Courtroom DoS Using Automated Legal Systems

§ July 19th, 2010 § Filed under Automated Lawyering, Denial of Service § No Comments

Been talking about it in abstract for awhile, but interested to finally see that we have a real, live case study of courts being hit with a type of denial of service attack through leveraging some simple automated legal systems, here in the debt collections world:

Collection law firms are able to handle such large volumes of cases because computer software automates much of their work. Typically, a debt buyer sends a law firm an electronic database that contains various data about consumers, including name, home address, the outstanding balance, the date of default and whether interest is still accruing on the account.

Once the data is obtained by a law firm, software like Collection-Master from a company called Commercial Legal Software can “take a file and run it through the entire legal system automatically,” including sending out collection letters, summonses and lawsuits, said Nicholas D. Arcaro, vice president for sales and marketing at the company.

No group has definitive statistics on debt collection lawsuits, but federal regulators, collection lawyers and judges say the numbers have increased and are straining the court system.

Interested in seeing how the courts respond to this type of tech going forwards — though largely it’ll just tend towards incentivizing more sophisticated automation/outsourcing rather than stuffing the genie back in the bottle, I think.

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