Artificial Intelligence: The future is now

Maya Medeiros (Norton Rose Fulbright)

Jodie Wallis (Accenture Inc.)

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Speakers

Maya Medeiros Partner

Norton Rose Fulbright

Vancouver

Ms. Medeiros’ practice focuses on

the creation, protection,

management, monetization and

enforcement of intellectual

property assets in Canada, the

United States and around the

world.

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Jodie Wallis Managing Director,

Artificial Intelligence

Accenture Inc.

As the head of Canada's AI

practice, Jodie is responsible for

bringing innovation and global AI

expertise to Canadian clients

across all industries, expanding

Accenture’s business presence in

the AI space, and attracting top

talent to our company of 411,000

employees.

What is AI?

What is the

impact on

Industry?

What are the

AI ethical

issues?

What are the

key AI legal

risks?

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Unlocking AI

value

AI is a field of computer science that includes machine learning, natural

language processing, speech processing, expert systems, robotics, and machine

vision.

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Methodologies

Machine learning

• Automating decision-

making using

programming rules and

training data sets

• Human subject-matter

experts provide feedback

on results as part of a

training process

• Can adapt its

programming based on

the training and feedback

Deep learning

• Use of multiple layers of

abstract representations

of data to optimise the

machine learning process

Supervised learning

• Labelled training data

examples are used to

infer functions that can be

used for processing new

data

• Computer can predict or

‘guess at’ the meaning of

new data based on the

training data set, graph

and network structures,

and feedback

Unsupervised learning

• Labelling data based on

inferences about its

structure and identified

features

Reinforcement

learning

• Rules to control software

action in an environment

to maximise a reward

• May not need training

data examples with

labelled data sets

AI methodologies

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Energy sector

7

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Infrastructure, mining and commodities sector

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Financial institutions sector

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Life sciences and healthcare sector

10

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Technology and innovation sector

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Transport sector

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What are the ethical issues?

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For AI to be accepted for use in a given market (for example, by achieving sufficient end user uptake), as a matter of commercial reality the

use of AI will need to be perceived by the participants in that market as meeting certain minimum ethical standards. What these are will vary according to the type of AI at issue

and the relevant sector in which it is deployed.

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Ethical AI requires …

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Transparency Accountabilit

y Human rights/

values

What are the key legal risks?

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Emerging

technologies

Regulatory breach

Will any regulations apply

that could be relevant in

relation to a business’s

development or use of AI

(including environmental and

health and safety

regulations)? Are new

regulations likely?

Are there any human rights

or reputational

considerations that the

business ought to take into

account?

Data privacy

Do any data privacy / data

profiling issues arise in

connection with the

business’s intended use of

AI?

Cyber security

Is there a risk of cyber

intrusion in relation to the AI,

and who could incur loss as

a result?

Insurance

Has the business reviewed

its insurance position in

relation to its development or

use of AI?

Key legal risks

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Human rights/reputation

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Supply chain impact

Does the development/use of

AI by the business change

which AI supply chain

participant(s) may be

potentially liable in

connection with it, compared

with how liability is typically

allocated now?

Civil liabilities

What types of civil liabilities

might arise for the business,

or in connection with its

supply chain?

Consumer impact

If consumers could be

affected by AI developed or

used by the business, could

the use of AI in relation to

consumers adversely affect

the liability profile of the

business?

Contractual implications

Might any such liabilities

need to be reallocated by

new contractual liability or

indemnification schemes

where appropriate?

Criminal liability

Is there a risk of criminal

liability for the business in

connection with the emerging

technology?

Key legal risks (cont’d)

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Emerging

technologies

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Emerging

technologies

Key legal risks (cont’d)

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HR/bias

Does the intended use of AI

raise any employment law

issues, or issues of bias in

relation to the business and

the provision of its goods,

services and facilities?

IPR

What steps does the

business need to take to

protect IP rights in

connection with any AI it

develops, and to protect itself

from IP infringement claims

in its use of AI?

Antitrust

Does the business’s use of AI

give rise to any competition /

antitrust issues?

Humans in loop

Is there any scope for the AI

product to provide that a

human has the power to

intervene before decisions by

the system are finalized in

order to check them, or to

override them afterwards?

Design team

Has the business made its AI

product design/development

team aware of the need to

factor the issues above into

the pre-product design phase

of an AI project?

1. Accenture Research. CBInsights Moneytree Report. 2. Pitchbook Inc. 2018

Disclaimer: Categorization is directional only. Based on an analysis of 350 Canadian companies by Accenture internal research.

Copyright © 2018 Accenture. All rights reserved.

CANADIANAISTARTUPLANDSCAPE LAST UPDATED – May 2018

OIL & GAS

INFRASTR

UCTURE

MARKET &

INSIGHTS

INSURANCE &

FRAUD

TRADING & INVESTMENTS PERSONAL

& OTHER

HR &

PRODUCTIVITY

ANALYTICS &

ML

CUSTOMER

SERVICE

MARKETI

NG

MANUFATURI

NG

COMPUTER

VISION

KNOWLEDGE GRAPH & DEEP

REASONING

SENSOR PROCESSING &

OTHER

AUDIO & TEXT

PROCESSING

MACHINE LEARNING &

ANALYTICS

TECHNO LOGIES

ENTERPRISE

FINTECH

INDUSTRIAL

PERSONAL

HEALTHCARE

EDUCATI

ON

SHOP & ENTERTAIN

AS

SISTANT

MONITO

R

RESEAR

CH

DIAGNOSTICS

ASS

ISTANT

CLEANTECH

FIVE LEVERS TO CREATE VALUE FROM AI

Each AI value lever can deliver tangible benefits to the enterprise

INTELLIGENT

AUTOMATION

Deploy cognitive

capabilities on top of

traditional automation

technologies to

achieve self learning,

greater autonomy and

flexibility.

Results include more

efficient processes,

activities, and

services.

IMPROVED

INTERACTIONS

Deliver superior

experience to

customers and users

based on hyper-

personalization and

curation of real-time

information.

On top of overall

satisfaction

improvement this can

also generate greater

acquisition and

retention rates among

customers.

INNOVATION

DIFFUSION

Use AI to enable a

new class of products

and services – that

use AI to enhance the

product development

lifecycle and create

new businesses.

Results include

increased speed with

which new products

and services are

designed and

delivered.

DEEPENED

TRUST

Build trust with

customers and within

the organization

through the use of AI,

to more effectively

prevent and detect

anomalies.

AI provides the ability

to significantly reduce

false positives, which

further improves

efficiency.

ENHANCED

JUDGEMENT

Leverage AI

capabilities to

augment human

analytical and

management

capabilities.

Results include

improved quality and

effectiveness of

prediction and

decision making.

DISRUPT LEGACY MODELS TO GAIN

ADVANTAGE

• Determine integrated solution

portfolio approach for the

organization that combines

hypothesis, capability and

innovation-led methods

• Identify key performance

metrics that measure

progress in emerging areas

• Revisit business mandates to

embed innovation at the

heart of the organization

RETHINK THE INNOVATION

CYCLE

PREPARE THE NEXT

GENERATION

ADVOCATE A CODE OF ETHICS

• Identify skill requirements in

core AI, as well as supporting

roles

• Leverage AI to power new ways

of delivering training

• Determine partnership

approaches that will augment

the workforce of the future

• Engage with government and

policy makers to align the

education system with the

needs of the new economy

• Identify elements of a

Responsible AI policy that

apply to the organization,

including fairness,

accountability and

transparency

• Align data privacy and

security efforts with AI-

powered innovation

• Assemble multi-disciplinary

team to tackle key issues

Questions

& answers

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Contacts Maya Medeiros

Partner, Norton Rose Fulbright

maya.medeiros@nortonrosefulbright.com

www.aitech.law

Jodie Wallis

Managing Director, Artificial Intelligence

jodie.k.wallis@accenture.com

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