Comment 8: Some Thoughts About Technology and a Podcast

It’s been a busy month. While I have a few interesting topics we’ll be looking at, today just isn’t the day for those; however, I’m not saying this month won’t be interesting! Instead, I’ll be sharing some thoughts I have about technology, the law, etc, and giving you a link to a podcast you need to listen to if you care about those things.

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Science fiction, as a genre, has always played an important part in the creation and development of real world technologies. As we all develop whiplash keeping up with AI, I’ve found my mind drifting back to Isaac Asimov. In a book I, Robot and in later years Asimov famously developed the Three Rules of Robotics.

1. A robot may not injure a human being or, through inaction, allow a human being to come to harm.

2. A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.

3. A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

The “Zeroth Law” came later, becoming the technical ‘first law’.

0th. A robot may not harm humanity or, through inaction, allow humanity to come to harm.

I feel like these are a commonsense approach to robotics and AI. Many inventors and engineers have cited Asimov’s Three Rules as a guiding principle in their work.

But I look at the growing use of AI by lawyers, judges, and lawmakers. I admit a distinct, and terrifying, possibility that AI could start litigating and deciding cases with nominal human interaction. Then remember that an inescapable function of the courts is the application of harm be that from trying to making victims whole, punishing people for crimes, or deciding who does or does not have protections. I’m hoping everybody involved is thinking about Asimov.

Earlier this year, the US Copyright Office released Part 2 of their report regarding Artificial Intelligence. In the report the department goes on record stating that ‘AI generated material cannot be copyrighted without some level of human intervention’. While I agree that AI materials shouldn’t be copyrighted, I also see the potential for a giant “Made in the USA”-sized loophole.

Finally, a podcast episode you should really listen to. On a recent episode of Decoder (which I’ve recommended before) the CEO of LexisNexis talks about AI, the future of lawyering, and the new ways that LexisNexis sees its role in legal research.

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The ABA Rules of Professional Conduct, Model Rule 1.1 Comment 8 requires, “To maintain the requisite knowledge and skill, a lawyer shall keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” To that end, we have developed this regular series to develop the competence and skills necessary to responsibly choose and use the best technologies for your educational and professional lives. If you have any questions, concerns, or topics you would like to see discussed, please reach out to e.koltonski@csuohio.edu  with “Comment 8” in the subject.