The First and Fourth Amendments in the Age of AI, Bots, and the Evolution of Electronic Communications

(264 Ratings)

Produced on: June 29, 2018

Course Format On Demand Audio

Taught by


Course Description

Time 64 minutes
Difficulty Intermediate

As the prevalence of the use of artificial intelligence-powered physical and virtual robots (“bots”) that can communicate in human language with or on behalf of people and companies rises, so too will issues of speech rights and restrictions rise to the forefront. Consumers speak and write to bots on a daily basis, ranging from the usage of robo-advisors to e-commerce bots. Companies use bots to keep the public informed and communicate with its customers. Governments use bots to provide better customer service.

Join Huu Nguyen, Franklin Monsour, and Corrine Irish of Squire Patton Boggs as they discuss how the use of artificial intelligence (“AI”) implicates constitutional law, specifically the First and Fourth Amendments. They will also discuss how AI and data is being used in social media (e.g., on Twitter and Facebook) as the new digital quasi-public forum, government speech using AI, content discrimination via data bias, and wiretapping of the public's conversation with bots.

Learning Objectives:

  1. Discuss the rise of bots today from robo-advisors to robot-reporting to E-Commerce bots
  2. Examine Alexa as witness in recent murder case, and the underlying First and Fourth Amendment Issues
  3. Analyze US v. Miller, and the expectation of Privacy in financial records
  4. Explore the role of bots and electronic accounts in government speech
  5. Review the impact of the use of the Internet as a quasi-public forum, and its censorship by AI


Huu Nguyen

Squire Patton Boggs

Huu Nguyen is a deal lawyer who focuses his practice on cross-border commercial and corporate transactions. On the commercial side, he assists established and emerging companies on a range of national and international transactions, including Fintech transactions, supply chain agreements, reseller and distributor relationships, technology transactions, manufacturing and licensing arrangements, outsourcing, and many other commercial areas. On the corporate side, Huu advises on innovation program formations, mergers  and acquisitions, and corporate governance, among other corporate matters. Huu’s prior experience before becoming a deal lawyer includes intellectual property litigation and patent prosecution. Huu holds both a B.S. and an M.S. from University of Texas at Austin and a J.D. from University of California, Berkeley, Law School.

Corrine Irish

Squire Patton Boggs

Corrine Irish maintains a diverse practice representing individuals and companies in commercial, civil rights and criminal/regulatory matters. 

Corrine litigates and counsels clients on a wide range of complex commercial disputes, many involving complicated issues of international law. Corrine has significant experience representing companies and individuals in internal investigations, government enforcement actions and white collar criminal matters. Her practice also includes advising and litigating issues of First Amendment, media and intellectual property rights.

As a member of the Public Service Initiative, Corrine has litigated death penalty cases, as well as civil rights and federal habeas cases for indigent clients, at the trial and appellate level. Corrine has also served as counsel for amici clients before the US Supreme Court.

Corrine has been recognized as a Rising Star in the 2011-2016 editions of New York Super Lawyers – Metro Edition magazine, featuring outstanding young lawyers, a distinction that recognizes New York lawyers under the age of 40 or those in practice for 10 years or less.

From 2005 to 2007, prior to joining Squire Patton Boggs, Corrine served as a law clerk, first to the Honorable William G. Young of the US Court for the District of Massachusetts and then to the Honorable Barrington D. Parker of the US Court of Appeals for the Second Circuit.

Corrine is a member of the National Association of Criminal Defense Lawyers. She was also appointed to the Pro Bono Panel for the US Court of Appeals for the Second Circuit.

Corrine is a lecturer-in-law at Columbia Law School and was an adjunct professor at Brooklyn Law School in 2008 and 2009.

Franklin G. Monsour Jr.

Squire Patton Boggs

Franklin Monsour is a former federal prosecutor for the Southern District of Florida, in Miami, where he was lead counsel in negotiating more than US$100 million in False Claims Act, healthcare fraud and civil penalty settlements for the US, and prosecuted numerous criminal cases. Franklin has successfully tried both criminal and civil cases to verdict, including a month-long criminal jury trial in a more than US$30 million healthcare fraud and money laundering prosecution. Drawing on this experience, Franklin focuses his practice on representing corporations and individuals under investigation by the Department of Justice, States’ Attorneys General and industry regulators.

As an Assistant US Attorney for the Southern District of Florida, and through a stint with the US Attorney’s Office in Colorado, Franklin gained substantial knowledge of criminal and civil healthcare fraud matters and both criminal and regulatory pharmaceutical matters. In a regulatory drug diversion case against one of the country’s largest pharmacy chains, Franklin negotiated the then largest civil penalty ever recovered by the Drug Enforcement Administration (DEA) – US$80 million. Franklin received a commendation from the DEA for his work on that case, which significantly developed the template for similar DEA regulatory actions against drug distribution centers that are alleged to distribute suspiciously large amounts of prescription narcotics to retail pharmacies.

Franklin also worked on numerous parallel civil/criminal healthcare fraud cases, including those involving alleged violations of the federal Anti-kickback Statute. In one such False Claims Act, qui tam, action, Franklin negotiated a record US$17 million settlement of kickback allegations against a chain of skilled nursing facilities in South Florida. The facilities were alleged to have created a complex kickback scheme, in which physicians were ostensibly paid as medical directors, but were actually compensated based on patient referrals.

In addition, Franklin prosecuted numerous criminal cases, including those involving fraud, money laundering, narcotics and violent crimes. He was co-lead counsel in trying a month-long trial in the Southern District of Florida, convicting a compounding pharmacist and his employee of conspiracy to commit healthcare fraud, pay kickbacks and money laundering. The case was the largest compounding pharmacy fraud case to go to trial, involving a vast scheme with numerous co-conspirators to bill well over US$30 million to the US military’s health insurance program for expensive medications that were not necessary and often filled for non-existent or paid-off patients.

Experienced in all aspects of litigation, Franklin has tried more than 10 criminal and civil trials to verdict, argued numerous substantive motions in federal and state court and argued appeals before the Second, Sixth and Eleventh Circuit Courts of Appeals, as well as the New York Appellate Division.

Prior to entering the public sector, Franklin worked for AmLaw 100 global firms, focusing on complex commercial and international litigation, including matters involving the Anti-Terrorism Act and the Alien Tort Statute. Prior to that, he spent two years as a law clerk with the US Court of Appeals for the Second Circuit. 


Lewis M.

Great discussion

Shannon G.

This is not your 'average bear' attorney CLE. I would recommend it to those with a relative practice, but not in general.

Michael B.

Please repeat this corse again in the future because it provides relevant and up-to-date information for all attorneys to understand.

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