Human Rights AI Impact Assessment Backgrounder Released by Law Commission of Ontario

In November 2024, the Law Commission of Ontario (LCO) and the Ontario Human Rights Commission (OHRC) published an AI human rights impact assessment based specifically on Canadian human rights law. 

This week, the LCO published what it calls a Backgrounder that summarizes the benefits, limitations, and choices in artificial intelligence impact assessments.

"This Backgrounder accompanies the LCO/OHRC HRIA [AI human rights impact assessment]. It can be read as both an introduction to the HRIA and a summary analysis of AI impact assessments generally."

"The LCO/OHRC HRIA is based on extensive research on AI regulation and AI impact assessment tools. The LCO consulted with a wide range of stakeholders and key informants, including government officials, lawyers, technologists, academics, NGOs, and representatives from both large and small private enterprises."

"The Backgrounder summarizes the benefits, limitations, and strategic choices inherent in developing a HRIA. The LCO believes that policymakers and stakeholders will benefit from a comprehensive look at of the choices, opportunities, and challenges in this project."

Government of Canada Consultation on Copyright in the Age of Generative Artificial Intelligence

The government of Canada has released its report on what it heard during consultations on copyright and artificial intelligence that took place between October 12, 2023, and January 15, 2024.

"The consultation sought feedback on three key copyright policy areas related to generative AI technology:

1. the use of copyright-protected works in the training of AI systems, notably for text and data mining (TDM) activities;
2. authorship and ownership rights related to AI-generated content; and
3. questions of liability, notably when AI-generated content infringes copyright."

"While these issues were outlined in the paper, participants in the consultation were also able to raise any other issues they thought important. A number of additional concerns about AI were raised frequently in the consultation. Some of these concerns related to copyright, while others may require consideration outside the copyright framework."

The report summarizes various "observations" that emerged from the consultations as follows:

• Observation 1: Creators oppose the use of their content in AI without consent and compensation
• Observation 2: User groups support clarifications that TDM does not infringe copyright
• Observation 3: Support for greater transparency regarding TDM inputs
• Observation 4: Support for the centrality of human authorship
• Observation 5: No consensus about whether existing legal tests and remedies are adequate
• Observation 6: No consensus about who may be liable for infringing AI-generated content
• Observation 7: Support for greater transparency to facilitate determining liability
• Observation 8: Concerns raised on the use of Indigenous cultural expressions in AI
• Observation 9: Some support for labelling of AI-generated content
• Observation 10: Some concern over the use of performers’ likenesses in deepfakes
• Observation 11: Concerns about negative impacts of AI on job security and unfair competition 

January 2025 Issue of Governance and Recordkeeping Around the World

The Governance and Recordkeeping Around the World newsletter, published by Library and Archives Canada, highlights issues pertaining to government and recordkeeping practices in the public and private sectors around the world.

The January 2025 issue has just been published. 

It includes:

• news items from Canada and around the world
• announcements of upcoming Canadian and international events (meetings, conferences, seminars)
• project and product news in areas such as digitization, archives, open source, e-government, access to information etc.
• listings of papers and readings (white papers, presentations, reports)

AI Reference Chatbot at the University of Calgary Library

OCLC, an international library services company, organized a webinar in November 2024 that showcased a chatbot project of the University of Calgary Library:

"In 2021, the University of Calgary Libraries launched a multilingual reference chatbot by leveraging a commercial product that combines a large language model (LLM) with retrieval-augmented generation (RAG) technology. The chatbot is trained on the library’s own web content, including LibGuides and operating hours, and is accessed from the library’s website."

"In a Works in Progress webinar hosted by the OCLC Research Library Partnership (RLP) on 20 November 2024, University of Calgary Library staff discussed the creation and implementation of the AI reference chatbot and shared lessons learned."

 

New Georgetown University Artificial Intelligence Governance Tracker

Georgetown University has launched AGORA (AI Governance and Regulatory Archive), a "collection of AI-relevant laws, regulations, standards, and other governance documents from the United States and around the world".

There are many filters for finding documents: keyword, region, thematic taxonomy (e.g. bias), area of application (e.g. medicine), and more.

Responses to Generative AI

The Open Scholarship Policy Observatory (OSPO) at the University of Victoria recently published an "Insights and Signals Report" entitled Responses to Generative AI:

"Policy Insights and Signals Reports scan the horizon in order to identify and analyse emerging trends and early signals for their potential to impact future policy directions in open access and open, social scholarship. They tend to highlight shifts in technology, public opinion and sentiments, and/or regulatory changes both within and outside of Canada. Like OSPO’s policy observations, insights and signals reports aim to support partners in crafting proactive, responsive, and forward-thinking strategies."

"This Insights and Signals Report is the first in a series that will focus on evolving discussions centered around artificial intelligence (AI), particularly generative AI (genAI) and large language models (LLMs), and the implications these may have for open access and open social scholarship."

Among the items in this report:

•  A brief introduction to generative artificial intelligence
• The world’s first artificial intelligence act passed in May 2024 by the Council of the European Union
• The inclusion of artificial intelligence in Canada’s Digital Charter Implementation Act (2022), along with critiques 
• Several responses to AI in Canada from journals, post-secondary institutions, scholarly associations and granting agencies, as well as some core concerns raised by these groups
• An announcement from Prime Minister Justin Trudeau regarding plans to dedicate 2.4 billion dollars towards ‘securing Canada’s AI advantage’, plus responses from experts

Law Commission of Ontario Document on Human Rights AI Impact Assessment

The Law Commission of Ontario (LCO) and the Ontario Human Rights Commission have published an AI human rights impact assessment based specifically on Canadian human rights law. 

"The Law Commission of Ontario and Ontario Human Rights Commission have joined together to create an AI impact assessment tool to provide organizations a method to assess AI systems for compliance with human rights obligations. The purpose of this human rights AI impact assessment (“HRIA” or “the tool”) is to assist developers and administrators of AI systems to identify, assess, minimize or avoid discrimination and uphold human rights obligations throughout the lifecycle of an AI system..."

"Bias and discrimination in AI are real and complex. Bias and discrimination can be easy to overlook or ignore. Left unchecked, AI can cause deep and longstanding harm to individuals, communities and organizations. Bias and discrimination can also present economic, legal and public relations consequences for organizations. Assessing for bias and discrimination is not a simple task. As such, it should not be an afterthought or minor consideration but be integrated into every stage of design, development and implementation of AI..."

"This tool is expected to help designers, developers, operators and owners of AI systems to identify and reduce bias and discrimination. The tool is a guide that, when applied carefully and thoughtfully, should help organizations build better AI and help in understanding human rights obligations."

Guidelines for the Use of Artificial Intelligence in Canadian Courts

The Canadian Judicial Council (CJC) has released Guidelines for the Use of Artificial Intelligence in Canadian Courts:

 

"These Guidelines aim to provide Canadian judges with a principled framework for understanding the extent to which AI tools can be used appropriately to support or enhance the judicial role. The objective is twofold: to establish a rationale for a consistent approach to the utilization of AI in Canadian courts and to shed light on both the opportunities and risks inherent in AI’s potential incursion into court administration and judicial decision-making. We hope this guidance can also serve as the basis for a more standardized approach to judicial education across all jurisdictions in order to foster continued competence as these systems evolve (...)"

"Formulating AI guidelines at this juncture necessitates a delicate balance between  embracing innovation and acknowledging that many of the ramifications of this potent technology remain uncharted. Established values and fundamental principles must not be discarded solely due to the pressures of modernization. At the same time, AI shows promise in providing innovative solutions to longstanding practical challenges within the justice system."

"Consequently, this modest endeavour proposes to adhere to three guiding principles: (1) Awareness and Education, (2) Caution and (3) Leadership."

The CJC's  role is to ensure the proper conduct of federally appointed judges and to improve the quality of judicial services, court management and technology. It is chaired by the Chief Justice of the Supreme Court of Canada.

Statistics Canada Report on Impact of Cybercrime on Canadian Businesses

Today, Statistics Canada published findings on the Impact of cybercrime on Canadian businesses, 2023:

"While digitalization and a growing online presence have created many new opportunities for Canadian businesses, they have also exposed businesses to new risks regarding privacy, data protection and cyber security. In 2023, total spending on recovery from cyber security incidents doubled from 2021, demonstrating the growing importance of cyber preparedness."

"Since 2017, the Canadian Survey of Cyber Security and Cybercrime (CSCSC) has collected data on the policies and measures put in place by Canadian businesses to manage cyber security and investigated how cyber security incidents impact their operations."

"The release of 2023 data from the CSCSC coincides with Cyber Security Awareness Month, which is an internationally recognized campaign held each October to inform the public of the importance of cyber security."

Among some of the findings:

• The proportion of businesses impacted by cyber security incidents continues to decline
• Identity theft, scams and fraud, and ransomware are impacting a larger proportion of businesses
• Spending on recovery from cyber security incidents doubles, while preventative spending is stable
• The usage of cyber risk insurance is up
• The proportion of victims reporting cyber security incidents to police services increased in 2023

September 2024 Issue of Governance and Recordkeeping Around the World

The Governance and Recordkeeping Around the World newsletter, published by Library and Archives Canada, highlights issues pertaining to government and recordkeeping practices in the public and private sectors around the world.

The September 2024 issue has just been published. 

It includes:

• news items from Canada and around the world
• announcements of upcoming Canadian and international events (meetings, conferences, seminars)
• project and product news in areas such as digitization, archives, open source, e-government, access to information etc.
• listings of papers and readings (white papers, presentations, reports)

Clarivate Report on Artificial Intelligence in Libraries

Library software company Clarivate has published its Pulse of the Library 2024 report based on feedback from 1,500 respondents from across the world, covering academic, national and public libraries:

According to the report:

• Most libraries have an AI plan or one in the works - Over 60% of respondents are evaluating or planning for AI integration.
• AI adoption is the top tech priority - AI-powered tools for library users and patrons top the list of technology priorities for the next 12 months, according to 43% of respondents.
• AI is advancing library missions - Key goals for those evaluating or implementing AI include supporting student learning (52%), research excellence (47%) and content discoverability (45%), aligning closely with the mission of libraries.
• Librarians see promise and pitfalls in AI adoption - 42% believe AI can automate routine tasks, freeing librarians for strategic and creative activities. Levels of optimism vary regionally. 
• AI skills gaps and tight budgets are top concerns - A lack of expertise and budget constraints are seen as greater challenges than privacy and security issues - Tight budgets: Almost half (47%) cite tight budgets as their greatest challenge. Skills gap: 52% of respondents see upskilling as AI's biggest impact on employment, yet nearly a third (32%) state that no training is available.
• Regional priorities differ - Librarians' views on other key topics such as sustainability, diversity, open access and open science show notable regional diversity.

Clarivate is the purveyor of library technologies such as Sierra, Innovative, Alma, Primo, ProQuest, Web of Science and Journal Citation Reports.

Canadian Association of Law Libraries Webinar on Social Media News, Psychological Biases, and AI

The Canadian Association of Law Libraries (CALL) is hosting a webinar on October 7, 2024, 12:00PM - 1:30pm EDT on A Perfect Storm: Social Media News, Psychological Biases, and AI:

"In an age where news information is created by millions and consumed by billions over social media (SM) every day, issues of information biases, fake news, and echo-chambers have dominated the corridors of technology firms, news corporations, policy makers, and society."

"In this context, the speakers will:

1. Explain information bias anchoring (IBA);
2. Put IBA in the context of social media news and how it creates an information deluge leading to uncertainty;
3. Discuss how technological rationality and individual biases intersect to mitigate the uncertainty, often leading to news information biases;
4. Explore how bad actors in society might be able to manipulate IBA to achieve nefarious ends."

The speakers are  Mark Whitmore, Associate Professor at Kent State University’s Department of Management and Information Systems; Dr. Pratim "Pratt" Milton Datta, Professor of Information Systems in the College of Business at Kent State University; and Dr. Joseph K. Nwankpa, Associate Professor in the Department of Information Systems & Analytics and the Director of Cybersecurity Initiatives at the Farmer School of Business at Miami University, Oxford, Ohio.

The webinar is free for CALL members. 

Cost is $50.00 for non-members and $15.00 for student non-members.

Article on Ability of Voice Assistants and Generative AI to Respond to Reference Questions

The September 2024 issue of The Journal of Academic Librarianship has published an article by 2 McGill University librarians on Comparing generative artificial intelligence tools to voice assistants using reference interactions:

"This study investigates the ability of voice assistants and generative AI tools to respond to reference questions traditionally received by academic librarians. The authors created a sample of 25 questions based on queries received on the virtual reference service at their institution. They then created a rubric to evaluate the quality of the answers that the AI powered tools provided. The authors determined that the tools understand reference questions well and provide relevant answers but that the quality of the references provided, and the accuracy of the answers can be lacking. They suggest that more research needs to be done to understand the place of AI powered tools in reference services (...)"

"Conclusion:
 Given the increasing presence of voice assistants and the near constant improvements to generative AI tools like ChatGPT, librarians may express a fear that users would employ them instead of using more traditional reference services. While Google Assistant performed well in responding to reference inquiries, it is interesting to note that most of the references that it recommended were academic library guides. It could be of interest to investigate how often voice assistants rely on library resources to provide answers. Even though voice assistants can provide an interesting starting point for research questions, this study shows that they should be used in conjunction with traditional reference services. As for ChatGPT, it can understand prompts and provide relevant answers but its inability to cite authoritative sources creates issues with reliability and authority. Perhaps other uses should be explored for these tools such as brainstorming or explaining concepts. Future studies could also explore how AI tools can be used in the provision of reference services in partnership with reference librarians."

British Columbia Law Institute Report on Artificial Intelligence and Civil Liability

The British Columbia Law Institute recently published a Report on Artificial Intelligence and Civil Liability that explains how the current law of tort needs adapting to new realities.

Artificial intelligence raises complex issues when it comes to assigning liability for harm to humans, to their property or to other interests.

The report comes out against assigning strict liability for harms produced by artificial intelligence. Under strict liability, there is no need to prove fault on the part of a defendant. Only causation and damage need to be proven.

The authors prefer adapting ideas relating to product liability (p.44):

"The Project Committee considers that product liability law in the common law Canadian jurisdictions provides some answers regarding a just and balanced theory of liability while avoiding the difficulties of the other approaches discussed above. The principles concerning duty of care under product liability law may be applied by analogy to cases involving artificial intelligence without the need to take a definitive position on whether artificial intelligence itself may be characterized as a product."

"We would look to product liability law in regard to the liability of potential defendants situated “upstream” in the chain of events leading to litigation. Upstream defendants would be those involved in the design, development, training and testing of artificial intelligence systems prior to the point at which the systems are placed on the market or deployed in actual use. The liability of “downstream”  defendants, namely operators and other end-users, involves different considerations and is discussed later."

"A developer of a complete system that employs artificial intelligence may be realistically compared to a manufacturer of a complex product with numerous integrated components (...)"

"Product liability law recognizes a duty of care on the part of manufacturers and others who place a product in the stream of commerce towards anyone who may reasonably be foreseen to be at risk of damage or injury if the product is unsafe, not only towards those who acquire the product or who deal in some manner with the manufacturer."

American Libraries Releases 2024 Library Systems Report

The magazine American Libraries has released the 2024 Library Systems Report, its most recent annual report on the worldwide library technology industry.

"The library technology industry had a quiet year in 2023. But in the absence of major business moves and acquisitions, companies set their sights on executing strategies to strengthen their market position."

"Previous cycles of business consolidation have yielded a layered landscape with distinct levels of competition. At the top, a handful of large organizations with considerable resources—Clarivate, EBSCO Information Services, Follett School Solutions, and OCLC—continue to expand their portfolios, covering multiple business sectors and library types. Middle-tier companies, including Axiell, ByWater Solutions, The Library Corporation (TLC), and SirsiDynix, offer growing suites of products used by thousands of libraries. And finally, a group of smaller companies round out the industry, covering specialized libraries with niche products and services."

"Competition at each level remains vigorous. Libraries may have fewer product choices because of past acquisitions, but the options remaining are distinctive. Most libraries can choose between for-profit and nonprofit vendors, and between proprietary and open source products. For instance, academic libraries can pick from a short list of library services platforms (LSPs), including a proprietary solution from a for-profit company (Alma), an open source product supported by for-profit companies (FOLIO), or a proprietary product from a nonprofit organization (WorldShare Management Services)."

"Libraries see their technology vendors as strategic partners. They are increasingly purchasing core products from a single provider, rewarding companies’ efforts to create suites of integrated applications that function more efficiently than mix-and-match offerings. These days, libraries expect third-party integration from their products—but they generally acquire new components from a single main vendor."

The report is written by Marshall Breeding, a well-known library tech expert. He also edits the Library Technology Guides website and produces the annual international Library Automation Perceptions Surveys.

Stanford University AI Index Report 2024

The AI Index Report developed at the Stanford Institute for Human-Centered Artificial Intelligence at Stanford University in California is an interesting resource to help track developments in the field.

The 2024 edition has just been published.

"Welcome to the seventh edition of the AI Index report. The 2024 Index is our most comprehensive to date and arrives at an important moment when AI’s influence on society has never been more pronounced. This year, we have broadened our scope to more extensively cover essential trends such as technical advancements in AI, public perceptions of the technology, and the geopolitical dynamics surrounding its development. Featuring more original data than ever before, this edition introduces new estimates on AI training costs, detailed analyses of the responsible AI landscape, and an entirely new chapter dedicated to AI’s impact on science and medicine."

"The AI Index report tracks, collates, distills, and visualizes data related to artificial intelligence (AI). Our mission is to provide unbiased, rigorously vetted, broadly sourced data in order for policymakers, researchers, executives, journalists, and the general public to develop a more thorough and nuanced understanding of the complex field of AI."

"The AI Index is recognized globally as one of the most credible and authoritative sources for data and insights on artificial intelligence. Previous editions have been cited in major newspapers, including the The New York Times, Bloomberg, and The Guardian, have amassed hundreds of academic citations, and been referenced by high-level policymakers in the United States, the United Kingdom, and the European Union, among other places. This year’s edition surpasses all previous ones in size, scale, and scope, reflecting the growing significance that AI is coming to hold in all of our lives."

Association of Research Libraries Report on Evolving AI Strategies in US and Canadian University Libraries

The Association of Research Libraries (ARL) has published a new report on Evolving AI Strategies in Libraries: Insights from Two Polls of ARL Member Representatives over Nine Months.

The ARL is an organization of more than 100 research libraries at major universities in Canada and the United States.

Close to half the member institutions completed the surveys conducted by the Association. A first survey was conducted in April 2023 and a second one in December 2023.

"The survey was designed to elicit both structured and open-ended responses, allowing members to share their perspectives on key aspects concerning AI in libraries (...) The primary areas of focus include their views on the potential impact of AI on library services, the extent of current AI exploration and implementation within their libraries, and the identification of potential AI applications that they find most relevant. The survey instrument did not change significantly between the April and December survey periods. We did add a few answer choices to reflect new uses of AI in library infrastructure and services. Overall, this methodological approach offers a nuanced understanding of the research libraries’ views, enabling a comprehensive analysis of their attitudes, strategies, and anticipations regarding AI integration in the library environment."

Canadian Association of Law Libraries Upcoming Webinar on Data Analytics

The Canadian Association of Law Libraries (CALL) is hosting a webinar on Tuesday, April 16, 2024 at 1:30-2:30 ET on Introduction to Data Analytics.

The speaker is Sarah A. Sutherland, Parallax Information Consulting:

"Information professionals often perform basic data analytics, scrutinizing what has happened in the past, as part of the decision-making process and to optimize operation efficiencies, among other reasons. In this session, attendees will obtain a general overview of the different types of data analytics and the circumstances in which each can be utilized. They will also gain an understanding of the forms of data analysis that law firms are/should be implementing, and the benefits of doing so. Attendees are encouraged to share their experiences. What internal data analysis is your employer implementing? What legal data are you being asked to track down and what data analytics resources do you subscribe to?"

The CALL National Office will soon send out the registration link.

Canadian Association of Law Libraries AI Working Group Seeks Feedback

The Canadian Association of Law Libraries (CALL) set up a working group on artificial intelligence in 2023.

Its raison d'être is to develop guidance on the use of AI in legal databases.

As announced on the website Slaw.ca last week, the working group is seeking input from the legal profession.

People can fill out a simple form listed in the Slaw.ca article to share their opinions.

As the form explains, the purposes of the survey are:

1. To gather information about user needs and preference pertaining to these standards.
2. To raise awareness of this standards initiative.
3. To build consensus about user requirements.

Treasury Board of Canada Guide on Use of Artificial Intelligence by Federal Institutions

The Treasury Board Secretariat, a central agency of the Canadian federal government that develops policy on how government is managed and how it regulates, has published a Guide on the use of generative AI:

"Federal institutions should explore potential uses of generative AI tools for supporting and improving  their operations. However, because these tools are evolving, they should not be used in all cases. Federal institutions must be cautious and evaluate the risks before they start using them. The use of  these tools should be restricted to instances where risks can be effectively managed."

"This document provides preliminary guidance to federal institutions on their use of generative AI tools. This includes instances where these tools are deployed by federal institutions. It provides an overview of generative AI, identifies challenges and concerns relating to its use, puts forward principles for using it responsibly, and offers policy considerations and best practices."

"This guide also seeks to raise awareness and foster coordination among federal institutions. It highlights the importance of engaging key stakeholders before deploying generative AI tools for public use and  before using them for purposes such as service delivery (...)"

"The guide complements and supports compliance with many existing federal laws and policies,  including in areas of privacy, security, intellectual property, and human rights. The guide is intended to be evergreen as TBS recognizes the need for iteration to keep pace with regulatory and technological change."

It also comes with a very useful series of FAQS near the end of the document:

The Guide was listed in the most recent issue of the Government of Canada's Weekly Acquisitions List, a great tool for discovering new research reports published by various public bodies and agencies of the federal government. 

It is a record of all federal publications catalogued in the previous week.