Discovery, Use, and Admissibility of Black Box Data

Increasing amounts of data are being generated by algorithms and “black box” systems, where the inputs and outputs are visible, but the internal processes of the systems and the ways by which the results are reached, are not transparent and are often purportedly proprietary.  This program will look at the challenges that litigants may face when seeking to obtain “black box” data in discovery, to use it in depositions and motion practice, and to get it admitted in court proceedings.  The panel will discuss the issues raised by “black box” data and systems, including whether decisions in cases involving technology assisted review (TAR) and source codes are helpful to this analysis, and what roles experts may play, as well as ways to overcome objections and get data admitted into evidence.