Balancing Innovation and Integrity: AI's Role in Test Security and Legal Implications with Marc Weinstein
In Episode 14 of Tried and Tested, host Isabelle Gonthier, Chief Assessment Officer at PSI, sits down with Marc Weinstein, Managing Attorney at MJ Weinstein Law, for a compelling discussion on the evolving role of AI in test security.
Marc shares his journey from a prosecutor to a key figure in the assessment industry, offering valuable insights into how AI can transform test security while navigating the complexities of legal and ethical considerations.
They explore how generative AI can bolster item development, enhance test security, and create deeper item pools—helping to address content exposure risks. The conversation also dives into the challenges AI presents, from proxy testing and data privacy to the critical need for human oversight and the risks of bias in AI algorithms. Marc provides actionable advice for credentialing organizations, emphasizing the importance of planning, policy development, and stakeholder education in leveraging AI responsibly.
Tune in to learn how AI is reshaping the future of credentialing and how to stay ahead of the curve while ensuring fairness, validity, and legal compliance.
Marc Weinstein
Managing Attorney, Marc J. Weinstein PLLC and Chief Privacy Officer and VP, Caveon, LLC
Attorney Marc J. Weinstein has practiced law since 1998 and advised, counseled, and represented testing organizations in various capacities since 2009. Mr. Weinstein achieved his J.D. cum laude at Temple University Beasley School of Law.
Marc manages his own law practice, Marc J. Weinstein PLLC, through which he provides legal advice, counsel and advocacy for educational and assessment technology providers, nonprofit associations, certification and licensure organizations, and other companies in intellectual property matters, privacy issues, civil rights matters, internal investigations, contract negotiations and disputes, organizational governance, and other areas of law that impact their business. Marc has been recognized in the testing industry as a leading authority in navigating legal risks associated with the use of artificial intelligence (“AI”) systems and processes in testing applications. In addition to his law practice, Mr. Weinstein serves as Chief Privacy Officer and Vice President of Caveon Audit & Response Solutions at Caveon, LLC. Caveon is the world’s leading provider of test security consulting and technology-enabled services that protect the validity of test scores.