"Since then, the pace of change has been dramatic, and the number of court rules aimed at addressing technology's impact has grown just as quickly. However, unlike the relatively uniform, top-down framework created for ediscovery, the approach to newer technologies has been rushed, piecemeal, and adopted only after problems became apparent.Every time new technology is released, including social media and now generative AI, another round of rules and standing orders tends to follow."
"Technological advancements have occurred at unprecedented rates over the past decade, and the release of generative AI has only accelerated this trend. Judges are finally paying attention, but the response is as unhinged as you'd expect. Since the turn of the century, computers and the online world have become inextricably intertwined with our lives. From communicating and shopping to obtaining information and conducting business, the ubiquity of technology is inescapable, creating a digital footprint for nearly everything that we do."
Technological advancements accelerated by generative AI have rapidly integrated computers and the online world into daily life, producing pervasive digital footprints. Amendments to the Federal Rules of Civil Procedure in 2006 established procedures for identifying, preserving, producing, and handling electronically stored information in civil litigation. The pace of change since then has been dramatic, and courts have created numerous technology-focused rules. Newer technologies have prompted a rushed, piecemeal regulatory approach adopted only after problems surface. Social media and generative AI have triggered repeated rounds of standing orders, leading to a buildup of mandates that differ widely across courtrooms. These disparate rules complicate litigation and create uncertainty for practitioners.
Read at Above the Law
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