NJ Justices Mull Limit of AI Source Code Disclosure in Discovery

March 30, 2026, 8:32 PM UTC

The New Jersey Supreme Court seems poised to limit access to tech companies’ source code in legal discovery, in what would be a victory for AI firms.

During oral arguments Monday, the justices openly questioned whether a landmark state 2023 appeals court decision mandating disclosure of facial recognition tools in criminal cases went too far.

Several justices asked what information should be automatically available to suspects identified by computers.

“It’s almost like the baby is being thrown out with the bathwater if we say the list” of mandatory disclosure items “is so long and arduous we have to throw out ...

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