2 AI and [specific areas of law] 2 AI and [specific areas of law]
2.1 AI and Speech Law 2.1 AI and Speech Law
2.1.1 Guiding Questions 2.1.1 Guiding Questions
- How might the First Amendment complicate or even undermine efforts to mitigate AI risks?
- Who should (and, for that matter, may under current law) be held liable for speech-related offenses that result from generative AI?
- Would your own use of AI models change depending on who bore responsibility for its outputs?
- Further research: how have other countries treated AI outputs with respect to speech law?
2.1.2 Readings (Recommended and Assigned) 2.1.2 Readings (Recommended and Assigned)
- Pages 975-991
Mark Lemley et al., Freedom of Speech and AI Output, Journal of Free Speech Law, 651 (2023). https://www.journaloffreespeechlaw.org/volokhlemleyhenderson.pdf
- Start at bottom of page 651-659
Matt Perault, Section 230 Won't Protect ChatGPT, (Feb. 22, 2023, 1:11 PM), https://www.lawfaremedia.org/article/section-230-wont-protect-chatgpt
- Read entire article
- Possible discussion question: Will holding LLMs liable for the problematic content they make lessen their probability of problematic content being created?
John Villasenor, Does the First Amendment Confer 'A Right to Compute'? The Future of AI May Depend on It, (Sept. 26, 2023), https://www.scientificamerican.com/article/does-the-first-amendment-confer-a-right-to-compute-the-future-of-ai-may-depend-on-it/
- Read entire article
Thefire.org, Artifical Intelligence, Free Speech, and the First Amendment, (2023), https://www.thefire.org/research-learn/artificial-intelligence-free-speech-and-first-amendment#:~:text=Additionally%2C%20it's%20been%20long%20established,Amendment%20to%20the%20U.S.%20Constitution
- Podcast video is very informative; they have different attorneys speak on AI and First Amendment
- Possible discussion question: When it comes to lawsuits, the creators of the AI system would be the ones getting sued— should developers be held liable for potential claims? How would that work in litigation?
2.1.3 Exercise 2.1.3 Exercise
TBD
2.2 AI and Administrative Law 2.2 AI and Administrative Law
2.2.1 Guiding Questions 2.2.1 Guiding Questions
1. How can administrative law adapt and adjust to changes to the definition of AI as well as the capacity of frontier AI models?
2. Do government agencies have the expertise and legal mandate necessary to govern a field as signfiicant and unpredictable as AI?
2.2.2 Readings (Recommended and Assigned) 2.2.2 Readings (Recommended and Assigned)
Required
- Bernd Carsten Stahl et al., A European Agency for Artificial Intelligence: Protecting Fundamental Rights and Ethical Values, 45 Computer Law & Security Review, 1 (2022). .https://doi.org/10.1016/j.clsr.2022.105661.
- Start reading at section 3.1; section 4 provides information on positions on an agency surrounding AI
- Possible discussion questions regarding how administration can adapt to changing AI definitions
- Anton Korinek, Why We Need a New Agency to Regulate Advanced Artificial Intelligence: Lessons on AI Control from the Facebook Files, Brookings (blog), (Dec. 8, 2021) https://www.brookings.edu/research/why-we-need-a-new-agency-to-regulate-advanced-artificial-intelligence-lessons-on-ai-control-from-the-facebook-files/.
- Start reading at the header “A proposal to establish an AI Control Council”
- Jess Whittlestone & Jack Clark,Why and How Governments Should Monitor AI Development, 3 (2021), http://arxiv.org/abs/2108.12427.
- Includes how governments can measure and monitor the rapid growth of AI
- Discussion questions on the bottom of page 2; provide possible solutions to the risks posed if the proposal presented is not adopted.
- Walter Johnson & Lucille Tournas, The Major Questions Doctrine and the Threat to Regulating Emerging Technologies, 39 Santa Clara High Tech Law J, 165 (2022). https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1684&context=chtlj
- Start on page 165-196
- How should congress coordinate between administrative agencies when it comes to making AI policies?
Recommended
- Tom Wheeler, The Three Challendges of AI Regulation, (Jun. 15, 2023), https://www.brookings.edu/articles/the-three-challenges-of-ai-regulation/
- Start reading at challenge #3
- Charlotte Stix, Foundations for the Future: Institution Building for the Purpose of Artifical Intelligence Governance, AI and Ethics, (2022), https://link.springer.com/article/10.1007/s43681-021-00093-w
- Start reading at section 3
- Is is plausible for there to be a multi-country agency that would be able to work together to maintain AI?
2.2.3 Exercise 2.2.3 Exercise
In Class: In small groups create an agency/administration regarding AI and allocate member jobs/ how they would conduct their work
2.3 AI and International Law 2.3 AI and International Law
2.3.1 Guiding Questions 2.3.1 Guiding Questions
- How can international law be adapted to address the cross-border challenges posed by AI safety and the potential risks associated with the global deployment of autonomous systems and AI technologies?
- What are the fundamental principles and legal mechanisms within international law that can be leveraged to promote cooperation among nations in developing norms and standards for AI safety, particularly in areas such as autonomous weapons and critical infrastructure protection?
- In an era of rapid technological advancement, how can the international legal community foster collaboration and information sharing to mitigate risks associated with AI, including the potential for accidents, cyberattacks, and human rights violations on a global scale?
2.3.2 Readings (Recommended and Assigned) 2.3.2 Readings (Recommended and Assigned)
Required
- [Read 184-205] Colin B. Picker, A View from 40,000 Feet: International Law and the Invisible Hand of Technology, Cardozo Law Review 23,151–219 (2001). https://papers.ssrn.com/abstract=98752
- [Read all] Matthijs Maas, International Law Does Not Compute: Artificial Intelligence and The Development, Displacement or Destruction of the Global Legal Order, Melbourne Journal of International Law 20, no. 1, 29-56 (2019), https://law.unimelb.edu.au/__data/assets/pdf_file/0005/3144308/Maas.pdf
- [Read 11-30] Matthijs Maas, AI, Governance Displacement, and the (De)Fragmentation of International Law, In ISA Annual Convention, (2021), https://www.cser.ac.uk/resources/ai-governance-displacement-and-defragmentation-international-law/.
- [Read 13-21] Justin Canfil, Yesterday’s Reach: How International Law Keeps Pace with Technological Change, SSRN Scholarly Paper. Rochester, NY: Social Science Research Network, (2020), https://papers.ssrn.com/abstract=3684991.
Recommended
- Martina Kunz & Seán Ó Éigeartaigh, Artificial Intelligence and Robotization, In Oxford Handbook on the International Law of Global Security, edited by Robin Geiss and Nils Melzer. Oxford University Press, (2021), https://papers.ssrn.com/abstract=3310421.
- J-G Castel & Matthew Castel, The Road to Artificial Superintelligence - Has International Law a Role to Play? Canadian Journal of Law & Technology 14 (2016). https://ojs.library.dal.ca/CJLT/article/download/7211/6256.
- Thomas Burri, International Law and Artificial Intelligence, German Yearbook of International Law 60, 91–108 (2017), http://dx.doi.org/10.2139/ssrn.3060191
- Ashley Deeks, High-Tech International Law, George Washington Law Rev. 88, 575-653 (2020) 575–653. See pg. 590-591. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3531976
2.3.3 Exercise 2.3.3 Exercise
2.4 AI and Liability 2.4 AI and Liability
2.4.1 Guiding Questions 2.4.1 Guiding Questions
- How does the integration of AI in various industries impact traditional liability laws, and what are the key legal challenges that arise?
- What legal frameworks and precedents exist for determining liability in AI-related cases, and how are they evolving to keep pace with technological advancements?
- In what ways can legal professionals and policymakers strike a balance between fostering AI innovation and ensuring accountability and ethical use of AI systems within thee scope of liability law?
2.4.2 Readings (Recommended and Assigned) 2.4.2 Readings (Recommended and Assigned)
Required Reading
- [Read pg 49] Jack Balkin, The Path of Robotics Law, The Circuit - California Law Rev. (2015), http://euro.ecom.cmu.edu/program/law/08-732/AI/Balkin.pdf
- [Read all] P.M. Asaro, Robots and Responsibility from a Legal Perspective, (2007), http://www.peterasaro.org/writing/ASARO%20Legal%20Perspective.pdf
- [Read 388-340] Matthe Scherer, Regulating Artificial Intelligence Systems: Risks, Challenges, Competencies, and Strategies, Harvard Journal of Law and Technology, Vol 29, No. 2, (2015) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2609777
- [Read 1838-1872] Patrick Hubbard, Sophisticated Robots: Balancing Liability, Regulation and Innovation, 66 Florida Law Rev. (2015), https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1204&context=flr
Recommended Reading
- Philipp Hacker, The European AI Liability Directives -- Critique of a Half-Hearted Approach and Lessons for the Future, (Jan. 2023), https://doi.org/10.48550/arXiv.2211.13960.
- European Commission. Proposal for a Directive of the European Parliament and of the Council on Adapting Non-Contractual Civil Liability Rules to Artificial Intelligence, AI Liability Directive, European Commission, (Sept. 2022), https://ec.europa.eu/info/sites/default/files/1_1_197605_prop_dir_ai_en.pdf.
2.4.3 Exercise 2.4.3 Exercise
TBD
2.5 AI and Contracts 2.5 AI and Contracts
2.5.1 Guiding Questions 2.5.1 Guiding Questions
1. Which principles from contract law may inform efforts to align AI with the public interest?
2. What are the practical limitations of attempting to use contract law frameworks to direct AI models?
2.5.2 Readings (Recommended and Assigned) 2.5.2 Readings (Recommended and Assigned)
- Dylan Hadfield-Menell & Gillian Hadfield. Incomplete Contracting and AI Alignment, In Proceedings of the 2019 AAAI/ACM Conference on AI, Ethics, and Society, (2019), http://arxiv.org/abs/1804.04268.
- John Linarelli, Artificial General Intelligence and Contract, Uniform Law Review 24, no. 2 330-47 (Jun. 2019), https://doi.org/10.1093/ulr/unz015.
- Required; I liked this article and found it to be valuable in terms of contracts and AI— I liked that it also provided examples
- Phillip Hacker et al., Explainable AI Under Contract and Tort Law: Legal Incentives and Technical Challenges, (2020), https://hpi.de/fileadmin/user_upload/fachgebiete/naumann/publications/PDFs/2020_hacker_explainable.pdf
- Not a lot of discussion about contract topics; slight discussions in 3.1.2 but not super beneficial when its comes to contracts
- Jeremie Harris, How to Create Explainable AI Regulations that Actually Make Sense, Towards Data Science (Nov. 17, 2021), https://towardsdatascience.com/how-to-create-explainable-ai-regulations-that-actually-make-sense-8e6f35866bd8
- Video is informative; contracts discussions in minute 25 are expansive, would suggest this to be required.
- May spark discussion about contracts and incompletion of said contracts; are there any ways that AI can help fill in the gaps with these incomplete contracts? Could AI possibly think of every way that a contract may be fulfilled/completed?
2.5.3 Exercise 2.5.3 Exercise
TBD