Legal experts are concerned over reports that Google’s AI service is violating name suppression orders issued by New Zealand courts, thus making names of defendants publicly accessible.
New Zealand law treats the breach of name suppression orders as a crime, and now issues have emerged with one of the world’s largest companies.
Paul Spain explains that the Google AI is surfacing suppressed names found online and revealing them to users who query the system. This issue includes cases such as Tim Jago, the disgraced Act Party president, whose suppression was breached by Google’s AI before it was lifted.
Suppression orders, albeit sometimes unpopular, are often established to protect the identification of victims rather than the perpetrators, as highlighted by Felix Geiringer. He notes that name suppression laws were significantly altered around 14 years ago in New Zealand and are now applicable to a limited range of cases.
One of the critical challenges outlined is the lack of control New Zealand’s justice system has over content published overseas. Most of the generative AI systems currently in use are developed in the US, focusing primarily on US laws without necessarily considering the legal requirements of other countries, including New Zealand.
While Google appears to be aware of the issue, the effectiveness of its current solutions is inconsistent. This inconsistency raises concerns about the adequacy of Google’s protective measures.
Google did not acknowledge the breaches but asserted that the company respects New Zealand law and reviews and responds appropriately to valid court orders.
Felix Geiringer further comments that while there are existing protections, they are insufficient and easily circumvented. This ongoing situation highlights the uncertainty and challenges posed by the rapid development of AI.
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