CBA Record January-February 2026

THE YOUNG LAWYERS SECTION

Unchecked AI Gavin Phelps, CIPP/US, YLS Chair

CBA YOUNG LAWYERS SECTION Chair Gavin Phelps Circuit Court of Cook County First Vice Chair Aleksandra Petrovi c Damisch & Damisch, Ltd. Second Vice Chair Bianca Ciarroni Taft Stettinius & Hollister LLP Armstrong Teasdale LLP Philanthropy Officer Pam Sran Fox Rothschild Secretary/Treasurer Andre Hunter, Jr. Gordon Rees Scully Mansukhani Program Officers Deepa Singh U.S. Patent and Trademark Office Cha’yra Eddie Levenfeld Pearlstein, LLC Inclusion & Engagement Officer Joseph Nelson DiCello Levitt Co-Editors of the YLS Journal J. Kopczyk Attorney at Law Katherine Hanson First District Appellate Court Co-Editors of the CBA Blog Recruitment Officer Stephanie Moon

Bias, Profiling, and Discrimination Federal agencies use AI to decide who to surveil, who to put on watchlists, and who to designate as a threat. AI is not an unbi ased tool. Harvard-backed studies have demonstrated that AI systems are built on biased datasets and risk replicating or amplifying discriminatory patterns. Vul nerable communities (particularly racial, ethnic, and religious minorities) will most certainly face disproportionate treatment. The House Judiciary Committee warned that AI gives bureaucrats the power to mass monitor and censor political speech faster and on a greater scale than ever before. This increases the risk of chilling and censoring dissent, particularly if AI systems filter, block, or deprioritize voices critical of the administration in power. Deepfakes Generative AI tools can create very con vincing deepfake videos, audio, and text. The Brennan Center for Justice notes that such tools could impersonate elec tion officials or generate fraudulent elec tion-related content, undermining trust in democratic processes. It has already started. Intelligence agencies issued bulle tins warning that both domestic and for eign actors use AI to influence elections, spread disinformation, and sow discord. Even the Pentagon expressed interest in using AI-generated propaganda to sup press dissenting opinions of the United States in foreign countries. Censorship, Free Speech, and Dissent

A rtificial intelligence is becoming part of everyday life, including in government. But while govern ment adoption of AI holds real promise, the risks are particularly significant. Government use of AI raises serious concerns about privacy, transparency, and accountability. No federal law regu lates AI. Some state statutes exist, but the White House is pushing for AI deregu lation, for example, by threatening to defund states with AI policies it deems “onerous.” The lack of safeguards poses major risks. Fourth Amendment Concerns AI-enabled surveillance systems ignore due process. These systems process massive amounts of data in real time, increasing the risk of systemic overreach. They also use biometric monitoring, facial recognition, and pattern detection without a person’s consent. The recent use of such systems by U.S. Immigration and Customs Enforce ment, for instance, demonstrates the con sequences of unchecked AI surveillance.

Sara Shiffman Attorney at Law

Hannah Werner MacDonald, Lee & Senechalle, Ltd Immediate Past Chai r Kenneth A. Matuszewski Rozier Hardt McDonough PLLC

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38 January/February 2026