In October 2019, Idaho proposed changing its Medicaid program. The state needed approval from the federal government, which solicited public feedback via Medicaid.gov. But half came not from concerned citizens or even internet trolls. They were generated by artificial intelligence. And a study found that people could not distinguish the real comments from the fake ones.

One of the biggest civil liberties issues raised by technology today is whether, when, and how we allow computer algorithms to make decisions that affect people's lives. We're starting to see this in particular in the criminal justice system. For the past several years the ACLU of Idaho has been involved in a fascinating case that, so far as I can tell, has received very little if any national coverage, but which raises fascinating issues that are core to the new era of big data that we are entering. The case, K.W. v. Armstrong, is a class action lawsuit brought by the ACLU representing about 4,000 Idahoans with developmental and intellectual disabilities who receive assistance from the state's Medicaid program. It originally started because a bunch of people were contacting me and saying that that the amount of assistance that they were being given each year by the state Medicaid program was being suddenly cut by 20 or 30 percent.