Bright! FRONTEO Official Blog

Bright! FRONTEO Official Blog

[Lecture Report] AI Utilization Conference <Legal Session> Email audit by lawyers for establishing compliance system and early detection of violations changed by artificial intelligence

2016/8/31
Sales Headquarters Sales Support Group
At the FRONTEO launch commemorative event "AI Utilization Conference" held on July 7, we invited user companies to use artificial intelligence "KIBIT" in the four fields of healthcare, business intelligence, marketing, and legal. Was introduced in a 29-minute session.In this article, we will introduce the contents of the session on the day one by one.The final legal session will be about the current state of email auditing in companies and examples of the use of artificial intelligence.Mr. Kentaro Toda, a lawyer from TMI Associates, who has a wealth of experience in email auditing, took the stage. Strengthening compliance, which is an urgent issue for companies News about corporate scandals, such as fraudulent accounting and information leaks, is booming in the media.Strengthening compliance has come to be recognized as an urgent issue for companies.Attorney Toda talks about the key points for strengthening compliance as follows. "There are three pillars to this. The first is to improve preventive measures. The second is to create an environment for early detection. The third is the crisis in the event of an emergency. Response. Of these, email auditing is said to be the most important for early detection. ”According to a survey by the Japan Fair Trade Commission, approximately half of companies perform email audits on a daily basis or as needed. I have answered (* 3).In addition, in a survey of companies that do business overseas, 3% of companies conduct email audits on a daily basis or as needed (* 1).In response to the results of this survey, the Keizai Doyukai announced the "Declaration of Action on Initiatives for Compliance with Foreign Competition Law" (* 55.7).In this, in order to establish an effective compliance system for foreign competition law, e-mail audit is specified as one of the "measures for early detection" of violations.It recommends conducting routine or regular email audits, rather than as needed, and the internal audit department routinely or regularly targets emails sent and received by sales representatives to prevent cartels. It is recommended to check the target. “In this way, many companies have come to strongly recognize the importance of email auditing,” says Toda.

Mr. Kentaro Toda, Attorney-at-Law, TMI Associates, New York State

* 1 Fair Trade Commission "Regarding the status of corporate antitrust compliance efforts" (November 24) http://www.jftc.go.jp/houdou/pressrelease/h24/nov/121128.html * 2 Japan Fair Trade Commission "Regarding the status of efforts by Japanese companies regarding compliance with foreign competition laws" (March 27) http://www.jftc.go.jp/houdou/pressrelease/h27/mar/150327_1.files/150327houkokusyo.pdf * 3 Keizai Doyukai "Declaration of Action on Foreign Competition Law Compliance" http://www.doyukai.or.jp/policyproposals/articles/2016/160513a.html   Get to know the facts early with the involvement of a lawyer How is the actual email audit done?Companies that have a huge amount of emails are conducting audits by narrowing down by keywords. "For example, there are many cases where email audits are conducted by narrowing down the target, such as keyword searches such as slush funds, cartels, and top secrets, searches that narrow down the target audience to sales staff, and checks only during the period before and after a large project. Masu ”(Toda Attorney) These email audits are sometimes performed by the legal department or audit department of the company, but in most cases, they are performed by lawyers.The reason is that in the United States and Europe, the lawyer's confidentiality privilege allows him to refuse to submit materials prepared under the direction of a lawyer or the content of communication with a lawyer. "When there is a suspicious movement within the company, we will grasp the facts within the company at an early stage and conduct an internal investigation at our own discretion. If an employee creates a survey result report, we will disclose the report. You may have to do this, but if you conduct an investigation under the direction of a lawyer, you can claim the privilege of confidentiality of the lawyer. To do so, involve a qualified lawyer at an early stage and conduct the investigation under the direction of the lawyer. That is also important for swiftly formulating subsequent strategies. "(Toda) There are limits to traditional search email audits For this reason, lawyers have more opportunities to audit emails, and more rational email auditing methods are required.That is the narrowing down of emails that utilize artificial intelligence.Attorney Toda said, "The most costly part of an email audit is to check each email one by one. In the case of an email audit, it is not possible to take out only a part and conduct a sample survey, so use a rational method. We need to narrow down the audit target, and the best way to do that is to use artificial intelligence. "With the conventional keyword search method, irrelevant emails are inevitably included.According to one survey, only about 20% of the emails left after searching by keyword are likely to be related, about 30% are likely to be related to some extent, and about 50% are completely unrelated. It seems that it was.It can be said that there is a limit to email auditing based on conventional searches. "(Attorney Toda) Scoring important emails with artificial intelligence "In the legal industry, artificial intelligence is called Technology Assisted Review (TAR). It is a technology that determines the relevance of emails and documents based on machine learning algorithms, and is used by US government authorities such as DOJ, FTC, and SEC. Is now allowing the use of TAR under certain conditions. ”(Attorney Toda) Email auditing using artificial intelligence proceeds as follows.First, create teacher data by manually tagging important emails, non-important emails, and so on.Then, let artificial intelligence learn the teacher data.According to Toda, in order to create teacher data for artificial intelligence to learn, generally about 10 to 20% of all emails are tagged.Artificial intelligence learned based on teacher data analyzes emails, and as a result, each email is given a score. 5000 points is quite important, 3000 points is important, and so on.We will scrutinize the email with reference to this score. Narrowing down using artificial intelligence that is pervading In the legal industry, the results of TAR reviews tend to be accepted as evidence. "In the United States, it is said that the fact that it was allowed to classify under TAR and submit it as evidence was triggered by the decision in the 2012 trial of" Da Silva Moore v Publicis Groupes ". Since then, there have been pros and cons, but in general it tends to be acceptable to submit the results of a TAR review as evidence. Currently, if the disclosing party wants to use TAR in a document review. , It seems that it is common for the court to approve it. Also, since 2014, various guidelines of the government authorities have also allowed TAR reviews, with certain conditions. "(Attorney Toda) ) Toda expects that the use of artificial intelligence in this way will lead to cost reductions and early completion of reviews. "One theory is that costs are reduced by about 50%. In cases of antitrust violations, a leniency system is applied in which the surcharge is exempted by reporting the violation to the authorities ahead of other companies. Therefore, it is necessary to finish the review as soon as possible, and artificial intelligence may be used for that purpose. Email auditing using artificial intelligence is expected to become more and more established as one of the main methods. " Toda concluded the lecture. * Details of the products and solutions introduced in this session can be found on this page. http://www.kibit-platform.com/products/email-auditor/
Share this article