Three Laws Blog: Law and Artificial Intelligence

Shaheen on Section 230's Immunity for Generative Artifiicial Intelligence

Louis Shaheen, Ohio State University, has published Section 230's Immunity for Generative Artificial Intelligence. Here is the abstract.

Section 230 of the Communications Decency Act of 1996 immunizes online platforms from liability resulting from the content that third parties post on their platforms. Congress passed Section 230 in response to two civil cases from New York that split on whether online platforms were immune from liability that third parties posted on their sites. Congress was concerned that, without immunity from third-party content posted on their websites, online platforms would not survive. Moreover, Congress believed that immunity was necessary for the internet's development. Congress was right. Commentators have hailed Section 230 as the backbone of the internet. But as time has passed, Section 230 has been repeatedly criticized for the broad immunity it has given platforms––immunity for conduct outside the bounds of what its drafters anticipated. With the emergence of generative artificial intelligence, Section 230 is back in the news. Congress, President Joe Biden, law firms, and law professors have begun discussing in executive orders, hearings, and law reviews whether generative artificial intelligence has Section 230 immunity. They are all concerned about the impact that artificial intelligence will have on our society. Circuit courts have not had the chance to explicitly make clear whether Section 230 immunizes generative artificial intelligence.

Download the article from SSRN at the link.

Grieman on Law, Death, and Robots: The Regulation of Artificial Intelligence in High Risk Civil Applications @hartpublishing

Forthcoming from Hart Publishing:

Keri Grieman, Law, Death, and Robots: The Regulation of Artificial Intelligence in High Risk Civil Applications (October 2024). Here from the publisher's website is a description of the book's contents.

 

Can the law keep up with AI? This book examines liability and regulation for artificial intelligence causing serious physical harm, both now and in the future. While AI moves quickly, regulation follows more slowly – an increasing problem for an evolutionary, fast-paced emerging technology. AI has the potential to save lives, but in doing so will have the potential to take them as well. How do we future-proof law and regulation to incentivise life-saving innovation as safely as possible? This book details how to regulate AI in high-risk civil applications (for example, automated vehicles and medicine), addressing both liability and regulatory structure. It highlights crucial liability themes for technology governance; provides tools to bridge the gap between regulators and technologists; examines jurisdictional approaches to AI regulation in the EU, UK, USA, and Singapore; and ultimately suggests a jurisdiction-agnostic blueprint for regulation.

Solove on A Regulatory Roadmap to AI and Privacy @DanielSolove @TeachPrivacy @gwlaw

Daniel J. Solove, George Washington University Law School, is publishing A Regulatory Roadmap to AI and Privacy as a GWU Law School Public Law Research Paper. Here is the abstract.

This short essay provides a regulatory roadmap to artificial intelligence and privacy. AI and privacy are deeply intertwined and have a complicated relationship with much overlap. AI can increase existing privacy problems, add dimensions and complexities to them, or remix them. Some attempts to regulate focus exclusively on AI, but doing this is like trying to remove weeds without digging up their roots. In stark ways, AI is showing the flaws in existing privacy laws. Instead of seeing AI as a unique situation, AI should be viewed as an opportunity to change course with privacy law generally. To address AI’s privacy problems, policymakers shouldn’t just pass new AI laws; they should also fix existing privacy laws. This essay briefly discusses the privacy problems raised by AI and how privacy law should be reformed to respond to these problems.

Download the essay from SSRN at the link.