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The Growing Market for Cybercrime ON THE HORIZON 2020 On the Horizon is a Knowledge and Information Services publication from the National Center for State Courts. © 2020 National Center for State Courts. Some Rights Reserved. CONTENTS 04 20 ST WELCOME THE 21 CENTURY’S HORSELESS BUGGIES Topics | 5 OTH in Brief | 20 Always Innovating | 20 Privacy | 23 06 26 THE COURT THE PROSECUTION WOULD LIKE OF THE FUTURE TO CALL SIRI TO THE STAND OTH in Brief | 6 OTH in Brief | 26 The Virtual AI Assistant | 6 Impact on the Courts | 29 The Rise of Social Robots | 8 10 30 THE NEW TOMBSTONE OTH IN BRIEF OTH in Brief | 10 The Court of the Future | 30 Growing Market | 10 The New Tombstone | 30 App Be Watching You | 11 iGeneration and Generation Alpha | 31 st Assessing Responsibility | 13 21 Century Horseless Buggies | 31 Do You Own Your Data? | 14 The Prosecution Would Like | 31 The Effect on the Courts | 15 to Call Siri to the Stand 16 32 PREPARING FOR THE ENDNOTES IGENERATION AND GENERATION ALPHA The Court of the Future | 32 The New Tombstone | 34 OTH in Brief | 16 iGeneration and Generation Alpha | 37 st Generation Alpha | 19 21 Century Horseless Buggies | 39 iGeneration in the Courts | 19 The Prosecution Would Like to Call Siri to the Stand | 41 WELCOME e live in a rapidly evolving world. Domestic and international events “Sharing knowledge have the potential to impact the occurs when people are W genuinely interested in helping way courts operate and the role they play. On the Horizon examines several potential one another develop new influencers that may be five to ten years from capacities for action; it is about having significant impact. By giving courts creating learning processes.” a look to the future and potential issues that may impact the courts, our goal is to give these issues some time and space for thought and proactivity. The beginning of each article includes a bulleted overview of the most important points. These overviews are also available together in an easy print appendix at the end of On the Horizon. THIS YEAR’S TOPICS INCLUDE: Artificial intelligence working for the courts Emerging cybercrimes The iGeneration WELCOME Trials and tribulations of new ways of transportation “Sharing“ knowledge Artificial occurs when people are intelligence’s genuinely interested in helping integration into everyday life one another develop new capacities for action; it is about creating learning processes.” Peter” Senge ON THE HORIZON THE COURT OF THE FUTURE he ever-evolving world of technology is rapidly changing the way we interact with the world around us. As many aspects of daily life move from the physical realm to the digital realm, OTH IN BRIEF the way we communicate and work is also Tchanging. Along with the growth and development of new • Artificial intelligence, AI, has come technology, we are likely to see an increased presence of a long way since Clippy or the early social robots changing the way we communicate and who, days of Siri but is still developing. or what, we communicate with. These areas may grow by leaps and bounds over the next decade, and the courts will • AI has the potential to drastically need to respond to these changes. change courthouse operations replacing humans in some cases and offering services previously The Virtual AI Assistant unavailable in others. Before Alexa and Siri there • Estonia is experimenting with was Bonzi and Clippy. Sure Bonzi replacing judges with AI. was ad malware and Clippy had a tendency to pop up at the most • New Mexico is testing Clara, a inopportune time, but these were virtual receptionist with a welcoming some of the early smart computers animated figure to interact with as intended to help us navigate she helps with directions, FAQs, and the virtual world. In October forms. 2011, ten years after Clippy’s • Social robots are being used more official retirement, the world was frequently in other countries. introduced to Siri.1 YouTube • Social robots are common in Japan, where they act as assistants taking care of the ill, working security, and handling housekeeping tasks. • Researchers are working on teaching social robots to detect emotion and express empathy. • AI assistants or social robots have the potential to increase access to justice. YouTube 6 | NCSC 2020 Only four months later, over 60 percent judge may not satisfy this need. Whether people would of iPhone 4S users were using Siri several times still have faith in the system and feel as though the a week.2 Ten months after Siri was announced, government cares and is listening to them if human Scientific American told us to forgive Siri’s still judges are replaced with AI remains to be seen. developing voice technology and marvel in her assistant capabilities; Siri was the future.3 Author David Pogue was right. While people were hesitant talking to a robot when Siri first introduced herself, by 2018 research showed people were comfortable revealing personal information to robots, so long as the robot was cute and unimposing.4 The market has already responded to the shift in attitude; manufacturers are focused on developing AI specifically for the purpose of legal transcription.5 In the United States AI is still sparce in government applications, but in Estonia AI is replacing government workers and even judges.6 In theory, by delegating menial tasks to robots, employees can focus on more meaningful work. A robot judge may seem incapable of replicating the considerations made by human judges, however, Estonia plans to use robot judges to “[adjudicate] small claims disputes” to clear their dense backlog Santa Fe New Mexican of cases.7 Replacing judges with AI is not without concern and has the potential to disrupt the justice New Mexico’s First Judicial District Court is system in major ways. Judges currently exercise taking steps to explore AI in the American courts. a fair amount of discretion, meaning they take into They are keeping the judges but adding Clara, a consideration the circumstances and background virtual receptionist.9 Speaking four languages and of a case before making a final ruling. In contrast, described as having curly brown hair and warm robots are much more methodical and may not be brown eyes Clara’s goal is to make the courthouse able to provide the empathetic responses which we less intimidating and more accessible. For now, Clara expect from human judges. Furthermore, artificial is limited to giving directions, answering frequently intelligence has been proven to replicate some of asked questions, and emailing forms, but there are the worst qualities of human judgment, such as big plans to expand Clara’s skills as well as her ability racism and sexism.8 to interface with the court’s system. While human beings are inherently imperfect, Proponents of AI technology like Clara cite creating machines that replicate these negative the range of possibilities for language and audio stereotypes could be dangerous for our society. There translation technology. Translating services such as is also the question of how the public will perceive Google Translate already use similar technology to nonhuman judges. The foundation of the U.S. justice translate hundreds of languages, making it easier system is based on the principle that the citizenry for people to communicate and connect.10 However, generally believe the courts to be fair, just, and there are concerns the current systems do not do impartial. Additionally, people like to have their day in enough to protect user privacy, and the potential for court and feel as though they have been heard, a robot error created by AI systems is still too great.11 OTH | 7 ON THE HORIZON been deployed in several hospitals to assist with The Rise of Social the crisis, providing virtual triage to sick patients.17 Though social robots are new and still evolving, there Robots is already a growing dependence on this new form of The age is the Jetsons is some 42 years off. technology.18 In the future social robots will likely be Their promised flying cars may be even further down able to answer a myriad of different questions and the horizon, but robots not all that dissimilar to Rosie, will likely be capable of detecting different human the Jetsons’ maid, are already here. These robots take emotions and comprehending empathy.19 the voice assistant AI a step further by interacting with the physical world. Our fascination with robots traces back to 1920 when Czech writer Karel Čapek first used the term.12 Seven years later the first humanoid robot, Herbert Televox, arrived.13 Herb could only pick up the phone but a hundred years after Čapek, robots have taken on many forms. YouTube There are many examples of social robots already in use. One such robot is named Pepper. The Medical Futurist Team describes Pepper as charismatic, funny, and very helpful.20 Pepper can identify and respond to human emotions as well as an array of questions and is already being used in mobile phone stores and two hospitals functioning as a receptionist and information assistant.21 Pepper has some competition from Sophia, a highly complex robot Social robots, or “digital, autonomous robots with human-like looks, facial- and voice-recognition that are designed to independently interact and communicate with humans,” are already widely used in Japan and China.14 These robots function as virtual human assistants who help to check people in at airports, take care of the elderly and sick in nursing homes and hospitals, reinforce existing security, and even perform housekeeping services.15 In the United States, social robots are being deployed to help police parks, present facts about diseases to patients, monitor department store aisles, and guide courthouse visitors.16 This type of assistance has become even more useful in the face of the COVID-19 epidemic.
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