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The rise of the ‘machine defendant’ – who’s to blame when an AI makes mistakes?
(theconversation.com)
this post was submitted on 05 Aug 2024
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The person who decided to use the AI
There are going to be a lot of instances going forward where you don't know you were interacting with an AI.
If there's a quality check on the output, sure, they're liable.
If a Tesla runs you into an ambulance at 80mph...the very expensive Tesla lawyers will win.
It's a solid quandary.
Why would the lawyer defendant not know they're interacting with AI? Would the AI generated content appear to be actual case law? How would that confusion happen?
Immediate things that come to mind are bots on Reddit. Twitter is 70% bot traffic. People interact with them all day every day and don't know.
That quickly spirals into customer service. If you're not talking to a guy with a thick Indian accent, could be a bot at this point.
A lot of professional business services are exploring AI hard...what happens when one tells the business to do something monumentally stupid and said business does it? Is it the people who are training the AI? Is the machine at fault for a hallucination? Is it the poor schmuck at the bottom that pushed the delete button?
It's not cut and dry when you're interacting with a machine any more.
My guess is that it's gonna wind up being a split, and it's not going to be unique to "AI" relative to any other kind of device.
There's going to be some kind of reasonable expectation for how a device using AI should act, and then if the device acts within those expectations and causes harm, it's the person who decided to use it.
But if the device doesn't act within those expectations, then it's not them, may be the device manufacturer.
Yeah, if the company making the ai makes false claims about it, then it'd be on them at least partially.