US District Court for the District of Columbia Chief Judge James Boasberg and US District Court for the District of Massachusetts Judge Allison Burroughs discussed AI, privacy, and the courts during the IAPP Global Summit 2026 in Washington, D.C.
The IAPP report said Burroughs pointed to the gap between older legal protections and newer technologies, including debates over how surveillance rules apply to cell-tower data. Burroughs said existing laws and constitutional protections are ‘not keeping up, never have kept up and never will keep up’ with the speed of innovation.
Burroughs commented: ‘The gap is getting bigger for two reasons. One is that there’s so much more data stored electronically that if you even search for someone’s laptop, you’re going to get more data now than you used to get, and the other one is that there is so much more technology, there are just so many ways of gaining access to data.’
Another part of the IAPP report stated that Boasberg referred to a case in which lawyers submitted filings containing hallucinatory information generated through AI use. According to the report, he required that side to pay attorney’s fees to the other side as a sanction after discovering that AI had been used in the briefs.
Boasberg noted at the IAPP session: ‘I’m sure lawyers using AI is happening a lot more on the state level, and some judges are referring lawyers to state bars (for possible discipline), but there have been federal judges whose opinions included hallucinatory (citations) and that was obviously embarrassing for them.’ He added: ‘The question is how can it help without compromising privacy issues, sealed cases; there’s just a whole lot that we have to figure out, but I think judges are trying to learn how we can use this constructively.’
Burroughs also remarked at the IAPP event that judges want disclosure when lawyers use AI in filings. She said: ‘We want lawyers to tell us when they’ve used AI. They can use it, but they have to disclose it.’ She added: ‘They can use AI, they can’t use AI, they must disclose when they’re using it, they have to certify that they do citation checks to make sure they don’t have hallucinatory citations — it’s hard to think of what these rules would be going forward today.’
IAPP reported the remarks from the summit discussion. At the IAPP Global Summit, the discussion focused on how AI is affecting legal filings, surveillance questions, and court practice.
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