Brainstorming Group to Prepare a “How To” Guide for AI Governance
AI introduces challenges for existing information governance frameworks. AI impacts information governance by reshaping how data is created, used, managed, disclosed, secured, and controlled within organizations. As AI systems are trained on large datasets and often operate in opaque ways, traditional information governance policies, focused on clear chains of custody, lifecycle management, and human-controlled access, need to evolve. Questions arise on how long AI-related content should be retained, when AI-generated data should be considered a “record,” who is accountable for AI models and their outputs, and how to dispose of or redact sensitive or obsolete data within these systems, among others. Moreover, AI may generate new forms of data that fall outside current classification schemes. This brainstorming group will explore how the use of AI will impact traditional information governance programs, policies, and procedures that should incorporate the use of AI and its output, including redefining policies to address algorithmic transparency, ethical use, auditability, and governance. The brainstorming group will also use the Sedona Commentary on Information Governance and the Sedona Commentary on Defensible Disposition (both dated April 2019) as resources for developing this new work product.
The Steering Committee liaisons are Emily McIntosh and David Moncure.
Expectations of Brainstorming Group Members
Brainstorming Groups are typically larger than Drafting Teams and usually function over a relatively short period of time. In this regard, the work of a Brainstorming Group is more like a sprint than a marathon. Brainstorming Group members are expected to make the following commitments:
- Participation in Brainstorming Groups is a benefit of individual Sedona Conference Working Group Series membership. All Brainstorming Group members must keep their membership current at all times during the process.
- As the name suggests, Brainstorming Group members are encouraged to think creatively and actually “brainstorm,” which may go beyond or even challenge the premise of the Brainstorming Group, as warranted.
- Accordingly, Brainstorming Group members are expected to regularly join and participate in Brainstorming Group virtual meetings. Brainstorming Group leaders will take attendance at all meetings and track meeting participation and contributions. One or more Brainstorming Group members will be asked to take notes of Group meetings.
- Brainstorming Group members will be expected to draft or assist in drafting portions of the outline and/or perform research as needed.
- Brainstorming Group members are expected to review all group drafts that are circulated and comment and/or revise/edit as necessary.
- Brainstorming Group members are expected to dialogue, not debate, and work collaboratively as part of a team to achieve consensus.
- Brainstorming Group members are strongly encouraged (but not required) to attend WG13 midyear or annual meetings where their work product is presented to the membership through a panel discussion and dialogue.
It is critical that all Brainstorming Group members are active, engaged participants in the outline drafting efforts in order to produce high-quality work product in a limited timeframe.
Important Note About Subsequently Formed Drafting Team
Frequently, after the Brainstorming Group has presented an outline to the membership and a short period of member review and comment, the Steering Committee will approve the formation of a Drafting Team to produce a draft publication on the proposed topic. Being a member of the Brainstorming Group factors into consideration for Drafting Team membership, but it is not a guarantee that you will be selected. This is because Drafting Teams are usually smaller than Brainstorming Groups, function over a longer period, and require a particular balance of perspectives and experiences in order to build a consensus-based document that is beneficial to all stakeholders. Further, a Brainstorming Group is asked to recommend the composition of a subsequent Drafting Team, which may include a different mix of experience, expertise, or perspectives than for the Brainstorming Group.
Brainstorming Group: Selection and Application Process
The Steering Committee will work to ensure that a wide range of perspectives and backgrounds are represented. Please keep in mind, however, that we do not seek differing perspectives so that one may advocate on behalf of a particular perspective or constituency; we seek differing viewpoints, backgrounds, and experiences to build consensus that is beneficial to all stakeholders.
Perspectives we will seek to have represented may include, among others:
- In-house counsel
- Outside counsel
- Judges
- Judicial clerks
- Government counsel
- Academics
- Service providers/Technology companies
- Small firms/Solo practitioners
We will likely have more well-qualified, well-rounded applicants than spots available. As a result, we may have a ranked waiting list. Brainstorming Group member participation and contributions will be evaluated by the Steering Committee liaisons to the Group. If a member is unable to maintain the commitment to actively participate and contribute, it is possible that the member may need to be replaced in order to timely achieve the Brainstorming Group’s objectives.
How to Apply to a Brainstorming Group
NOTE: If you are not currently a Working Group member but are interested in participating, become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or (602) 258-4910.
In order to be considered for the Brainstorming Group, please complete the below survey no later than June 1, 2025. Please be brief when answering the questions; no more than 50 words per answer.
Brainstorming Group to Prepare a “How To” Guide for AI Governance Survey Link
Please do not be discouraged if you are not selected. Because The Sedona Conference is a self-selected group of engaged, proactive members, we get many more eminently qualified applicants for each Group than we can take. If you are not selected, please try again! Your application and eagerness to be involved are favorably considered the next time you apply for a Brainstorming Group or Drafting Team. Also, remember that as a member of WG1, you will have the opportunity to review and comment on any member-only work product written by this Group.