Big data. Artificial intelligence. Proprietary algorithms. These capabilities today help drive disruption in all kinds of businesses, and are keys to a promising future.
These technologies all help businesses to drive more decision-making processes and analysis within software. In turn, this helps to make the business more agile and scalable – and can also eliminate built-in human bias and guesswork. Perhaps most important, these technologies often include the ability to learn and improve as more decisions are made, so they can improve over time.
But what happens when the inevitable disputes occur and regulators intervene or lawsuits are filed? Normally, lawyers would dig up the facts in a process called “discovery” – obtaining information about a case from witnesses, documents and electronically stored information. However, as we leverage these advanced technologies, more of this business activity takes place within software. The traditional trail of emails, telephone calls, discussions and documents may be gone. Instead, we are left with electronic pulses running through a computer, all based upon the latest version of software. And that software itself changes on the fly as it learns, so even its original developers may have only partial information on what is taking place.
In this new paradigm, how do we guarantee justice and compliance? There are no easy answers but it’s something that regulators, lawyers, business people and especially coders need to consider in the years to come.
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