Artificial intelligence (AI) has dramatically expanded the toolkit available for reverse engineering, and in-house counsel might wish to take note. Reverse engineering is the process of discovering otherwise nonpublic information about a product by examining the public-facing product. Reverse engineering has always presented a risk, but rapidly-evolving technology is expanding the scope of what can be reverse-engineered. Now, AI enables reverse engineering in previously-impossible ways. What once required specialized expertise and significant time investment can now be accomplished in minutes using publicly available AI models. This is a noteworthy development for in-house counsel at companies with technology-driven products and services (both specialized “software as a service” (SaaS) companies and also technology companies generally). Companies should consider whether their confidential information protections are up to the task.
Reverse Engineering in the Age of AI: Are Your Trade Secrets Still Safe?