GitHub Copilot uses technology from OpenAI to help generate code and speed up software development. Microsoft says that it is trained on “billions of lines of public code … written by others.”

Last month, developer and lawyer Matthew Butterick announced that he’d partnered with the Joseph Saveri Law Firm to investigate whether Copilot infringed on the rights of developers by scraping their code and not providing due attribution.

This could unwittingly cause serious legal problems for GitHub Copilot users.

“Copilot leaves copyleft compliance as an exercise for the user. Users likely face growing liability that only increases as Copilot improves,” wrote Bradley M. Kuhn of Software Freedom Conservancy earlier this year.

“Users currently have no methods besides serendipity and educated guesses to know whether Copilot’s output is copyrighted by someone else.”

Copilot is powered by Codex, an AI system created by OpenAI and licensed to Microsoft. Codex currently offers suggestions on how to finish a line but Microsoft has touted its ability to suggest larger blocks of code, like the entire body of a function.

Butterick and litigators from the Joseph Saveri Law Firm have now filed a class-action lawsuit against Microsoft, GitHub, and OpenAI in a US federal court in San Francisco.

In addition to violating attribution requirements of open-source licenses, the claimants allege the defendants have violated:

• GitHub’s own terms of ser­vice and pri­vacy poli­cies;
• DMCA § 1202, which for­bids the removal of copy­right-man­age­ment infor­ma­tion;
• the Cal­i­for­nia Con­sumer Pri­vacy Act;
• and other laws giv­ing rise to related legal claims.

The claimants acknowledge that this is the first step in what will likely be a long journey.

In a post on the claim’s website, Butterick wrote:

“As far as we know, this is the first class-action case in the US chal­leng­ing the train­ing and out­put of AI sys­tems. It will not be the last. AI sys­tems are not exempt from the law. 

Those who cre­ate and oper­ate these sys­tems must remain account­able. If com­pa­nies like Microsoft, GitHub, and OpenAI choose to dis­re­gard the law, they should not expect that we the pub­lic will sit still.

AI needs to be fair & eth­i­cal for every­one. If it’s not, then it can never achieve its vaunted aims of ele­vat­ing human­ity. It will just become another way for the priv­i­leged few to profit from the work of the many.”

AI News will keep you updated on the progress of the lawsuit as it emerges.

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Google-owned DeepMind was quietly given the personal records of 1.6 million patients at the Royal Free London NHS Foundation Trust.

DeepMind said that it was using the data to create a potentially life-saving app called Streams. The app was designed to alert, diagnose, and detect when patients were at risk of developing acute kidney injury. It’s currently in the process of being decommissioned.

Several investigations were launched, including by the Information Commission that said in 2017 the hospital had not done enough to protect the privacy of patients when it shared data with Google.

Following that ruling, DeepMind apologised and said that it should have been thinking about the needs of patients rather than on building tools for clinicians.

The new case is being handled by law firm Mishcon de Reya on behalf of the lead plaintiff Andrew Prismall and the over 1.5 million other affected patients.

Mr Prismall said: “Given the very positive experience of the NHS that I have always had during my various treatments, I was greatly concerned to find that a tech giant had ended up with my confidential medical records.

“As a patient having any sort of medical treatment, the last thing you would expect is your private medical records to be in the hands of one of the world’s biggest technology companies.

“I hope that this case will help achieve a fair outcome and closure for all of the patients whose confidential records were obtained in this instance without their knowledge or consent.”

In the UK, such cases are “opt-out” which means all impacted parties will be included in the action unless they specifically request not to be. Given the size of the action, the overall payout for DeepMind could be large but small for each individual.

The case is just one of a growing number of high-profile cases around data collection in recent years. In April, Anne Longfield, the former Children’s Commissioner for England, filed a case against TikTok on behalf of millions of UK children over how the app collected and used their data.

Data collection is vital for training AIs that could very well save lives. However, individual privacy is also important.

Mishcon Partner Ben Lasserson, who is leading the DeepMind case, said: “This important claim should help to answer fundamental questions about the handling of sensitive personal data and special category data.

“It comes at a time of heightened public interest and understandable concern over who has access to people’s personal data and medical records and how this access is managed.”

As the UK leaves the EU it is looking to change its data laws. While the EU’s laws have often been criticised as being too strict and leaving innovation to happen outside of Europe, there are concerns that the UK could become too relaxed despite ministers’ pledges not to.

“There’s an opportunity for us to set world-leading, gold standard data regulation which protects privacy, but does so in as light-touch a way as possible,” said Culture Secretary Oliver Dowden.

Britain’s data watchdog is also getting a shakeup and will be led by John Edwards, New Zealand’s current privacy commissioner.

“There is a great opportunity to build on the wonderful work already done and I look forward to the challenge of steering the organisation and the British economy into a position of international leadership in the safe and trusted use of data for the benefit of all,” commented Edwards.

Only time will tell if the UK manages to strike a balance between the strictness of the EU and the somewhat laissez-faire approach taken by many of the world’s powers. However, the cases against DeepMind and others show that a modernisation of laws and thinking is needed to unlock the potential of AI to improve/save lives while protecting individual privacy.

(Photo by Tugce Gungormezler on Unsplash)

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