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William Anderson's avatar

As someone who's failed at both technology (computer science degree, numerous jobs at startups software engineering, all of them fell through and I now work in a warehouse) and at the law (completed two years of law school and got 140K$ of student debt in the process without a degree to show for it), let me try to harness my experience in both to talk about evolutionary and revolutionary changes in law and technology.

One of the unifying principles of the law is that there is no 'law of the horse' - that is to say, the same general rules that apply to cases around horses apply to cases around cars. This is because our laws are made for people, not for cars or horses. People have an interest in not being hit by runaway horses, people have the exact same interest in not being hit by cars. People have an interest in not being scammed when they buy a car to be given something that they claim is new but is actually a beat-up old Ford that's been freshly painted, and people have the same interest in not being defrauded by being sold a racing thoroughbred as the secret grandson of Secretariat that is actually a random horse the person found behind the barn shed.

The exact implementation and details of how these interests are protected may vary - horses do not require headlights and generally do not require posted speed limits. But the interests, the things that we are trying to protect the person against, remain the same. The sort of mischief that the law intends to manage has remained fairly constant over centuries, even as capabilities change around it. War may have changed, but war never changes.

Now, sometimes revolutionary technologies, never thought of when a specific law or specific principle was originally come up with, may change exactly how the implementation of the law protects those interests. The 'ad coelum' doctrine, which stated that a property owner also owned all of the air above their property and the ground beneath it, was originally stated in the thirteenth century by Accursius, who phrased it in Latin as 'whoever's is the soil, it is theirs all the way to Heaven and all the way to Hell'. And this worked fine for protecting all the interests of people involved, until the invention of the passenger aircraft, which by flying overhead, was trespassing on several different private properties each second.

Did we have to throw out all of our old law? No, we simply reinterpreted it - the 'ad coelum' doctrine wasn't meant to give you the ability to sue planes or trained birds for flying overhead, it was meant to protect your interest in being able to mine underneath your property or build as tall as physical engineering permitted you to. Those interests could still be protected while allowing planes to fly overhead without trouble. Focus on the interests, not on the implementation, and the basic rules will remain constant.

What's the 'law of the AI'? Is AI really the problem? AI, the Russians, the Chinese, I see all of these things as an attention-grabbing distraction, something that's new and thus newsworthy. The interests that people have are getting accurate information about the world around them. But remember the sophisticated people on the National Review cruise you mentioned, JVL, the ones who were enraptured by the story that Barack Obama's secret gay lover was about to reveal himself? The ones who were horrendously upset with you when you pointed out that that wasn't going to happen and never was going to happen, that they were all circulating a lie about their political enemies that made them feel good but was clearly false?

The problem isn't AI. The problem is that we have a huge chunk of the population who doesn't want accurate information. That problem is going to stay with us whether the fakes created are perfect simulacra of reality crafted in a Chinese research laboratory, or a hastily-made photoshop from catpuncher420 on Twitter.

I'm not at all afraid of what AI is going to do come 2024. I'm absolutely terrified of what a huge chunk of the population, a chunk of the population that hates their political enemies so much and cares so little about whether or not what they're hearing is true that Fox News was willing to pay 767 million dollars rather than disagree with them, is going to do. And they're going to do that whether or not artificial intelligence is an evolutionary or a revolutionary technology. They'd do that if artificial intelligence didn't even exist.

The problem isn't AI. The problem is the people.

As you always say.

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Cosmic Debris's avatar

<quote>AI is a toy today.</quote>

I hate correcting you but the technically correct phrase is "The AI that you see is a toy today."

The stuff in the labs stays out of the public eye for a good reason. For example, is AI that could handle stock trading strategies. Not the stuff Wells Fargo tells you about when you check your balance or get money from the ATM. Stuff that's being run in data centers that don't have an address or signage. Data centers that are blurred out on Google Street View. Data centers with ten feet of fence topped with concertina wire.

And don't even ask about the NSA's data center in Utah...

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