Federal · federal specialty court
Order on Artificial Intelligence (Judge Stephen Alexander Vaden)
A party filing a brief with text drafted using a generative AI program must file a notice naming the program and the specific passages, and a certification that using it disclosed no confidential or business proprietary information to anyone unauthorised.
Tracker entry · Federal
- Court. U.S. Court of International TradeCOURT
- Level. federal specialty courtLEVEL
- Date. signature date not legible in the posted scanDATED
- What it requires. disclosure, certificationREQUIRES
- Source. Read the documentSOURCE
Last checked · we opened the source on that day and drew the requirement above from its text.
The order opens on the rule the court says matters most in its work: the handling of confidential and business proprietary information. It then reasons that a generative AI program which answers in natural language may be trained on, or may retain, what is put into it, which is why the certification is about disclosure and not about accuracy.
Two things are required of a filer who used such a program on the text of a brief. First, a disclosure notice identifying the program and the specific portions of text drafted with it. Second, a certification that the use did not result in confidential or business proprietary information reaching any unauthorised party. Once the notice is filed, any other party may move for whatever relief it believes the disclosed facts warrant.
This entry is descriptive, not legal advice. It records what one document says. Read the order that governs your own division before you rely on any of it, and check whether it has changed since the date above.
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