Council of Europe Adopts 1st AI Treaty: Key Points for Lawyers

The Council of Europe just adopted the first legally binding international AI treaty. Here's what lawyers need to know:

• Covers all stages of AI systems
• Aims to protect human rights while encouraging innovation
• Applies to both public and private sector AI use
• Open for global participation, not just Europe

5 key impacts for lawyers:

1. New AI regulations to learn and apply
2. Increased client demand for AI compliance help
3. International law implications
4. New avenues for protecting human rights in AI
5. Covers both government and private AI use

Key treaty goals:

• Protect human rights in AI
• Promote responsible AI innovation
• Require independent AI oversight bodies
• Mandate AI transparency
• Fight AI discrimination
• Safeguard privacy in AI applications
• Provide redress for AI-related harms

Action	Why It Matters	How to Do It
Check AI Use	Find compliance gaps	List AI tools, assess risks
Update Policies	Ensure staff follow rules	Create guidelines, train employees
Inform Clients	Build trust, meet disclosure rules	Explain AI use clearly, get consent
Document Everything	Prove compliance	Record all AI decisions and checks

Timeline:

• August 1, 2024: Act begins
• February 2, 2025: AI system bans start
• August 2, 2025: General-purpose AI rules apply
• August 2, 2026: Full Act enforcement

Lawyers: start preparing now. List your firm's AI use, make a compliance plan, and stay informed on AI ethics and regulations.

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What's in the Treaty

The Council of Europe's AI treaty is a big deal. Here's the scoop:

Treaty Coverage

It covers AI systems from start to finish. The treaty defines AI as:

"A machine-based system that generates outputs like predictions or decisions based on input, potentially influencing environments."

This covers most AI apps. But it doesn't apply to:

• R&D activities
• National security
• Defense

Key Goals

The treaty aims to protect rights and promote responsible AI. It wants to:

1. Shield human rights

AI shouldn't trample on fundamental rights.

2. Boost smart innovation

Address risks without stifling progress.

3. Set up watchdogs

Each country needs an independent body to keep an eye on things.

4. Make AI transparent

You should know when you're dealing with AI, especially for content.

5. Fight discrimination

AI must respect equality and avoid bias.

6. Guard privacy

Protect personal data in AI applications.

7. Offer help

People need ways to seek redress if AI harms them.

The treaty takes a risk-based approach:

• All AI systems need a human rights check before launch.
• Riskier AI faces tougher rules.

For lawyers, this sets a new bar for AI governance. It'll likely shape AI use in Europe and beyond.

5 Key Points for Lawyers

1. AI and Human Rights

The AI treaty puts human rights first. Lawyers must:

• Check AI for bias
• Protect fundamental rights
• Be ready to challenge AI decisions

2. Data Protection and Privacy

AI often handles sensitive data. Lawyers should:

• Review data practices
• Ensure GDPR compliance
• Advise on data minimization

3. Being Open About AI Use

Transparency is crucial. Lawyers must:

• Disclose AI use in legal work
• Explain AI decisions to clients
• Keep AI use records

4. Spotting and Managing Risks

AI brings new risks. Lawyers should:

• Do regular AI risk checks
• Create AI governance plans
• Stay up-to-date on AI legal issues

5. Working Across Borders

The treaty affects international work. Lawyers need to:

• Know how the treaty applies globally
• Advise on cross-border compliance
• Team up with international colleagues

Key Point	What to Do
Human Rights	Check for bias, protect rights
Data Protection	Review practices, ensure compliance
Transparency	Disclose AI use, explain decisions
Risk Management	Do checks, create governance plans
Cross-Border Work	Understand global impact, collaborate

The AI Act timeline:

• August 1, 2024: Act starts
• February 2, 2025: AI system bans apply
• August 2, 2025: General-purpose AI rules begin
• August 2, 2026: Full Act application

Lawyers need to move fast. Start by listing AI use in your firm and client businesses. Make a plan that covers each key point. Remember, fines can hit €35 million or 7% of global turnover.

"The AI Act has a very broad extraterritorial reach." - Anton Dinev, Assistant Professor in Law at Northeastern University

This means lawyers must think about the Act's impact on clients worldwide, not just in the EU.

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How to Follow the Treaty Rules

Legal firms need to take these steps to meet AI treaty requirements:

Check Your Current AI Use

List all AI tools your firm uses. This includes legal research platforms, document review software, contract analysis tools, and predictive coding systems.

For each tool, ask:

1. Does it make decisions about people?
2. How does it handle personal data?
3. Can we explain how it works to clients?

Update Your Firm's Rules

Create clear AI guidelines for your staff covering:

• When to use AI tools
• How to check AI outputs
• Steps for client disclosure

Train your team on these rules.

Talk to Clients About AI

Be open about AI use with clients:

1. Explain which tasks involve AI
2. Describe how AI helps their case
3. Get written consent for AI use

Use plain language. Skip the tech jargon.

Keep Good Records

Document all AI use in client work. Show:

• Which AI tools you used
• Why you chose them
• How you checked the results

Action	Why It's Important	How to Do It
Check AI Use	Identifies compliance gaps	List all AI tools and assess their risks
Update Rules	Ensures staff follow treaty	Create guidelines and train employees
Client Talks	Builds trust and meets disclosure rules	Explain AI use clearly and get consent
Keep Records	Proves compliance	Document all AI decisions and checks

The EU AI Act starts on August 1, 2024. Full rules apply by August 2, 2026. Start now to avoid a last-minute rush.

"The AI Act has a very broad extraterritorial reach." - Anton Dinev, Assistant Professor in Law at Northeastern University

This means your firm needs to follow these rules even if you're not in the EU, as long as your AI affects EU citizens.

Problems and Benefits

New Rules, New Challenges

Lawyers face hurdles with the AI treaty:

• AI outpaces laws, making compliance tough
• Many lawyers lack AI know-how
• Firms might need to spend on new tech and training

But there's a silver lining:

• Lawyers can become AI law experts
• Better AI understanding = better client advice

Ethical Tightrope

The treaty spotlights key ethics issues:

Issue	What It Means	Legal Impact
AI Bias	AI might be prejudiced	Check AI outputs for fairness
Privacy	AI handles tons of personal data	Be extra careful with data and client info
Transparency	AI decisions can be unclear	Ensure AI use in law is explainable
Human Rights	AI could step on basic rights	Protect human rights in AI use

Lawyers must balance AI speed with ethics. Using AI for research is great, but double-check to avoid biased results.

"AI can spot client needs and regulatory changes way faster than manual methods." - Future of Professionals Report survey respondent

This shows AI's speed, but lawyers must ensure accuracy.

Kate Jones from Chatham House warns:

"AI can boost human development but risks widening gaps, eroding freedoms through surveillance, and replacing independent thought with automated control."

Lawyers need to navigate these risks while using AI to help their practice and clients.

Wrap-up

The Council of Europe's AI treaty is a game-changer for lawyers worldwide. Here's the lowdown:

It's a global affair, involving 46 Council of Europe members, the EU, and 11 non-members (including the US). The treaty puts human rights front and center in AI development and use.

What's covered? Everything from AI creation to deployment. Lawyers need to help clients spot and tackle AI risks. Plus, there's a big push for transparency - people need to know when they're dealing with AI.

If AI steps on someone's rights, they can fight back legally. This treaty aims to set a worldwide minimum standard for AI rules.

For your law practice, this means:

• Check your firm's AI use
• Guide clients on AI rules and risks
• Keep up with AI ethics
• Get ready for more AI-related cases

"The Framework Convention on Artificial Intelligence is a first-of-its-kind, global treaty that will ensure that Artificial Intelligence upholds people's rights." - Marija Pejčinović, Council of Europe Secretary General

Mark your calendar:

• Treaty adopted: May 17, 2024
• Open for signatures: September 5, 2024 in Vilnius, Lithuania

This isn't just another rule book. It's shaping the future of AI in law. Stay sharp!

FAQs

What's the deal with Europe's AI convention?

Europe's AI convention is all about protecting human rights, democracy, and the rule of law when it comes to AI. It's setting up basic standards for AI use worldwide.

Here's the scoop:

• It's the first legally binding international AI treaty
• Covers the whole AI lifecycle
• Focuses on respecting human rights and democratic values

The Council of Europe's Secretary General put it this way:

"The Framework Convention on Artificial Intelligence is a first-of-its-kind, global treaty that will ensure that Artificial Intelligence upholds people's rights."

Why it's a big deal:

• 46 Council of Europe members helped draft it
• The EU and 11 non-member states (including the USA) were involved
• You can sign it starting September 5, 2024 in Vilnius, Lithuania

For lawyers, this means you'll need to stay on top of AI rules to advise clients and handle AI cases in the future.

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