Maître Ilène Choukri embodies a generation of lawyers committed to a nuanced understanding of technological issues. Doctor of International Law with a thesis on satellite telecommunications, she began her career at the Regional Economic Intelligence Club (CRIE-PACA), at the European Commission and at the International Telecommunication Union. She notably had the opportunity to participate in numerous negotiations around frequency allocation. There she discovered the formidable strategic effectiveness of American delegations, which, for decades, have combined engineers and lawyers at the same level, while other delegations took too long to understand the value. “Law is a weapon and the Americans have understood this and master it perfectly. They never neglect any aspect.”
Today, Maître Choukri is a partner in a law firm (CAPRIOLI & Associés) in Paris and Nice. She leads the litigation, arbitration and mediation division, while working closely with her partners on cross-cutting digital issues. The firm supports public and private actors — among them, state institutions, large accounts in the banking or insurance sector, or major publishers, healthcare or accounting professionals — in their digital transition and adaptation to legal issues related to artificial intelligence.
Law, AI and Litigation: A Moving Frontier
The rise of artificial intelligence has profoundly changed legal practice. “We first saw digitalization transform our methods. Now, it’s AI that is redefining the professions” of her clients across all sectors. These companies, long exposed to the risk of disruption by agile “pure players,” have managed to internalize innovation and anticipate market developments.
She discusses concrete cases of tensions between large companies and start-ups, particularly around litigation related to intellectual property, dominant positions or unauthorized exploitation of algorithms.
Legal Challenges and Algorithmic Responsibility
One of the major issues she identifies lies in the question of evidence in digital and algorithmic matters. “The deterioration of evidence is a daily challenge. In AI-related cases, traceability and accountability become complex. Who should be held responsible when an autonomous system fails?” These issues are exacerbated in cases of algorithmic bias, where the explainability of models is often absent.
On the regulatory level, Maître Choukri lucidly analyzes European and American choices. Europe, as a normative power, opts for a protective framework, notably through the AI Act, to be considered alongside GDPR… at the risk of hindering innovation? The question arises. “Americans, on the other hand, let things happen, then regulate on the fly or after the fact. But beware of the misconception: they do regulate nonetheless, with a keen sense of sovereignty.”
Cyberbullying, Ethics and Freedom of Expression
Beyond economic issues, Maître Choukri has also distinguished herself in complex cyberbullying cases, particularly in highly publicized matters. She highlights the progress made by police services in cybersecurity and forensics, but also points out the difficulty of reconciling freedom of expression and digital regulation.
“Law can and must provide a framework, but it is not enough. We need education on usage, collective awareness.” She notably mentions the role that trust labels could play, falling under “soft law” promoted by the European Union, to guide practices without hindering innovation.
Toward an Augmented Legal Practice
Finally, she emphasizes the impact of AI on the legal profession itself. While some firms are already integrating assistance tools, questions of responsibility, bias and editorial quality remain. “In my profession, writing is an extension of professional identity. I must maintain control since I am committed and my credibility and professional responsibility are at stake.” A stance that reflects both ethical rigor and acute awareness of risks.
In the era of automated contracts, “almost an oxymoron,” the chain of moral and legal commitments is at the heart of challenges.
Maître Ilène Choukri provides an informed perspective on the regulatory challenges of artificial intelligence. Through her experience combining international law, digital technology and litigation, she offers relevant analysis in a context where technological innovation frequently outpaces established legal frameworks.
