Video summary
The Law.MIT.edu podcast features a deep dive into the critical intersection of generative AI and legal practice with guest Olga Mack, a distinguished attorney and legal technologist. The episode opens by highlighting the dangers of relying blindly on AI tools, illustrated by the famous *Mata v. A&A Inc.* case where an attorney faced sanctions for citing fake legal cases generated by ChatGPT. This incident underscores a central theme: generative AI is prone to "hallucinations," creating plausible-sounding but non-existent information that can mislead courts and jeopardize a lawyer's license if not rigorously verified. The discussion emphasizes that while technology offers immense potential to level the playing field for smaller firms, it acts as a double-edged sword; without proper supervision and an analytical framework to define success, the tool can be misused, leading to malpractice and harm to society.
A significant portion of the conversation focuses on the evolving duty of supervision under Model Rules of Professional Conduct 5.1 and 5.2, which hold partners and supervisory lawyers responsible for the work of their teams and vendors. The hosts and guest explore whether this duty extends to overseeing AI tools themselves, arguing that it does. Supervision in the age of AI is not merely about checking human colleagues but involves actively evaluating, critiquing, and correcting AI outputs before they are used in filings. The podcast notes a global trend where legal ethics across democracies are increasingly broadening the definition of supervision to include managing technology vendors and ensuring ethical conduct in data usage, reflecting a shift from traditional apprenticeship models to comprehensive oversight frameworks that account for both human and machine actors.
The dialogue also touches on the unique challenges of applying these principles to sensitive industries, drawing on Olga Mack's experience as General Counsel for Match Group (the parent company of Tinder). She describes how managing data privacy and ethics in an online dating context—where intimate personal information is collected—mirrors current dilemmas in AI development. The key takeaway from her tenure is that while laws may lag behind technology, creating a "void," lawyers have a choice to act as enlightened leaders who prioritize the "ceiling" of ethical behavior rather than the "floor" of minimum compliance. Ultimately, the episode concludes that the future of legal practice depends on cultivating a shared definition of success, developing practical checklists for AI evaluation, and maintaining a human conscience that guides the use of powerful technologies to build a better world.
Read the full video transcript
[Music]
good morning good afternoon or good
evening wherever you may be in the world
my name is David Horgan and this is the
law. mit.edu podcast with dazza
Greenwood and me the law. mit.edu is a
podcast that explores the rapidly
changing worlds of Law and Technology as
our Our Lives become increasingly more
digitized it's important more important
than ever to start thinking about about
reimagining and re-engineering the law
and how it interacts with technology
each episode we're joined by thought
leaders from around the world in order
to demystify and break down the complex
topics at the intersection of Law and
technology and help you better tackle
the topics now of course a gentleman who
needs no introduction our partner here
at the law. mit.edu is in fact the
executive director our good friend daza
Greenwood daza what's up for today and
what's our topic a thank you so much
David um and you know the the topic
today is one near and dear to my heart
and actually that is captured the focus
of of the entire law. mit.edu research
team and also our publication MIT
computational law report that is none
other than generative AI for Law and
we're going to do a deep dive into one
of the key implications of what does it
mean to successfully use this technology
when you're practicing law but you know
I don't want any spoilers yet at this
point we're just introducing ourselves
and so that's who I am that's what I'm
doing here and
Dave take us to the next step all right
thank you daza and to say that we have a
consumate expert with us today on this
subject would be a drastic
understatement Our Guest today is Olga
Mack many of you in the world of legal
technology know Olga Olga VM is a vice
president at Lexus Nexus where she
serves as vice president and CEO of
council link CLM formerly known as
parley Pro uh Olga was the CEO of parley
Pro a contract life cycle management
platform which was acquired by Lexus
Nexus in 2022 and here's where we get
into a true Renaissance legal
technologist in addition to her work uh
bringing technology to Legal teams ogga
is an accomplished attorney having
served as commissioner on the California
law revision commission and as the
general Council of the SAS firm clear
side uh as well as the general counil of
the Pacific Art League council at visa
and uh council at zus and we'll get more
into that later in the broadcast because
we'll find some interesting connections
to the world of legal technology uh
earlier in her career she worked in big
law at Wilson sansini and if that
weren't enough she's a former assistant
district attorney in San Francisco Olga
Mack welcome to the law. mit.edu
podcast well hello everyone David good
to see you daza I love that jacket
amazing you didn't have to dress for me
but look amazing I'm really excited
about this conversation and we are too
and uh we're just disappointed that we
cannot share uh daza's vibrant jacket
with all of you because this is podcast
land but let us just say that daza is
looking terrific and very spiffy today
hi Barbie hi Ken hi daza it is bright
pink it it is beautiful it's it's a
shade of pink for the listeners
and uh daza in in the jacket shade of
pink is a beautiful
site no doubt about that all right we're
gonna start off today's broadcast with a
little bit of a quiz and um I'm going to
ask Olga and daza if they have heard or
have any familiarity with this with some
of these cases we've got shabon V Egypt
Air a 2013 decision out of the first
dist first pellet District in Illinois
we've got Peterson via Ron a from the
District of the District of Columbia a
federal decision from
2012 uh Martinez V Delta Airlines we're
getting a theme Here of uh something in
the air it's a Texas appell deis from
2019 a state of Duran V KLM Royal Dutch
Airlines a Georgia State Court case from
2017 or perhaps erck the American
Airlines uh from the appell division in
New Jersey
2003 um anything ring a bell these cases
seem familiar to you at all have you
ever seen them in a law book perhaps wow
yeah I think I these are these are like
the dream cases that I most want to site
in a brief wow a dream like a
hallucination perhaps yeah it's exactly
like these are the fake cases that chat
PT shoveled the that lawyer that got in
trouble in New York right uh da gets
this one you are correct sir these are
the fake citations from mat V aanka Inc
and um we're gonna get Olga's expert
opinion on some of the things that come
up in this case one of the big things is
supervision and I think a lot of you
have heard about this case but we'll
just give you some brief background uh
Mr ma was uh traveling on an aanka air
flight um from El Salvador to JFK and uh
you know I'm 6'4 we have had a lot of
tall people and sometimes if you're
really tall you're cramped in that seat
your leg may be in the aisle well the
drink cart comes down the aisle and
allegedly once again facts are not
decided yet but allegedly the drink cart
comes and smacks Mr ma in the leg um
litigation ensues and so um his lawyers
were getting ready for a filing and I
believe it was on a statute of
limitations issue so um they file some
cases with the court and the court is
thinking something seems odd here and
specifically it was one of the 11th
circuit citations that tripped him up
and so the court actually called down to
the 11th circuit and was like hey have
you ever heard of this case and they're
like uh no well you know where this goes
um one of the attorneys had actually
just asked chat GPT for some legal
citations and chat GPT spat them all out
and they were all fake
uh there were sanctions involved in this
case um and the supervision issue is on
this the case was originally a state
court case it was removed to federal
court and the attorney signing and
giving the affirmation on the ones was
not the one doing the legal research he
was the one who was admitted to practice
in the southern district of New York in
federal court so his um legal colleague
was the one who was doing the uh
research with our good robot friend chat
GPT and uh never bothered to check I'm
thinking well if it's chat GPT it must
be correct so Olga ma we've got um
issues of generative AI we've got uh
issues of the supervision of attorneys
uh we think about our model rules of
professional conduct rule 5.1 on the
responsibilities of a partner or
supervisory lawyer rule 5.2
responsibilities of a subordinate lawyer
but uh so we've got as I so don't leave
rule don't forget rule 11 oh yes daza I
would be negligent on that one so we've
got we've got all these issues plus
generative AI thrown on top um what's
your first takeaway
Olga
Wow first takeway there's a lot of takes
aways um look as we know
hallucinations is a real problem with
generative AI U or just hallucinations
generally uh this technology is designed
to to please us us and sometimes what
pleases us is doesn't exist in the world
you know if you ever been married had
relationship with anyone you know a good
well-intended compliment that may not
necessarily correspond to reality
improves marriage um or any relationship
for that matter and and Chad
GPT pleases us it it knows we're looking
for something it really wants to give it
to us and then it does who cares that it
doesn't exist wait the court cares the
court actually cares that it does exist
and that's
inconvenient um so my first reaction is
we either need to solve the
hallucination problem or we really need
to fix our courts because they just
raining in our parades when we hear what
we want to hear I jokes aside I mean
listen any anytime you you you do
anything as a lawyer it is your job to
make sure that the stuff is good when
you do a filing in court you put your
signature on it whether it's because you
appear or some you appear in somebody
else's beh help you are the holder of
your license that means you need to be
comfortable in whatever representations
are made whether they're factual or
actually law representation in this case
clearly if all this case Lo doesn't
exist it only exists because it pleases
you that's while satisfying on some
level not satisfying to the court um and
so yeah so many failures of competence
supervision all kinds of things um and
that just means really in the end of the
day low technology
competence which leads to you know Mal
practice essentially uh and
inappropriate use of your license and
including your economic ability to earn
living by practicing
law you know um a
Jeopardy sure okay um you know legal
Tech as well as anyone you were a 2020
fast case 50 Award winner um you
received the women of legal Tech in 2022
from the American Bar Association you
know this stuff and it's often been said
that technology can be the great
equalizer for legal teams allowing the
small firms to compete with the big ones
you have been a general counsel for
smaller organizations you've also
practiced in big law what do you think
uh we have a firm that got into trouble
on this one but do you feel that
technology and let's go a step further
say genitor genit generative AI can be
can level the playing field from the
small firms and the big
firms look I think technology is an
opportunity for us to redesign what we
find unsatisfying with the world today I
think technology gives us a a
restart um just kind of like what you
have with a computer every time it does
wonky things you push you basically
restart it I think that's what
technology allows us to do there's a lot
of things that are unfair
andjust um you know including the fact
that you know smaller players don't
always have an opportunity to have an
impact for example smaller law firms and
I absolutely agree that something like
generative AI technology can give un
represented player or smaller player or
newcomer I I sit at the table you know I
shot in the game um with that comes
also an implicit understand
understanding that you need to
understand the thing that helps
you you know with that right comes a
massive
responsibility uh because technology and
I I I I I feel like I say it all the
time now is a sharp
knife um it is it could be used to cure
and it could be used to
kill and the difference is going to be
that Delta is going to be a
knowledgeable oper
a person or or a collection of people
are more likely to do good with a sharp
tool if there are trained operators who
have an analytical framework of getting
from point A to point B have a
definition of
success um and who possibly have done it
before um and if you have none of that
then you are lost and you may be
misusing the tool you may be in danger
to yourself in danger to others and you
can be with this tool in danger to
Society at large because this this tool
actually allows you to mislead for
example at
scale and that could be very damaging
that's why this tool specifically J AI
could solve a lot of things but could
also be that
that knife that
kills great great analogy as um
unfortunate as the end result may be
let's take it a step further and daza
it'd be great to get you in on this as
well um a lot has been said about the
invasion of the robots we've talked
about the level of the playing field but
um and we we talked about maybe it can
level the playing field but is there
really the concern that it's going to
take people's jobs we have the strike
right now going on with the writers and
the actors in Hollywood we have we have
a lot of people in the legal Community
concerned about boy is this going to
take all our jobs do you think uh both
of you do you think it's more of a tool
to help or do you think there's a
legitimate concern that we're all going
to be working for the robots pretty soon
or not have any jobs wow um well I I did
want to pop in um on that and also to
maybe um deepen the question a little
bit for for Ola um but to me just the
the framing around the the matter case
um I think is so intriguing because and
the reason I mentioned rule 11 is the
the the
fundamental um obligation is to practice
law competently which means you know
checking sites um ensuring that the
legal arguments are in the best interest
of of your client etc etc um and you
know in rule 11 um codifies that
obligation for
filings representations to a court you
know that among other things that you
you you've done your job you've got some
due diligence you have an evidentiary
basis for the assertions that you're
making in the first instance um but I
think this is so fascinating precisely
because um precisely be well so just on
that one I'll stick on that for one
second and then I want to really talk
about supervision primarily but to me
that seems like that's another way of
saying there's a there's a critical role
for a human with respect to the use of
generative AI which is competently
expertly diligently reviewing assessing
evaluating you know critiquing and
correcting or outright rejecting the
outputs of generative AI that that is
the essence of practicing law um and
it's it's so interesting because of the
duty of supervision I feel like plays
out in multiple ways here um in terms of
like the lawyer job um preservation um
like act of 2024 and Beyond um it's like
not it seems like it's not merely super
supervising or I guess it's a question
is it just supervising people who are
using generative AI or does the duty of
supervision is have its own veilance
with respect to supervising the tool and
the process itself so I I guess I'd love
to to learn more about that but all of
this whoever is doing the due diligence
and the law practice whoever is doing
the supervision these are all human
beings and so I do feel like we're not
replacing humans we're we're
supercharging humans with the technology
and we're um further honing and applying
our duties in light of the technology
but that raises these open questions
it's new technology how do we apply them
and like and I'd love to dig much more
deeply into into the this human role of
supervision and how that plays out in
the in all the various ways that this
technolog is going to be
used what do you think
Olga you know look duty of supervision I
mean I've done recently quite a lot of
research and things thinking about it a
couple of things it's it's not unique to
lawyers first of all other professions
have it either codified or as matter of
practice that's observation number one
observation number two it is also not
unique to United States lawyers it
pretty much one way or another exists in
most democracies and most places where
you see
lawyers um so it's a pretty Universal
Beauty really one way or
another and then observation three what
I find is that what it means is actually
a point in time
question um it started sort of with this
sort of traditional apprenticeship model
which which used to exist in every part
of human society from artists to lawyers
to Publishers to whatever um it it sort
of started with today in includes things
like ensuring work quality promoting
ethical conduct providing
training uh managing cases maintaining
client Community like includes all kinds
of stuff but it change over time a
change over time from something you
watch me do it and then you can do the
same to something more like let me show
you best practices here's how to deal
with privacy issues and ethical concerns
and I think where it is evolving into
something much more comprehensive that
includes things like supervising
technology we're moving away from
supervision meaning you train to build a
lawyer because we now have law schools
really and we have um bar exam that kind
of like takes care of a lot of this like
early Apprentice stuff now sort of in
the beginning of your career just to
make sure that you like don't get you
know you don't sink in the pool
completely but it involved into
something more of sort of helping you
coach you through career doing the right
thing and thinking through ethics and
then not just a
lawyer who is who who just graduated
from from law school but also May
vendors because their results could be
input in your filings and you are
certifying that you supervise them for
example so it involved into much more
than apprenticeship model to much more
comprehensive sort of general duty of
supervision of all kinds of stuff and I
think where this is all going is that
supervising technology too and we've
been basically certifying with ecovery
for example it's already been there but
now we have what you know what David
described as Rob robots is here and we
may be working for them I'm not sure
this is where we're going robots will
still be working for us for quite a
while and it will be our
duty according to model rules to
supervise them I'm pretty sure that is
not a stretch of of the rules we have
today and I think other professions will
be supervising and codifying or at least
developing best
practices about how to do it I'm gonna
step here because I can talk about it
all day but in a nutsh that those are
the S three trends that I see that's
great um by the way and we may not be
working for the robots because if the
recent Congressional testimony means
anything we may be working for the
Martian soon um if you've heard about
that and this is not some inebriated guy
on a Cessna these are long longterm
United States Military Officers
testifying that uh yeah you know there
was biological material they brought
them in so um we may have bigger things
to worry about than the generative AI
robots but daa it was great that you
brought up rule 11 um because the court
of course cites rule 11 in mavad Bianca
and specifically rule 11 C1 um providing
that absent exceptional circumstances a
law firm must be held jointly
responsible for a law for a violation
committed by its associates or employees
and we talked about the model rules of
professional conduct 5.1 and
5.2 um and 5.1 is basically I'm gonna
paraphrase it but it's basically saying
hey partner supervisory lawyers you're
responsible for um what your lawyer do
and then 52 goes on from there saying
that um you know um the subordinate
lawyers just because your boss told you
to do an illegal thing doesn't mean
you're off the hook you've got to follow
the rules instead of that so when you're
thinking about the rules and thinking
about this
situation do you think that lawyers
think about what they could do with
generative AI I I have to admit if I
were the supervisory attorney in this
case even though the world changed a lot
on November 30th of the last year when
uh generative AI really hit the uh hit
the whole nation the world Etc um is it
reasonable to think that someone may
have gone and checked that I wouldn't
have thought gee I need to ask him did
he use generative AI to do this is it
now I mean a lot of people have heard of
it but uh how does AI change the rules
of the ball game here do we need to now
add it into the federal rules of civil
procedure that there are rules on using
chat GPT for evidence I mean at the
White House recently some of the leading
Tech CEOs gathered with the president to
talk about voluntary guidelines do we
need to put generative AI into the rules
Olga what do you
think as as a technologist whove been in
SAS data AI ml blockchain crypto and
numerous other disruptive Technologies
before they were cool and earned their
Buzz I know the need your reaction is to
regulate
technology but really laws regulate
behaviors and sometimes when it's hard
to regulate behaviors they they kind of
focus on impact and outcomes that's sort
of our standard way to to write laws I
kind of think we should stick to that um
I think it works generally speaking um I
think the rule of
supervision is there it is clear enough
it has has extended over time as I just
talked about I don't think it's a
massive stretch to Extended to
supervision of machines whatever shape
form they come into our
lives uh what that is not to say that
we're all
great ready to go I think there are
pieces missing here's the pieces that
are missing what's missing is the how
what's missing is the analytical
structure what's missing with definition
of success that's what's missing and I
can kind of maybe talk a little bit in
Greater depths about it the rule is
pretty
simple and definitely applies to human I
guarantee you if you serve with 20 100
to, lawyers or professionals don't piic
on
professionals they will have different
approaches to
supervision different definitions of
success and different ways they deal
with shortcomings of their supervi
individual supervising
models we do not let me finish we do not
teach law
students what it means to be a good
supervisor I I had once been assigned a
gentleman to be my
mentor after he ignored me for about
three months we ended up in the same
elevator this gentleman happened to be
always very well
dressed and as we were going down in the
elevator this gentleman was a
lawyer from a 30 floor to the 1 we had a
brief exchange where he said oh I
realize I need to be your
mentor and let me give you practical
advice when you travel make sure you
bring an extra suit because sometimes
you spill stuff all over yourself and
you need to
change I'm sure he meant well and this
is why sounds solid and in his mind he
checked the box of mentoring
me I can tell you as a junior lawyer I
got off that elevator
confused confused whether he thinks my
suit was not up to par whether he thinks
I'm a slug because I'm likely to spill
stuff all over myself whether he thinks
I don't know how to
pack uh and
generally felt that the excitement about
this senior lawyer mentoring me would
extend to something more exciting like
how I practice
law uh but in his mind this was very
practical and useful and he meant
well and I think we're both right we
just operate from a
different intellectual space of what it
means to be a supervisor and a
mentor and what's helpful to a junior
lawyer and I think it's just an extreme
example right but if you know people do
not have a shared definition of success
of supervision they have no analytical
framework of what it means to
how to do it and they absolutely don't
have a way to measure whether they're
doing a good job that's with people
that's before we get to machines now
when you add AI on top of the fact that
we already don't know what we're
doing then it's hard the problem is not
the law it's operationalizing the next
steps envisioning success and measuring
results yeah you know with um I do a lot
of mentoring um as part of the role at
at MIT with the younger students and um
it's so important to
tune the mentoring to to the mentee to
the person you're talking to and to
really understand them uh I'm sorry that
happened to you it reminds me a little
bit of um when I was a very young lawyer
um I got kind of thrown in the deep end
very quickly in a state government and
uh with respect to technology and I
ended up testifying the first time I
testified in Congress um I was young
like in my 20s and I um had my suit I
kind of flew down to
DC like clockwork dumped a bunch of
horrible things over breakfast on my
suit I couldn't wear the jacket um I did
have an extra shirt um which I put on
and then the staff wouldn't allow me to
get onto the the senate committee um
room not wearing a jacket I had a tie
but they're like you can't do it I I
think it's relaxed so they ended up
finding a jacket for me that was like I
don't know five sizes too small looked
like one of those monkeys with a crank
or something was horrible but you know
um in my case as someone who apparently
was a SLO like that actually could have
been good advice to me but you have to
tune the advice to the person it has to
be meaningful you can't just check a box
and and you're right we have so far to
go with s with what does it mean to
Mentor what does supervision mean um how
do we make it effective how can we rely
upon it when so many people don't know
what it is how to measure it or how to
do it it's it's a whole new horizon and
that's that's with humans right and with
humans you can you know at least if you
your EQ is a little higher you can say
he da a tell me where you're in life you
know tell me what your biggest challenge
is how can I be help like that's easily
solved and I I do think this gentleman
meant well and clearly would be helpful
in some circumstances and but with
machine you really need to have an
approach you need to have a definition
success and you need to be able to deal
with setbacks and today we basically
telling laes you have you have a rule
you have a
duty go do it do a good job if you
fail you may be disbar in your economic
right to make a living as a lawyer that
you work so hard maybe lost good luck
May the odds be in your
favor which bring us to what you said in
in in the end of your your statement is
what's missing is how we have the rules
the rules are pretty well adapted are
are are capable of being applied to
different circumstances and new
technologies but we're not born knowing
this stuff the technology is new and I
feel like I'd be um remiss if I didn't
mention that Olga is also an esteemed
member of the law. mit.edu task force on
the use of generative AI for law
practice and uh which is recently
published um principles and guidelines
to hope we hope helped us begin to put
meat on the bones for how to apply our
existing rules of professional uh
responsibility to the use of generative
Ai and one of those rules is I think the
principle seven is supervision um and
but we're just scratching the the the
tip of the iceberg here uh in terms of
how to do it and really there are going
to need to be rubrics and practices and
you know examples that are here's a good
example of how to do it here's a bad
example of how to do it like we've got a
there's a big open space there and half
of using generative AI is getting the
prompt right the other half or maybe 60
70 80 90% is is evaluating properly the
outputs be before working it in and that
that really is the essence of the
supervision isn't it that rule needs to
be operationalized that's that's
business feed we need to take the rule
and create a framework and then based on
that through examples and checklists
allow folks to do a good job and measure
success and have a shared definition of
success um and we we that that's a
standard operation procedure in any
complex task and make no mistake
supervising anything or anyone is a
complex task it requires a framework it
requires a checklist and it requires a
vision of success and so I think that's
the part where the void needs to be
filled to answer David's original
question I don't I think we have enough
laws in the book that doing the right
thing um not committing
fraud um not lying stealing cheating
like the basics things that law is
really just sort of encouraging what I
call Civil Society what people call
civil society and good behaviors we have
enough of that on the books you don't
have to regulate technology you regulate
behaviors you can extend much of what we
already have to any technology what's
missing is analytical framework
sometimes this is where um like trade
organizations like ABA could be helpful
or um maybe Regulatory Agencies could be
helpful or professionals getting
together could be helpful and sort of
development of examples scenarios uh
best practices checklist checklists are
key those things need to be happening
with supervision for humans or machines
we've got a real theme going on today of
do your homework and how supervision
comes in different ways you know you
were telling stories from way back when
when I was much younger we were working
on a case and we were in Vere and doing
the jury selection and um we got back
and we're in the room conferring one of
the prospective jurors had worked with
opposing Council and so I'm the young
guy there and I pipe up well we've got
to strike her they used to work together
and the senior partner goes nope we are
not going to waste a strike on her and
he could see I had this quizzical look
on my face and he goes that guy is a
bleep that's not what he said um he said
if she worked with him she's got to hate
him they'll strike him we're not they'll
strike her we're not goingon to waste a
strike sure enough that's exactly what
they did and it saved us a strike and so
I was the young kid who didn't know any
of that stuff but it equates to what
we're talking about and supervision
comes in many many ways and it's knowing
the people and sometimes generative AI
is not going to know the people and know
the case law but on this deal about
different ways of supervising Olga you
are the quintessential American lawyer
you're a graduate of the University of
California Berkeley School of Law member
of the California bar you've worked for
major American law firms but in your
work as a general counsel here in the
United States you've also had had big
International experience some of these
are international companies doing
international business and in fact um
you immigrated here from Ukraine at a
very young age so you are not having
tunnel vision in the US when you think
about this
supervision do you find that it differs
in different parts of the
world yeah so I've done a lot of
research and I definit as as somebody
who was born elsewhere and English is my
second language and I travel quite a lot
and have been in company was massive
Footprints of United States I I I I have
a sort of much sort of to this rule of
law concept I have a my sort of worldly
presence uh what I do find is that the
duty of supervision is actually pretty
Universal definitely across uh
democracies um and where you see high
concentration of lawyers which is like
Asia EU Brazil places like like that uh
you definitely have some sort of
codified way uh of du supervisions uh
they all emphasize uh competence as a
critical aspect of
supervision um they emphasize uh
supervisory responsibilities such as
work quality ethical conduct uh oversiz
all of that is sort of universally
recognized um client service and acting
in client best interest those are really
common them um there is sort of a very
very degree of specificity and details
and there's definitely enough
differences but but I would say to me
overwhelmingly those things are have a
lot in common um they uh some of the
countries include sort of the themes
around business management others don't
uh and some have sort of more specific
uh guid lines and some have sort more
Regional EU if you practicing if there
you know if you as a member country in
united in the in European Union you may
belong to the uh equivalent of the bar
there but you also may be a u EU lawyer
as well so you may have overlapping
duties of supervision so I I would
say it's close enough in most
jurisdiction there are difference
in special specificity but it is
definitely there it is common things and
I would go as far as saying that they
more or less evolve over time and long
steps so of expectations of of of
broadening that duty to include vendors
to include ethics to include technology
all of that I think is very much uh
Rising around the same level across
regions Olga one thing that we like to
do on the law. mit.edu podcast is get to
know our guests now we've um known you
professionally for many years but uh our
audience may not be familiar with some
parts of your career journey and one of
the things that we found interesting was
your work as an assistant general
counsel at zus and for those of you who
may not be familiar with it it is an
online dating service operating in 80
Nations all over the world um 25
different languages um it seems to be a
great collection of many of the issues
you've got online you've got data you I
assume have personal information what
was it like being the lawyer for the
online dating
service I joke that I should have
retired after working at Zeus because I
think I pi as an interesting person then
I can tell you when I would show up to
parties and declare that I'm a lawyer I
was a number two lawyer I was a
associate General councel there um that
I'm a lawyer for enlighting dating
conference most people in the room I
would I would say all but that's
probably an overstatement would find me
fascinating and interesting they would
come to me and ask me about advice and
um and what it's like and things
willing to share and things I'm not will
I I was like literally the most
interesting person in the room I can
tell you that joining a SAS company was
a was a massive downgrade and legal and
illegal tag did not improve my odds um
and and so it was a really really
fascinating um place to work because
it's really something you know I find
that love is a relatable thing to to
everyone we all one way or another had
an adventure in love whether it's it's
you know a successful Adventure or the
one that taught us a lesson or the one
that uh allowed us to grow whatever that
thing was we all felt it deeply and
strongly and so uh finding a lawyer who
who helps people fall in love is a
deeply fascinating thing um that
particular company was very interesting
for many reasons it's definitely not the
one and only company today but at the
time it was one of the first online
dating companies on the internet so
we're talking about early days of
internet and the two Founders and and
the staff they hired um were innovators
truly innovators and yes love but let's
break down love into into something more
scientific and make it completely
uninteresting um let's talk about data
because online dating companies is a
consumer facing business and online
dating company operates across geography
and for online dating company to be
successful you have to basically rely on
data one way or another for at least two
things
one uh marketing because that's how you
acquire users and two product
development because you need to figure
out you know what makes people fall in
love and be interested and go on the
first day and ultimately you know figure
out a way to make that relationship
successful so you
know behind the heart there is data and
to me that business if you take all the
sort Jokes Aside was very interesting
because I I see of any online dating
company or including Zeus as essentially
a data company we had a lot of data
scientists on the team I was I was
advising uh various uses of
data at the time where um CCPA was
developing and gdpr was in its
infancy and it's actually not all that
different from the time we have today
with AI the when you have uh a void in
laws and practices best
practices um you see you have a Delta
between law and you have a Delta between
law and
the right thing to
do and depending who you talk to that
Delta could be big or small and your job
as in-house lawyer or risk professional
of any kind is really to have
sophisticated conversations about that
because what you know for sure is that
the void will be filled with increasing
number of
regulations and that may take three five
10 years depending on industry
and at some point you will be judged
inside
2020 and so you can take an
opportunistic view and say in the
absence of anything let's let's do the
minimal let's do the
floor because there's a void or you can
be an enlightened leader you really are
fa with that choice you can you can talk
about the cealing you can talk about
what is the right thing to
do what kind of world you and your
children should be living in if somebody
handled data like this for you how would
you want them to behave would that look
good um on internet or
newspaper at all of those conversation
and really kind of figure out what the
Delta is and whether how close to the
ceiling or floor what is the
consciousness of your organization and I
really enjoyed that job uh because for
that reason in the context of a dating
company not only is it a data company
it's a data company that collects a lot
of information and we're not just
talking about names like cards numbers
locations we're talking about intimate
things that you may not even share with
people in your life that are you're
close to like your parents like for
example It's Not Unusual for online
dating company to collect whether you
have
STDs your sexual
orientation all kinds of stuff that not
on your
LinkedIn that your parents may or may
not know hey your spouse may or may not
know uh all kinds of stuff that is very
just just private um and so it was
really interesting for me as I consider
myself a privacy professional um to me
that's being part of technology lawyer
and um thinking through the issues of
doing the right thing through the ethics
of it um was very interesting and we are
facing exactly the same challenges today
with AI while we do have enough laws in
the books um things like ethical
considerations thinking about an impact
of what you're developing in AI those
are not codified just yet
um and so many companies developing AI
today are forced to think about what is
the right thing to do which I think you
know David mentioning that open Ai and
other players went to Congress and
asking for it that's one approach to do
it but also you can engage in that
exercise with competent
consult and I guarantee you you may not
get everything exactly right that's
going to happen in the future but I
guarantee you that if you get
technologist lawyers business
Professionals in the room who are
competent and who have
Consciousness and want to build a good
world I guarantee you you will end up
with really good outcome maybe not
exactly right but pretty
close a call for lawyers with a
conscience as well as experience on the
much more entertaining world of being a
lawyer to help people fall in love Olga
V Mac vice president and CEO of council
link CLM Renaissance lawyer former law
enforcement official former uh the
general counsel of a couple of firms it
has been a real pleasure having you here
today and thank you for your insights on
generative Ai and as this thing uh
concludes I hope you'll come back and
join us and daza as usual would you like
to close us out I would love to and I
want to second that thank you so much
for for sharing your time so generously
and your insights and admonitions Olga
and um you know it's it's this is what
makes uh David and I and la. mit.edu
want to do the podcast as kind of
substantive and that's say entertaining
programming and so uh we hope that you
will join us again for our next episode
of this podcast and until then we look
forward to seeing you at law.
mit.edu
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