Lawyers for a journalist accused of hacking Fox News blame AI for error-filled legal brief
A judge scolded his lawyers for misrepresenting and making up legal precedents in an attempt to get the case thrown out.
A lawyer for Burke admitted to using ChatGPT and Westlaw's AI features without checking their output.
A lawyer for Timothy Burke, the journalist indicted over leaked Fox News footage, admitted in a court filing Monday that he used ChatGPT and other AI tools to write an error-filled legal brief.
Last week, Judge Kathryn Kimball Mizelle said a filing by Burke's lawyers contained "significant misrepresentations and misquotations" and demanded an explanation. On Monday, the lawyers, Michael Maddux and Mark Rasch, said the errors happened because of Rasch's research and edits.
The judge cited nine examples of "non-existent quotes and miscited propositions" that appeared to come from federal appellate rulings and a Congressional committee report. She also said their brief had six errors that may have been less egregious, as well as other "miscellaneous problems."
Rasch's process "included the use of Westlaw, Westlaw's AI features, Google, Google Scholar, as well as the 'deep research' feature of the Pro version of ChatGPT version 4.5," the brief said. The lawyers said Rasch used a feature on the legal research platform Westlaw called Quick Check to vet the brief, but didn't do so again after accidentally adding unvetted sections from previous drafts.
Maddux, the lawyers added, was busy with another case.
Maddux, Rasch, and Burke didn't immediately respond to requests for comment. Neither OpenAI, the company behind ChatGPT, or Thomson Reuters, which makes Westlaw, responded to requests for comment.
The proliferation of AI and the high cost of legal research has led to a number of attorneys being called to the mat by judges over errors in their legal arguments, often a result of generative AI systems' tendency to "hallucinate."
Often, the mistakes are made by solo practitioners or lawyers from small firms, though big firms have also been found using AI. A Latham & Watkins attorney said the AI system Claude was to blame for giving the wrong name and authors for an article cited in an expert's report, though the content was otherwise correct. Last week, attorneys from the firms K&L Gates and Ellis George were told to pay $31,000 after their submissions were found to contain made-up citations.
Burke, a former Deadspin editor now working as a media consultant, faces charges of hacking into a streaming system used by broadcasters. The case has attracted attention from press freedom advocates, with his lawyers arguing Burke committed no crime since the URLs he visited to download clips of Fox News footage were public.
The footage, which included antisemitic remarks by the rapper Ye and behind-the-scenes comments by Tucker Carlson about sex, his "postmenopausal" viewers, and issues with the Fox Nation streaming service, was never aired on the network. When the clips appeared online in 2022 and 2023, it aroused suspicions that a Fox employee had leaked them. In 2023, however, federal investigators zeroed in on Burke, who was indicted last year.
Read the original article on Business Insider
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
26 minutes ago
- Yahoo
OpenAI and UK sign deal to use AI in public services
OpenAI, the firm behind ChatGPT, has signed a deal to use artificial intelligence to increase productivity in the UK's public services, the government has announced. The agreement signed by the firm and the science department could give OpenAI access to government data and see its software used in education, defence, security, and the justice system. Technology Secretary Peter Kyle said that "AI will be fundamental in driving change" in the UK and "driving economic growth". The Labour government's eager adoption of AI has previously been criticised by campaigners, such as musicians' who oppose its unlicensed use of their music. The text of the memorandum of understanding says the UK and OpenAI will "improve understanding of capabilities and security risks, and to mitigate those risks". It also says that the UK and OpenAI may develop an "information sharing programme", adding that they will "develop safeguards that protect the public and uphold democratic values". OpenAI chief executive Sam Altman said the plan would "deliver prosperity for all". "AI is a core technology for nation building that will transform economies and deliver growth," he added. The deal comes as the UK government looks for ways to improve the UK's stagnant economy, which is forecast to have grown at 0.1% to 0.2% for the April to June period. The UK government has also made clear it is open to US AI investment, having struck similar deals with OpenAI's rivals Google and Anthropic earlier this year. It said its OpenAI deal "could mean that world-changing AI tech is developed in the UK, driving discoveries that will deliver growth". Generative AI software like OpenAI's ChatGPT can produce text, images, videos, and music from prompts by users. The technology does this based on data from books, photos, film footage, and songs, raising questions about potential copyright infringement or whether data has been used with permission. The technology has also come under fire for giving false information or bad advice based on prompts. WeTransfer says files not used to train AI after backlash Man files complaint after ChatGPT said he killed his children Peers demand more protection from AI for creatives What is AI and how does it work?
USA Today
27 minutes ago
- USA Today
Stephen Colbert fires back at Trump's 'Late Show' diss
Stephen Colbert has some choice words for President Donald Trump. In his first show back on air since announcing that "The Late Show" will be canceled in May 2026, Colbert had a brief comeback ready for the president, who'd expressed in a July 18 Truth Social post that "I absolutely love that Colbert got fired. His talent was even less than his ratings." "How dare you, sir? Would an untalented man be able to compose the following satirical witticism? Go (expletive) yourself," Colbert said in his July 21 "Late Show" monologue, per a clip shared on social media ahead of the episode's airing. The three-word message was captured via an "eloquence cam" that was zoomed into the host's face. As he waved off the crowd's chanting of his name, Colbert read the next sentence in Trump's social media post: "I hear Jimmy Kimmel is next." Colbert replied, "Nope, absolutely not, Kimmel. I am the martyr. There's only room for one on this cross, and I've gotta tell you, the view is fantastic from up here. I can see your house!" The rest of Trump's post had also called out Jimmy Fallon as the president wrote that Fox News' "Greg Gutfeld is better than all of them combined, including the Moron on NBC who ruined the once great Tonight Show." In his previous "Late Night" episode, Colbert dropped the cancellation bombshell on his fans, saying, "It's not just the end of our show; it's the end of the 'Late Show' on CBS." He'd added, "I'm not being replaced. This is all just going away." In an ensuing statement, Paramount Global executives said, "We consider Stephen Colbert irreplaceable and will retire 'The Late Show' franchise at that time." The Paramount statement called the move "purely a financial decision against a challenging backdrop in late night. It is not related in any way to the show's performance, content, or other matters happening at Paramount." Paramount's decision came days after Colbert slammed Paramount for settling President Donald Trump's defamation lawsuit, calling the $16 million donation to Trump's future presidential library "a big fat bribe" to his administration that could help earn FCC approval for the company's $8.4 billion merger with Skydance Media. Contributing: Bryan Alexander, USA TODAY
Yahoo
an hour ago
- Yahoo
‘They're going to run away': NYC Councilwoman says Mamdani victory ‘unacceptable for Jewish community
Fox News Digital spoke to NYC Councilwoman Inna Vernikov about how Zohran Mamdani's anti-Israel rhetoric has stoked fear in the Jewish community.
