Definitions
Artificial Intelligence (AI) is the ability of a computer or algorithm to imitate intelligent human behavior.
Generative AI is artificial intelligence that is capable of creating new content (including but not limited to text, images, other multimedia) in response to a question or prompt by learning from a large set of examples.
Government-issued guidance
Massachusetts
Advisory on the application of the commonwealth’s consumer protection, civil rights, and data privacy laws to artificial intelligence, Mass. Attorney General's Office, April 16, 2024.
Artificial intelligence (AI) and accessibility, Accessibility Center for Consulting, Education and Support Services (ACCESS).
"Learn more about best practices for procuring and developing accessible tools that utilize artificial intelligence (AI) and how to ensure that they are in compliance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and Level AA."
Bulletin 2024-10: The use of artificial intelligence systems in insurance, Mass. Division of Insurance, December 9, 2024.
Enterprise use and development of generative artificial intelligence policy, Executive Office of Technology Services and Security (EOTSS).
"This Policy is intended to establish minimum requirements for the development and use of generative AI by Commonwealth Agencies and Offices. The goal of this Policy is to foster public trust, support business outcomes, and ensure the ethical, transparent, and accountable development and implementation of generative AI technology by Commonwealth Agencies and Offices..."
Guidance on deepfake photos and videos, Mass. Department of Elementary and Secondary Education, April 15, 2026.
Guidance reinforces state law and outlines responsibilities for schools to respond to AI-generated harm. The governor's press release provides additional information.
Interim guidelines for use of Generative AI, Massachusetts Supreme Judicial Court.
"These guidelines apply to the use of Generative Artificial Intelligence (GenAI) tools by judges, clerks, registers, recorders, employees, law clerks, interns, and contractors of the Massachusetts state courts."
Massachusetts guidance for artificial intelligence in K-12 education, Mass. Department of Elementary and Secondary Education.
"[D]esigned to support district leaders in creating and refining implementation guidance as well as creating or refining AI-related policies." For more information: Artificial Intelligence (AI) in K12 Schools.
Federal
A national policy framework for artificial intelligence: Legislative recommendations, White House, 2026.
Outlines a policy framework for states to use to address pressing issues that AI presents.
Massachusetts laws
MGL c. 265, § 43A Criminal harassment; punishment
Using computer-generated images for the purpose of harassment ("revenge porn") is prohibited.
Visit the General Court's website for proposed legislation (bills) on AI submitted during the current and past legislative sessions.
Other states
Artificial Intelligence legislation database, National Conference of State Legislatures.
"[T]racks legislation regarding AI policy across state legislatures including topics relating to AI funding, government use, private sector use, AI in healthcare, responsible use and discrimination, studies, and other related topics. It reviews enacted and pending legislation beginning in 2025 and is updated monthly as legislation is identified by NCSL staff."
Federal laws
15 U.S.C. §§ 9401-9462 National Artificial Intelligence Initiative Act of 2020
42 U.S.C. §§ 18901-19351 The CHIPS and Science Act of 2022
Selected cases
DAIL – the Database of AI Litigation, George Washington University Center for Law and Technology.
"This database ... presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. It covers cases from complaint forward – as soon as we learn of them – whether or not they generate published decisions. It is intended to be broad in scope, covering everything from algorithms used in hiring and credit and criminal sentencing decisions to liability for accidents involving autonomous vehicles."
Hallucinations in court filings
Dastou v. Holmes, Middlesex Superior Court Civil Action No. 2381CV02212 (2025)
A lawyer who submitted court filings that included hallucinated fictitious legal authorities explained that she was not familiar with the risks of using AI tools. The court imposed sanctions, including mandatory legal education training. "By submitting motions and briefs that contain hallucinations and misstatements of the law, the lawyer violates their professional obligations. If a lawyer uses generative technology, they may not blame errors in their work product on the technology. Any document filed with the court must be thoroughly reviewed to ensure accuracy and the protection of client interests."
Smith v. Farwell, Suffolk Superior Court Civil Action No. 2282CV01197 (2024)
Use of AI and obligation to know. When fictitious legal authorities were found in court filings, the attorney explained that they were unaware that staff had used AI tools for legal research. “It is imperative that all attorneys practicing in the courts of this Commonwealth understand that they are obligated under Mass. Rule Civ. P. 11 and 7 to know whether AI technology is being used in the preparation of court papers that they plan to file in their cases and, if it is, to ensure that appropriate steps are being taken to verify the truthfulness and accuracy of any AI-generated content.”
Web sources
General
Artificial intelligence, National Institute of Standards and Technology.
Includes resources on various AI-related topics, such as Congressional Mandates & Executive Orders, AI research, AI standards, and more.
Courts and legal profession
AI and attorney ethics rules: 50-state survey, Justia.
A 50-state survey tracking attorney ethics guidance involving AI issued by state government and bar associations.
Artificial intelligence, National Center for State Courts.
A collection of articles, guidance documents, and webinars covering the topic of AI and the courts. Resources include:
- AI & the courts: Judicial and legal ethics issues
- Guidance for implementing AI in courts
- Guidance for use of AI and generative AI in courts
An introduction to artificial intelligence for federal judges, Federal Judicial Center.
Answers important questions every judge should ask about AI.
Generative artificial intelligence tools: Formal opinion 512, American Bar Association (July 19, 2024)
"To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees."
Two years of fake cases and the courts are ratcheting up the sanctions by Heather L. LaVigne, Mass. Board of Bar Overseers, 2025.
The Wild West of artificial intelligence: Ethical considerations for the use of A.I. in the practice of law by Afton Pavletic, Mass. Board of Bar Overseers, 2024.
Reviews the definition of AI and the pertinent rules of professional conduct.
Elections and campaigns
Artificial intelligence in election administration, National Conference of State Legislatures, March 24, 2026.
Deepfakes in elections and campaigns, National Conference of State Legislatures, May 18, 2026.
State government
Artificial intelligence at the Commonwealth, Executive Office of Technology Services and Security.
Massachusetts is harnessing the power of artificial intelligence (AI) to build a more responsive government. Learn about the state’s AI initiatives and get advice about using AI in government.
Local government
AI in local government: How counties & cities are advancing AI governance, Center For Democracy & Technology, April 15, 2025.
Overview of how local governments across the U.S. are regulating AI. Includes links to sample policies, and trends in local AI guidance.
Interim guidelines for using generative AI, City of Boston, May 18, 2023.
Guidelines for all city agencies and departments, with the exception of Boston Public Schools.
Print sources
Arkfeld on artificial intelligence and the practice of law, Lexis, 2025-
Artificial intelligence: Law & litigation by Mark S. Davies, LexisNexis, 2025.
"Artificial intelligence" ethics for attorneys, MCLE New England, 2026.
Artificial intelligence law and regulation in a nutshell by Jon M. Garon, West Academic, 2025.
Artificial intelligence: Legal issues, policy, and practical strategies, ABA, 2024. (eBook available with library card)
Fluency in the most useful AI tools for law firms, MCLE, 2025.
Model guidelines for AI usage in law offices, MCLE, 2025.
Regulatory challenges of AI governance in the era of ChatGPT by Toriqul Islam, Wolters Kluwer, 2025.
A short & happy guide to artificial intelligence for lawyers by James M. Cooper, West Academic, 2025.
Contact
Online
| Last updated: | June 3, 2026 |
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