David S. Filippi, Western University of Health Sciences, Bill Tomlinson, University of California, Irvine; Victoria University of Wellington, Re Herenga Waka, and Andrew W. Torrance, University of Kansas School of Law; MIT Sloan School of Management, are publishing The Law and AI as "Apex Collaborator": Legal Frameworks for Optimized Cooperation in the FIU Law Review. Here is the abstract.
Law fundamentally exists to enable human cooperation, providing frameworks for everything from basic contracts to complex international agreements. As artificial intelligence systems grow more sophisticated, they may enable new ways that collaborative activity can occur. We posit the possibility of a new kind of AI entity: the “Apex Collaborator”, a computational system with capabilities for cooperation and partnership that are superior, in at least some ways, to those of humans. Just as apex predators shape the ecosystems in which they live through predation, Apex Collaborators would shape human-AI networks through their ability to enhance peaceful coexistence, collective problem-solving, and shared decision-making. “AI as an Apex Collaborator” flips the normal scripts of “AI as danger” or “AI as passive deliverer of benefits to humans”, instead conceiving of AI as a catalyst and enabler capable of lifting human abilities to cooperate above their evolutionary trajectory. This article maps the legal architecture needed to guide AI development toward this collaborative potential, while simultaneously mapping fundamental implications particular coding decisions may have for the law. We address key areas requiring reform: liability regimes governing potential harms to humans, property, or other AIs, copyright law to enable AI training, structures and strictures for AI self-determination, clear accountability for AI-assisted actions and AI agents, interoperability standards, and alignment requirements. The article proposes specific proactive and enforcement mechanisms for AI-ogenic conflict resolution, military restrictions, and data protection including cross-border transfer controls. We outline pathways to foster beneficial collaboration while preventing harmful applications. In particular, we explore the potential for AIs acting as Apex Collaborators to support humanity’s transition to sustainability. Our framework recognizes that as AI systems advance toward apex collaboration capabilities, they may need to participate in their own governance, monitoring and responding to not only harmful AI developments but also previously impossible benefits to humanity.
