concept of proportionality may be employed to limit discovery into the technology (30 minutes);
- Present examples of the arguments that can be made in favor of, and in opposition to, discovery and admissibility of this technology (20 minutes); and
- Provide insight into some of the concerns judges may have about these technologies and about the technological competence of lawyers (10 minutes).
Hon. Bernice Bouie Donald – United States Court of Appeals for the Sixth Circuit
Gail Gottehrer – Law Office of Gail Gottehrer LLC
Ronald J. Hedges – Dentons US LLP