Petition for Writ of Certiorari — Meghan Kelly, Petitioner v. Disciplinary Counsel Patricia B. Swartz, et al.

Supreme Court briefOct 18, 2023

Ask Donna

What actually matters in this document.

Text

Exhibits on an Agenda to

Eliminate people in the law to eliminate the law to

eliminate the government that restrains entities from

getting as much as they can for as little unrestrained from

the just rule of law from oppressing,

killing, stealing or

destroying human life, liberty or health for the bottom line

eens

_ ’

ROR

a ae

PAPAS SO WTUBGLVEIAT UB y

gos weaves 2 astersan. Kaye Ellen rit He. eatin. .

MW oy | ued te live and work in the

308 8 eer alome.com (anox graduated from | area unit hisdeath,

eee Howard High Sehoot ang larence ig Survived

Lincoln University, He re- | son, Clarence Jarrett, Jr:

celved an honorable «dig g i

ges

poe

@ WAS a8

' RICHARD KURT GOrt,

AGE: 76* FEN WHE ISLAND

|] Richard Kurt c

P| Of Fenwick islang

day, Jume 12, 2616

General Hospital

torney for over 50 years in

7 Wilmington Delaware, Sus.

Sex County Delaware

Havre de Grace, Maryland,

He is survived by his ;

Nancy M. Goll of Fenwick

Island: a son, Richard x.

Goll Jr. and his wife Jenni.

fer of Selbyville: a daughter,

Cynthia G. Smith of Severna | *

Park, MD; two brothers Eu. |

In lieu of flowers, dong. | 10

betes Assoclation (diabetes.

OPE) or te the Sepsis Allance

Wall Jackson,

Monday Cinh, In

Ware Afro.4

and listening to

@ was 2

Goll, age 76, |

died San-

ing over 40 years with the 2 ;

US. Post Office, His friends | Fred (Valerie) Jarratt and

there often called him Stone. Earns rr

Lenox was a member of the

oor “nd, Ine, and he

Was inducted into the Dela- | Hi

erican Sports

espected ar.

and

wife,

DESMOND JONES

Cathedral of Frasj-

1 vial Park.

Congofuneralhome.com

302,652, 8887

AGE: 68» Ninw CASTLE, DE

Mr. Jones departed this

life Jume 09, opig. Funeral ||

AM, Sat. June isth at

2309 Northeast Bivd.,, Wikn,

DE: viewing 8-9:45am. only. | |

Burial, Gracelawn Memo.

three Srandehildren, Isaiah,

Life will begin at 11:00 am

_. Interment

co @eryane for ai]

The acts of kindness

SHOWN fo tes

During our bereavement.

Youmay

Have sent q card, gave

monetary or -

_ Feed donation,

volunteered your time

Or talent # was Steatly §

appreciated oF

God bless vou all

. Loretta Baise and {

CONGO FUNERAL HOME

delawareonline

reteset tenineneonageniee eps

Local 1709 at Dover Air Force Base. with the addition of two words: * mo ictus les eee ss teas

* a + "pro~ “ans on both sides of the aisle with th

Letters : We have three children and four rand. hibire discrimination because Of race, issue, :

Continued trom page ATs children, toler, sey, teligion, polition! view or na- Unfortunately, the quagmire is not

in criminal Prosecution, While there In the end, ne amount of technology, tignad origin, imited te immigration. She has a very

will always he a need for fraud investi- Sontracting or delegating that can re-

Ration, | will advocate for fraud preven- _ place *xperience, leader ship and Marton and actively Participate in taining — agement specific to the field of stare

appears to he the definition of x ‘ates~

that supports good liseal operations for auditing and investigating. As you re- Keeley responds dom Politician. Term fimirg ‘mah cer~

the various entities that collect and re- Search the candidates, Please consider ay tainly be a grear Step toward getting

ceive state funds. the need for state auditing qualifications Drevious letters things done in Washington, especially

Ay goals are to ensure timely com- and &xperionce prior to the “upcoming Editor. SINCE Our representatives in both nariieg

Pletion of audit mandates; to support elections, : Tam writing in response to number currently seera to Spend most of their

the elimination of significant noncom- Thumbly ask for your vote in the of letters in the June 29 Coastal Point. efforts at Betting reelected!

Pliance, fraud and waste based on Thursday, Sepr. 6, primary. First, Joya Elting’s stemingly arags Fourth and laze, Henry R. Hensel

elearly defined criteria: to perform fl. Kathieen Davies Misinterpretutions of the Second States thar he believes that our political

low-up of prior unresolved findings and Candidate for Delaware Auditor of Accounts Amendment, the NBA and President strife will end. 1 however, da not see

commendations: and to Provide pro- F er ittea Trurap’ actions are viewed as prenoster- that happening any time soon! We do

©US positions by Many of us thar Support have the choive between Parties where,

dations that SUPPort government to lessen Strife Our rights ag titizens, simply pur, one

“baparency and 800d government Second, Valerie Reeves’ denounces Ment, verses one thar believes bigger

On a personal note, f livein Dover Editar: President Trump's Policy on the en~ eee nment is the answer. Our found:

with my husband, Jerry, who is retired I would like to share with you a forcement of our laws at the border, ing fathers feared this type situation,

from 20 years of active-duty service in “quick &x" to the Problem of the politi- Even though

the Air Force, He wtently serves as the cal divide engulfing this country, #f nog tough policie

union president for the American Fed- the world... Very same to

eration of Government Employees, . Rewrite the Civit Rights Acc 0f1964 looked by O}

i also mentions

The Lastes: trom the

Off Phe Hook Restaurant Group...

aMas fawning media. She so-called news

“due process," which ] be- radio, TV and Rewspapers, But thar is

Heve requires citizenship. Detention oF easier said than done, and then where

People entering our country illegally, would we he?

with or without children, is certainly

RECESSAtY to protect our borders and, in

the long run, our country,

Third, Diane Meyer asks for term Cantidate discusses

he's following the same and it seers they were corrace!

Sas President Obama, The Ido agree with Mr. Hensed’s suiggesugh policies that Were over- tion that we turn off the 24/7 barrage of

thrown at ux by the

Thomas M, Keeley ttt

Ocean View

ye , :

- A | limits while notin the immigration

“| S ict ¥

ol Rf % a. Wagmire currently strangling our Con- litle Companies issues

Editor:

8ress. A solution to the immigration

9 “ we ay: quagmire was one of President ‘Trump's My name is Meghan Kelly. Tam an

DRINK Bessa

Pe RAL problems with the Professional polis. See LETTERS page a1g

OY ayy

A ticle ct wd

hee

Als _ Coastal Point

418 July 6, 2018

| Letters tions if errors are not fixed. So, 1 ‘Thank you for supporting me in

i sought to correct this by discussing serving you.

! Continued from page A16 ae with the real estate section of the Meghan Kelly

mE | seocney rua forthe Howe of Rep Selb oon

NA mSmcg] §— | Tertatives in che 38th District which geo deaf rales ben tee i

yiue | includes Frankford, Selbyville, Ocean ibwibes Gk a ne Steele weighs in

| View, Bethany Beach and parts of ipaniiae be aes imate letiers

FLOORING & CARPETING Piew Bet Hocker suggested we fine the title =O @WIOUS

f Editor:

KITCHENS & BATHROOMS

One of the reasons why I am running is, two years ago, I found a problem that no one cares to fix. I care.

I found a lot of money not getting

taxed by the State of Delaware selaring to out-of-state real estate dtle insurance companies. 1 contacted

various people and entities in an attempt to resolve the issue; however, to

date, no one has addressed the problem. So, | am stepping up to confront

the issue and to correct the problem.

Tt appears out-of-state title compa~

nies have heen practicing Delaware

law without a license for more than a

ACING + decade, I talked with other real estate

AVAILABLE . attorneys and discovered this has been

Wiad Sid a common practice for many years;

> The problem arises, real estate attomeys gain work from those same

title companies. So, they fear they will

lose profit should they confront this

misunderstanding.

The out-of-state title companies do

es : + Mid

; : : not pay income tax in Delaware. So,

410-524 RUGS (7847) the State of Delaware is not receiving

www.ByTheOcean.net income tax for this work. In addition,

Showroom Hours: | this has caused errors in the chain of

Manda . > te title for deeds. So, good tithe may not

Sunday by nn Y only be transferred in real estate transac-

KL ao

}

: ss i , ¢ 4 : : a a — _

ik { . keg + 4\ o {Aw yar \ d ) bs [fa Oy nl ig Jd

Odtok State THe Companies ave;

re al estate | fiw wit he Y ‘ a

chain of 4ile, Costin

| f

edverleye oO

iCense Mess ( ng fly

f i pe {ye y , are | +takt i

fowy ts

companies for exceeding the scope of

their license. 1 think Mr. Hocker’s idea

is an excellent one.

t contacted legislators concerning

this, but to date this problem has not

been alleviated.

Thus, | strongly urge the Delaware

Assembly to draft laws to clearly address this problem hy giving notice to

those out-of-state tithe companies

with a license to sell title insurance

the scope of the activities they may receive payment for in the State of

Delaware. Should they exceed the

scope, unless authorized permitted by

law, fine them a specified amount of -

money.

The clarification will assist tide

companies in performing their work

in accordance with Delaware Supreme

Court case law. In addition, this cerrection will prevent the legislators

from stepping on the Delaware

Supreme Court's toes by discussing

the unauthorized practice of law.

Thank you for your kind consideration. As a future legislator, I hope to

participate in this correction, but J am

running not only to win — J am running to make a positive difference in

the community I grew up in and love.

aetna ie aanenses

This letter is to answer three letters

published June 29.

First, ro Mr. Ewing: Your comments

about President Trump and the crying

little girl on the cover of Time magazine

is flat-out wrong. That little girl was

crying because she was lost for a few

minutes from her family and her father

Found her just after that photo was

taken. She was immediately reunited

with her mother and father. Let's face it,

wher will Time magazine or you care to

state the facts correctly?

Secondly, what does the Second

Amendment have anything to do with

illegal immigration? Maybe you are

confused and do not know what the

Second Amendment is about, basically,

the right to bear arms, And that is what

the Americans, who live along our

southern border, are doing to protect

themselves from armed gang members

from Mexico plus the drug and human

smugglers crossing the border,

You ask the question, “Whose side

will you defend?” My answer: Always

the Constitution! How about you?

Second, te Mr. Hansel: Thank yout

Sea LETTERS page A2G

lie oy eHeere/ fafleag? .

Web Site https://www.thevenusproject.com {faq /how-can-the-use-of-laws-beeliminated /F~stext=When%20Earth%E2%80%99s% 20resources% 20are% 20seen%20as%20the%20com

monagainst#20abuse% 20could%20be%20designed% 20into% 20the% 20environment.

H. » How can the use of Laws be eliminated?

AMET OA EO WA A

ENUS-PROJECT

E 17 ae &

EVYENUGRPROIECT com

How can the use of Laws be eliminated?

Today we try to control human behavior by enacting laws or signing treaties

without changing the physical conditions responsible for aberrant behavior.

When Earth’s resources are seen as the common heritage of all people, irrelevant

laws and social contracts will vanish.

In a resource-based economy, social responsibility would not be a function of

artificial laws or force. Safeguards against abuse could be designed into the

environment. An example of this is the proposed design of cities where people

have free access to resources without debt. This would eliminate theft, Such

measures are not a matter of passing and enforcing laws to prevent and punish

abuse. Rather, they are a means of designing the flaws out of any social venture,

thus eliminating the need for many laws.

We are proposing doing away with the systems that cause corruption and human

suffering in the first place. In a city with safe, clean, mass transportation, we do

not need police to monitor drivers’ speed, behavior at stop signs, or proper

papers.

Other examples are the air and the water. Although both are necessary to our

well-being and survival, there are no laws regulating how many breaths are

taken per hour because we have such abundance at this time. No one monitors a

gushing spring to see how much water is taken from it, although fresh water is

absolutely necessary for the support of life. If it is abundant, no one monitors it.

I must emphasize that this approach to global governance has nothing in

common with the present aims of an elite few to forma world government with

themselves at the helm, and with the vast majority subservient to them. This

newer vision of globalization empowers every person on the planet to be all they

can be, without living in abject subjugation to a corporate governing body.

A society with human concern “designs out” laws and proclamations by making

all things available to all people, regardless of race, color, or creed. When

governments make laws, we are led to believe that these laws are made to

enhance people’s lives. In truth, laws are byproducts of insufficiency.

The question is, “can we grow beyond thinking that “someone” has to make

decisions for us?”

A better understanding of natural law involves human’s relationship to the

environment, which supports all life. All of nature is subservient to natural law.

Natural law cannot be violated without serious consequences to individuals or

societies. Natural laws dominate all living systems. For example, without water,

sun, or nutrients, plants and animals die.

An environment of scarcity, hunger, and poverty is a threat to everyone.

O41 19

reraword t — Satya Nadella: CEO of Microsoft :

Shaping th

: -.Future of

: ‘.

the Fourth

os ®

“oo °. — .

“indasttal \

*e -. ‘

“2

. *. ® *

és -

Eounder and Executive Chairman, World Economic Forum

with Nicholas Davis

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 2 of 386 PagelD #: 16521

Shaping the

Future of the Fourth

Industrial Revolution

A Guide to Building a Better World

Klaus Schwab

With Nicholas Davis

CURRENCY

NEW YORK

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 4 of 386 PagelD #: 16523

Published in the United States by Currency, an imprint of the Crown

Publishing Group, a division of Penguin Random House LLC, New

York.

currencybooks.com

Originally published by World Economic Fund, Geneva, Switzerland,

in 2018.

CURRENCY and its colophon are trademarks of Penguin Random

House LLC.

Library of Congress Cataloging-in-Publication Data is available.

ISBN 9781984822611

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 93 of 386 PagelD #: 16612

that not only have commercial value but also serve the public good.

We must avoid the tendency of past industrial revolutions to treat the

natural world as a sink for the costs of emerging technologies. This

will not be easy, yet leaders have no other choice than to manage the

externalities of the Fourth Industrial Revolution so unintended

consequences are carried collectively rather than concentrated on

vulnerable populations or, via environmental damage, on future

generations. Given the fragility of the Earth’s biosphere after three

previous industrial revolutions, the cost of failure is simply too high.

Society and citizens

In addition to their geopolitical and environmental impacts,

technological revolutions can affect the social landscape by altering the

skills needed to be deemed successful. For example, the third Industrial

Revolution improved the lives of knowledge workers, making them

better off than the factory workers who had seen their living standards

increase during the second Industrial Revolution. The famous elephant

graph by economist Branko Milanovié (Figure 10) shows how the

distribution of global income changed between 1988 and 2008: the

benefits bypassed not only the very poorest but also those around the

80th percentile globally, the lower-middle class in advanced economies.

There, many industrial workers have joined “the precariat,” facing lives

of insecurity and stagnating wages. Now, increasing automation has the

potential to change who benefits once again.

aid

2000, Goldman Sachs’s New York off employed 600 traders. In

2017, only two equity traders were left, supported by automated

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 128 of 386 PagelD #: 16647

There is also the fact that secure, anonymous, programmable networks

could lower the cost of criminal activity. The same protocols that allow

for smart contracts to protect the interests of individuals through

encryption also allow consortiums to perform illicit activities, such as

illegal drug trading, human trafficking, fraud, and more.?° Another

issue is the accessibility of the technology itself. While bitcoin

“wallets” are becoming easier to access and use, few mass or

widespread incentives exist for individuals and organizations to accept

the switching costs of moving to blockchain-enabled platforms. The

lack of abundant platforms and intuitive applications, though they are

not far away, poses another barrier.

A Technology for Trust

By Carsten Stécker, Head, Blockchain Competence Team, innogy

SE, Germany, and Burkhard Blechschmidt, Head, CIO Advisory,

Cognizant, Germany

Historically, trust was added on to products or transactions as they

flowed through the manufacturing supply chain. Physical, or

electronic, records trailed every object to prove its origin,

destination, quantity and history. Producing, mee and verifying

all this information imposes a massive “trust tax” apie time and effort

on _ accounte

Important ir formation could be lost, ere or even

| intentionally hidden.

Rew a _apiiaishe 3

ee aS:

AS the F eer Pecctastrial ech unfolds, blurring the line

between the physical and digital worlds, blockchain is emerging to

allow digital product memories to follow physical objects and guide

Sy desi Ke

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 177 of 386 PagelD #: 16696

based on situational context and to generalize without having to train

through vast data pools, but this is not yet possible. New technologies,

such as quantum computing, may be able to change how AI

applications interrogate problems and learn from feedback loops,

potentially mimicking human cognitive appreciation of the world. If so,

they could bring economic benefits by eroding human error and taking

over synthetic tasks that lead to fatigue.

Even without such breakthroughs, progress is quick and hopes are high.

Robots are being developed to travel to Mars, to assist nurses and even

to build themselves.'°' Swarms of tiny robots, controlled by AI in the

cloud, may someday feed data via AI applications to centralized servers

capable of coordinating tasks and deploying resources.

studies and ‘dasnostic i images will change these professions. And while

AI is busy improving itself, robotics’ industry spending is set to exceed

$135 billion in 2019, nearly double its 2015 figure.!5? Not only will

vehicles lose their drivers, the vehicles themselves are likely to be built

by robots, especially since the automotive industry is the number one

buyer of automated robots (Figure 17).!*

Figure 17: Number of Multipurpose Industrial Robots (All Types) per 10,000

Employees in the Automotive Industry and in All Others, 2014

Case 1:21-cv-01490-CFC Document 133-3 Filed 04/26/23 Page 183 of 386 PagelD #: 16702

fully automatable. Instead, as analysis by AlphaBeta has shown,

the biggest impact of AI and robotics on the future of work will

be the automation of a range of repetitive or technical tasks,

freeing up people’s time for more interpersonal and creative

work.

10. The impact of AI and robotics depends on how we adopt them.

The way that AI and robotics systems are applied by

organizations to real-life problems is the primary driver of their

impact. This means that, as AI and robotic systems become

more powerful and capable, the decision-making processes for

boards and managers in determining where and when to use

them also rise in importance.

Five key ideas

1. AI has improved rapidly in recent years due to machine-learning

techniques that take advantage of the increase in available data,

sensors and processing power. Machine learning has reached a

level where it is capable of mimicking close to (or better than)

human-level interaction in constrained scenarios involving areas

such as gameplay, customer service queries, medical diagnostics

and the navigation of autonomous vehicles.

2. Robotic potential has increased in the last decade as AI has

begun to power new physical systems. Humans and machines,

working together, will likely begin to take over and reduce the

number of roles traditionally needed for educated or skilled

persons, such as doctors, | ers, pilots and truck drivers. This

is creating concern about the role of human expertise and to

what extent human intelligence and judgment will be needed

for many tasks that could be given over to automated systems.

The Fourth ~

Industrial

Case: 21-3198 Document: 105-13 Page:33 Date Filed: 12/02/2022

global economy would return to its previous high-growth pattern was

widespread. But this has not happened. The global economy seems to be

stuck at a growth rate lower than the post-war average — about 3-3.5% a

year.

Some economists have raised the possibility of a “centennial slump” and

talk about “secular stagnation”, a term coined during the Great Depression

by Alvin Hansen, and recently brought back in vogue by economists Larry

Summers and Paul Krugman. “Secular stagnation” describes a situation of

persistent shortfalls of demand, which cannot be overcome even with nearzero interest rates. Although this idea is disputed among academics, it has

momentous implications. If true, it suggests that global GDP growth could

decline even further. We can imagine an extreme scenario in which annual

global GDP growth falls to 2%, which would mean that it would take 36

years for global GDP to double.

There are many explanations for slower global growth today, ranging from

capital misallocation to over indebtedness to shifting demographics and so

on. I will address two of them, ageing and productivity, as both are

particularly interwoven with technological progress.

Ageing

The world’s population is forecast to expand from 7.2 billion today to 8

billion by 2030 and 9 billion by 2050. This should lead to an increase in

aggregate demand. But there is another powerful demographic trend: ageing.

The conventional wisdom is that ageing primarily affects rich countries in

the West. This is not the case, however. Birth rates are falling below

replacement levels in many regions of the world — not only in Europe,

where the decline began, but also in most of South America and the

Caribbean, much of Asia including China and southern India, and even some

countries in the Middle East and North Africa such as Lebanon, Morocco

and Iran.

Ageing is an economic challenge because un

an economic imperative that has many

economic benefits), me as the

pe s. As the population ages and there

Case: 21-3198 Document: 105-13 Page:39 Date Filed: 12/02/2022

What evidence supports this and what does it tell us about what lies ahead?

The early signs point to a wave of labour-substitutive innovation across

multiple industries and job categories which will likely happen in the

coming decades. A

Labour substitution

Many different categories of work, particularly those that involve

mechanically repetitive and precise manual labour, have already been

automated. Many others will follow, as computing power contimues to grow

exponentially. Sooner than most anticipate, the work of professions as

different as _ financial analysts, doctors, journalists, accountants,

insurance underwriters or librarians may be Part

So far, the evidence is this: The fourth industrial revolution seems to be

creating fewer jobs in new industries than previous revolutions. According

to an estimate from the Oxford Martin Programme on Technology and

Employment, only 0.5% of the US workforce is employed in industries that

did not exist at the turn of the century, a far lower percentage than the

approximately 8% of new jobs created in new industries during the 1980s

and the 4.5% of new jobs created during the 1990s. This is corroborated by

a recent US Economic Census, which sheds some interesting li ght on the

relationship between technology and unemployment. It shows that

innovations in information and other disruptive technologies tend to raise

productivity by replacing existing workers, rather than creating new

products needing more labour to produce them.

Two researchers from the Oxford Martin School, economist Carl Benedikt

Frey and machine learning expert Michael Osborne, have quantified the

potential effect of technological innovation on unemployment by ranking 702

different professions according to their probability of being automated, from

the least susceptible to the risk of automation (“0” corresponding to no risk

at all) to those that are the most susceptible to the risk (“1” corresponding to

a certain risk of the job being replaced by a computer of some sort).73 In

Table 2 below, I highlight certain professions that are most likely to be

automated, and those least likely.

This researc

O characterized by a much broader

Case: 21-3198 Document: 105-13 Page: 40 Date Filed: 12/02/2022

scope of job destruction at a much faster pace than labour market shifts

experienced in previous industrial revolutions. In addition, the trend is

towards greater polarization in the labour market. Employment will grow in

high-income cognitive and creative jobs and low-income manual

occupations, but it will greatly diminish for middle-income routine and

repetitive jobs.

Case: 21-3198 Document: 105-13 Page:49 Date Filed: 12/02/2022

is a well-worn development pathway, allowing countries to accumulate

capital, transfer technology and raise incomes. If this pathway closes, many

countries will have to rethink their models and strategies of

industrialization. Whether and how developing economies can leverage the

opportunities of the fourth industrial revolution is a matter of profound

importance to the world; it is essential that further research and thinking be

undertaken to understand, develop and adapt the strategies required.

The danger is that the fourth industrial revolution would mean that a winnertakes-all dynamic plays out between countries as well as within them, This

would further increase social tensions and conflicts, and create a less

cohesive, more volatile world, particularly given that people are today

much more aware of and sensitive to social injustices and the discrepancies

in living conditions between different countries. Unless public- and privatesector leaders assure citizens that they are executing credible strategies to

improve peoples’ lives, social unrest, mass migration, and violent

extremism could intensify, thus creating risks for countries at all stages of

development. It is crucial that people are secure in the belief that they can

engage in meaningful work to support themselves and their families, but

what happens if there is insufficient demand for labour, or if the skills

available no longer match the demand?

3.1.3 The Nature of Work

The emergence of a world where the dominant work paradigm is a series of

transactions between a worker and a company more than an enduring

relationship was described by Daniel Pink 15 years ago in his book Free

Agent Nation.** This trend has been greatly accelerated by technological

innovation.

Today, the on-demand economy is fundamentally altering our relationship

with work and the social fabric in which it is embedded. 'S

us ie “human cloud t thi rofessional activities are

s. As Arun Sundararajan, professor at the Stern School

Case: 21-3198 Document: 105-13 Page:50 Date Filed: 12/02/2022

of Business at New York University (NYU), put it in a New York Times

column by journalist Farhad Manjoo: “We may end up with a future in

which a fraction of the workforce will do a portfolio of things to generate an

income — you could be an Uber driver, an Instacart shopper, an Airbnb host

and a Taskrabbit”.27

The advantages for companies and particularly fast-growing start-ups in the

digital economy are clear. As human cloud platforms classify workers as

self-employed, they are — for the moment — free « ay

mi wages, employer t 1 soci As explained by

Daniel Callaghan, chief executive of MBA & Company in the UK, ina

Financial Times article: “You can now get whoever you want, whenever

you want, exactly how you want it. And because they’re not employees you

don’t have to deal with employment hassles and regulations.”8

e8i

For the people who are in the cloud, the main advantages reside in the

freedom (to work or not) and the unrivalled mobility that they enjoy by

belonging to a global virtual network. Some independent workers see this as

offering the ideal combination of a lot of freedom, less stress and greater

job satisfaction. Although the human cloud is in its infancy, there is already

substantial anecdotal evidence that it entails silent offshoring (silent

because human cloud platforms are not listed and do not have to disclose

their data).

Is this the beginning of a new and flexible work revolution that will

empower any individual who has an internet connection and that will

eliminate the shortage of skills? Or will it trigger the onset of an inexorable

race to the bottom in a world of unregulated virtual sweatshops’

The challenge we face is to come up with new forms of social and

employment contracts that suit the changing workforce and the evolving

nature of work. We must limit the downside of the human cloud in terms of

possible exploitation, while neither curtailing the growth of the labour

market nor preventing people from working in the manner they choose. If we

Case: 21-3198 Document: 105-13 Page:83 Date Filed: 12/02/2022

ethics.

New frontiers in global security

As stressed several times in this book, we only have a limited sense of the

ultimate potential of new technologies and what lies ahead. This is no less

the case in the realm of international and domestic security. For each

innovation we can think of, there will be a positive application and a

possible dark side. While neurotechnologies such as neuroprosthetics are

already employed to solve medical problems, in future they could be

applied to military purposes. Computer systems attached to brain tissue

could enable a paralysed patient to control a robotic arm or leg. The same

technology could be used to direct a bionic pilot or soldier. Brain devices

designed to treat the conditions of Alzheimer’s disease could be implanted

in soldiers to erase memories or create new ones. “It’s not a question of if

non-state actors will use some form of neuroscientific techniques or

technologies, but when, and which ones they’II use,” reckons James

Giordano, a neuroethicist at Georgetown University Medical Center, “The

The availability and, at times, the unregulated nature of many of these

innovations have a further important implication. Current trends suggest a

rapid and massive democratization of the capacity to inflict damage ona

very large scale, something previously limited to governments and very

sophisticated organizations. From 3D-printed weapons to genetic

engineering in home laboratories, destructive tools across a range of

emerging technologies are becoming more readily available. And with the

fusion of technologies, a key theme of this book, unpredictable dynamics

inherently surface, challenging existing legal and ethical frameworks.

Towards a more secure world

In the face of these challenges, how do we persuade people to take the

security threats from emerging technologies seriously? Even more

importantly, can we engender cooperation between the public and private

sectors on the global scale to mitigate these threats?

Over the second half of the last century, the fear of nuclear warfare

gradually gave way to the relative stability of mutually assured destruction

Case: 21-3198 Document: 105-13 Page: 144 Date Filed: 12/02/2022

Shift 17: The Sharing Economy

The tipping point: Globally more trips/journeys via car sharing than in private cars

By 2025: 67% of respondents expected this tipping point to have occurred

The common understanding of this phenomenon is the usually technology-enabled ability for entities

(individuals or organizations) to share the use of a physical good/asset, or share/provide a service, at a

level that was not nearly as efficient or perhaps even possible before. This sharing of goods or

services is commonly possible through online marketplaces, mobile apps/location services or other

technology-enabled platforms. These have reduced the transaction costs and friction in the system to a

point where it is an economic gain for all involved, divided in much finer increments.

Well-known examples of the sharing economy exist in the transportation sector. Zipcar provides one

method for people to share use of a vehicle for shorter periods of time and more reasonably than

traditional rental car companies. RelayRides provides a platform to locate and borrow someone’s

personal vehicle for a period of time. Uber and Lyft provide much more efficient “taxi-like” services

from individuals, but aggregated through a service, enabled by location services and accessed through

mobile apps. In addition, they are available at a moment’s notice.

The sharing economy has any number of ingredients, characteristics or descriptors: technology

enabled, preference for access over ownership, peer to peer, sharing of personal assets (versus

corporate assets), ease of access, increased social interaction, collaborative consumption and openly

shared user feedback (resulting in increased trust). Not all are present in every “sharing economy”

transaction.

Positive impacts

~ Increased access to tools and other useful physical resources

~ Better environmental outcomes (less production and fewer assets required)

~ More personal services available

~ Increased ability to live off cash flow (with less need for savings to be able to afford use of assets)

~ Better asset utilization

~ Less opportunity for long-term abuse of trust because of direct and public feedback loops

~ Creation of secondary economies (Uber drivers delivering goods or food)

Negative impacts

~ More contract / task-based labour (versus typically more stable long-term employment)

~ Decreased ability to measure this potentially grey economy

~ More opportunity for short-term abuse of trust

~ Less investment capital available in the system

Unknown, or cuts both ways

anged property and asset ownership

—D

~ Lack of clarity on what “wealth” and “well off’ mean

144

Could an AI ever replace a judge in court? { World Government Summit bttps.//www.worldgovernmentsummit org/observer/articles/2017/detail/could-an-ai-ever-replace-a-j...

WORLD

i GOVERNMENT About Events & Initiatives Community auyjcll

' SUMMIT

Observer / Articles / 2017

Could an Al ever replace a judge in court?

Will an AI ever replace a judge Will an AT ever replace a judge

Nov 07, 2017

stiony Harris Xiaofa stands in Beijing No 1 Intermediate People’s Court, offering legal

Senior Writer at Formative Content advice and helping the public get to grips with legal terminology. She

knows the answer to more than 40,000 litigation questions and can

deal with 30,000 legal issues. Xiaofa is a robot.

China already has more than 100 robots in courts across the country

Share the Article as it actively pursues a transition to smart justice. These can retrieve

case histories and past verdicts, reducing the workload of officials.

Same of the robots even have specialisms, such as commercial law or

a Chinese courts also use artificial intelligence to sift through private

messages or comments on social media that can be used as evidence

in court. And traffic police are reportedly using facial recognition

technology to identify and convict offenders,

But these legal uses for Al are just the beginning of what may be

possible in the future.

An aide to judges

China has a civil law system that uses case law to determine the

outcome of trials. With just 120,000 judges to deal with 19 million cases

a year, it is little wonder the legal system is turning to Al, law firm

Norton Rose Fulbright says.

The Supreme People’s Court has asked local courts to take advantage

of big data, cloud computing, neural networks and machine learning. It

wants to build technolegy-friendly judicial systems and explore the

use of big data and Al to help judges and litigants resolve cases.

An application named Intelligent Trial 1,0 is already reducing judges’

workloads by helping sift through material and producing electronic

Lof3 Dies

Could an AI ever replace a judge in court? | World Government Summit

WORLD

GOVERNMENT

SUMMIT

20f3

https://www.worldgovemmentsummit.org/observer/articles/201 7/detail/could-an-ai-ever-replace-a-j...

About Events & Initiatives Community auyell

rit appnvlauui TUT CU LELIUIcoe LOH yC JUL HF uic jJeuivcian POCuE Wears

provide judges with splendid resources, but it can’t take the place of

the judges’ expertise,” saicl Zhou Qiang, the head of the Supreme

People’s Court, who advacates smart systems.

Eliminating bias?

But recent advances in Al mean the technology can do far more than

sifting through vast quantities of data. Itis developing cognitive skills

and learning from past events and cases.

This inevitably leads to questions as to whether Al will one day make

better decisions than humans.

All human decisions are susceptible to prejudice and all judicial

systems suffer from unconscious bias, despite the best of intentions.

Algorithms that can ignore factors that do not legally bear on individual

Cases, such as gender and race, could remove some of those failings.

One of the most important considerations for judges is whether to

grant bail and how long prison sentences should be. These decisions

are usually dictated by the likelihood of reoffending.

Algorithms are now able ta make such decisions by giving an

evidence-based analysis of the risks, rather than relying on the

subjective decision-making of individual judges.

Despite these obvious advantages, it is far from clear who would

provide oversight of the Al and check their decisions are not flawed.

And more cautious observers warn that Als may learn and mimic bias

from their human inventors or the data they have been trained with.

Making connections

But Al could also help solve crimes long before a judge is involved.

VALCRI, for example, carries out the labour-intensive aspects of a crime

analyst’s job by wading through texts, lab reports and police

documents to highlight areas that warrant further investigation and

possible connections that humans might miss.

Als could also help to detect crimes before they happen. Meng Jianzhu,

former head of legal and political affairs at the Chinese Communist

Party, said the Chinese government would start to use machine

learning and data modelling to predict where crime and disorder may

occur,

“Artificial intelligence can complete tasks with a precision and speed

unmatchable by humans, and will drastically improve the

predictability, accuracy and efficiency of social management,” Mr

Meng said.

Setting a precedent

Itis as yet uncertain which of these technologies may became

widespread and how different governments and judiciaries will

choose to monitor their use.

The day when technology will become the judge of good and bad

human behaviour and assign appropriate punishments still lies some

way in the future.

However, legal systems often provide ideal examples of services that

could be improved, while trials are likely to benefit from better data

analysis.

The law often requires a trial to set a precedent — so watch out for the

test case of Al as judge.

PUINOIRAAA om mene

Could an AI ever replace a judge in court? { World Government Summit bttps://www.worldgovernmentsummit.org/observer/articles/201 7/detail/could-an-ai-ever-replace-a-j...

WORLD

GOVERNMENT About Events & Initiatives Community Guycll

SUMMIT

SS VUWiUAaU Ul

the App Store Enter your email address Send

Awards

» Download on

News Room 2 Google Play

®©0©0000

Terms & Conditions Privacy Policy Copyrights Sitemap

3 of3 1/30/2023, 7:51 PM.

Robot justice: China’s use of Internet courts By Tara Vasdani | Lexisnex... https://www.lexisnexis.ca/en-ca/ihc/2020-02/robot-justice-chinas-use-of...

Robot justice: China’s use of Internet

courts

By Tara Vasdani

This article was originally published by The Lawyer's Daily (https:/Awww.thelawyersdaily.ca/), part of LexisNexis

Canada Inc.

Would it scare you if | said that China has been doing this since 2017?

In December 2019, China has announced that millions of legal cases are now being decided by “Internet

courts” that do not require citizens to appear in court. The “smart court” includes non-human judges,

matters via a digital court hearing.

The Chinese Internet courts handle a variety of disputes, which include intellectual property, e-commerce,

financial disputes related to online conduct, loans acquired or performed online, domain name issues,

property and civil rights cases involving the Internet, product liability arising from online purchases and

certain administrative disputes. In Beijing, the average duration of a case is 40 days; the average dispositive

hearing lasts 37 minutes; almost 80 per cent of the litigants before the Chinese Internet courts are

individuals, and 20 per cent corporate entities: and 98 per cent of the rulings have been accepted without

appeal.

It is 2020. Your Canadian commercial dispute is paperless. A document management platform sifts through

all parties’ documents to flag relevant vs. non-relevant documents. A subsequent platform reviews the

relevant documents, and tells you that your case has the stronger evidentiary background.

A legal research tool in the meantime is determining whether a shareholder may attract wages for services

performed, or simply be paid dividends. It’s time to move to summary judgment. An Online Dispute

Resolution (ODR) tool reviews your motion materials, your Affidavit (e-signed) and the Responding Record.

An Al judge flags a case from 1970 that still applies today and — you win your dispute. The decision can be

appealed to a human judge.

Cost savings? Astronomical. A preliminary decision? Within one month. The A| judge's eye for 1970 case law?

Well, he’s not hungry or tired like your articling student.

China's first Internet court was established in the eastern city of Hangzhou in 2017 and in 2019, it was

reported that users completed more than 3.1 million legal activities using the court system from March

of 5 12/15/2022. 9:30 PM

Robot justice: China’s use of Internet courts By Tara Vasdani | Lexisnex... https://www.lexisnexis.ca/en-ca/ihe/2020-02/robot-justice-chinas-use-of...

through to October. More than one million citizens were registered with the system, along with

approximately 73,000 lawyers.

Judicial officials recently invited reporters to the Hangzhou Internet court to see how it operates. Ina

demonstration, citizens were seen using video messaging to communicate with the Al judges, and the

following was observed:

“Does the defendant have any objection to the nature of the judicial blockchain evidence submitted by the

plaintiff?” a virtual judge asked during a pretrial meeting. The non-human judge was represented in the

system by an image of a man wearing a black robe.

“No objection, the human plaintiff answered.

The judges “appeared” by hologram and are artificial creations — there is no real judge present. The

holographic judge looks like a real person but is a synthesized, 3D image of different judges, and sets

schedules, asks litigants questions, takes evidence and issues dispositive rulings.

A Hangzhou court official told China’s state-run CGTN television network that the Internet court system

operates 24 hours a day, seven days a week,

In today’s marketplace where almost everything is purchased or transacted online, the potential for this type

of court system is significant.

In a previous article (https://Awww.thelawyersdaily.ca/articles/ 11582/estonia-set-to-introduce-ai-judge-insmall-claims-court-to-clear-court-backlog-), | commented on Estonia’s adoption of an Al judge to settle small

claims disputes. Prior to that, | commented on the Ontario Superior Court of Justice’s pilot project launched

on Feb. 11, 2019, the Digital Hearing Workspace (https://www.thelawyersdaily.ca/articles/10192/digitalhearing-workspace-pilot-project-one-step-closer-to-court-modernization-) (DHW). The program is

currently used to deliver, store, organize and retrieve all documents relevant to a file, electronically. It applies

to all Commercial List proceedings, and failure to upload documents to the platform is addressed by a

presiding court official.

Combined with an ODR system or Al-powered judges, and considering the backlog of civil and commercial

disputes experienced by litigants in Canada, the idea of an Al judge seems to resolve many current issues.

And it is not too far from our midst.

The U.S. recently forecasted a time when Al-driven legal assistants might be presenting judges with case law,

precedents and the background needed to make a decision. Hear that? Legal assistants.

In 2019, | reviewed a very helpful, and very vanguard legal research Al tool championed by the Torontobased company, Alexsei.

Tools such as Alexsei use machine learning to identify relevant and up-to-date case law across the web and

of 5 , 12/15/2022, 9:30 PM

Robot justice: China’s use of Internet courts By Tara Vasdani | Lexisnex... https:/ /www.lexisnexis.ca/en-ca/ihe/2020-02/robot-justice-chinas-use-of...

scan the Internet to discern lawyers’ opinions on cases as identified in their legal blogs. The software then

generates a legal memorandum within 24 hours of being asked a legal research question.

China, or Estonia as | reported in 2019, are not the first to mix Al and the law. In the United States,

algorithms assist in recommending criminal sentences, The widely popular U.K-based app DoNotPay, an Aldriven chatbot, overturned 160,000 parking tickets in London and New York a few years ago.

The international deployment of Internet courts is just another step in the saga of the eventual automation

of certain legal tasks and processes,

Taken in harmony, the last year in Canada alone saw the adoption of directives within the federal

government regarding Al’s replacement of mundane administrative tasks; judges’ reprisal for the failure to

use legal research Al tools to assist in conducting research and saving client legal fees: the DHW, requiring

counsel and parties to upload their documents to an electronic filing system; and my personal favourite,

Google's Duplex which | hope will arrive into our industry soon.

All in all, | repeat, adopt and reiterate that the legal industry's resistance to the above changes will create

great hurdles to lawyers and their staff alike. Modern judiciaries have already begun to expect the employ of

legal tech tools by counsel, students and the courts. Should lawyers choose not to live up to the challenge,

they could end up with a very disappointed client, potentially large and assessment-worthy client cost

consequences and since 2017, an algorithm's reprisal.

Tara Vasdani is the principal lawyer and founder of Remote Law Canada

(https://www.remotelawcanada.com/ ). Her practice centres on employment law, civil litigation and remote work,

She has been featured in Forbes. She was the first Canadian lawyer to serve a statement of claim via Instagram, and

you can reach her directly at tara@remotelawcanada.com (mailto:tara@remotelawcanada.com).

Interested in writing for us? To learn more about how you can add your voice to The Lawyer's Daily

(http://www.thelawyersdaily.ca/), contact Analysis Editor Peter Carter at peter.carter@lexisnexis.ca

(mailto:peter.carter@lexisnexis.ca) or call 647-776-6740.

< Back to In-House Counsel Resource Page

(https:/Awww.lexisnexis.ca/en-ca/prod ucts/in-house-counsel.page# HOME)

of 5 12/15/2022, 9:30 PM

\obot justice; China’s use of Internet courts By Tara Vasdani | Lexisnex... hitps://www.lexisnexis.ca/en-ca/ihc/2020-02/robot-justice-chinas-use-of....

The Lawyer's Daily

This article was originally published by The Lawyer's Daily - providing Canadian legal news, analysis and

current awareness for lawyers and legal professionals who need a real-time view on the shifting legal

landscape.

TAKE A 14-DAY FREE TRIAL (HTTPS://WWW.THELAWYERSDAILY.CA/SUBSCRIBE

/GET_INSTANT_ACCESS)

LexisNexis Canada

111 Gordon Baker Road

Suite 900

Toronto, ON, M2H 3R1

1-800-255-5174 (tel:1-800-255-5174)

Support (/en-ca/about-us/contact-us/contact-us.page#support)

Training (/en-ca/training/training-overview.page)

Sales (/en-ca/about-us/contact-us/contact-us.page#sales)

ABOUT US

Careers (/en-ca/about-us/careers.page)

Leadership (/en-ca/about-us/leadership/local-leadership.page)

Rule of Law (/en-ca/about-us/rule-of-law.page)

Responsibility (/en-ca/about-us/corporate-responsibility.page)

Customer Charter (/en-ca/support/customer-charter.page)

Privacy Center (https://www.lexisnexis.com/global/privacy/en/privacy-center-ca.page)

Terms & Conditions (/en-ca/terms.page)

Email Permissions (https://go.lexisnexis.ca/preferences)

of 5 12/15/2022, 9:30 PM

Robot justice: China’s use of Internet courts By Tara Vasdani | Lexisnex... https://www.lexisnexis.ca/en-ca/ihc/2020-02/robot-justice-chinas-use-of...

CONNECT WITH US

in| LinkedIn (https:/Awww.linkedin.com/company/lexisnexis-canada/)

f Facebook (https:/Awww.facebook.com/lexisnexiscanada)

YouTube (https://wwwyoutube.com/channel/UCSZZnJmXOAyajTPn1 BYCe5e/)

UPCOMING EVENTS

PARTNERS

Gp) tr:tos:70ra.cba.org/Home) oo ____ (https:/Awww.ccca-accje.org

/Membership/CBA-Preferred-Suppliers)

of 5 12/15/2022. 9:30 PM

coe

ene

erie heiles ese

Norse

Arman

CE eet Sn

[OCR skipped on page(s) 31-45]

[Read from a scan; the first 30 pages.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.