Artificial Intelligence Cannibalism and the Law

Colorado Technology Law Journal, forthcoming

WVU College of Law Research Paper, No. 2023-23

12 Pages Posted: 9 Nov 2023 Last revised: 14 Dec 2023

See all articles by Amy Cyphert

Amy Cyphert

West Virginia University - College of Law

Sam Perl

Carnegie Mellon University; Florida Institute of Technology

S. Sean Tu

West Virginia University College of Law; Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital; Georgetown University - The O'Neill Institute for National and Global Health Law

Date Written: November 3, 2023

Abstract

Lawyers are already using - and misusing - large language models like ChatGPT in their daily lives as they practice law. Despite recent headlines pointing out the very real downsides of misuse of the technology, it is all but certain that lawyers will use LLMs with increasing frequency more in the coming years.4 Indeed, many law schools, recognizing that lawyers need to understand LLMs, are scrambling to train students on best practices. But LLMs are racing toward a cliff that could severely undercut their usefulness to lawyers, and potentially even stifle the development of law itself.

As news articles, blog posts, and even works of fiction generated by AI make up more and more of the internet, those outputs will form an ever larger share of the data training sets of future LLMs. Recent studies suggest this is potentially catastrophic for the model’s stability and could result in more misinformation and increasing “AI hallucinations.” Such a result would lessen the utility of these tools for lawyers, and could even have profound impacts on the development of law. Further, if lawyers are overly reliant on generative AI in their practice, they risk undermining their own creative processes and further stunting the development of law.

Keywords: Artificial Intelligence, algorithm, legal standards

Suggested Citation

Cyphert, Amy and Perl, Sam and Tu, Shine (Sean), Artificial Intelligence Cannibalism and the Law (November 3, 2023). Colorado Technology Law Journal, forthcoming, WVU College of Law Research Paper, No. 2023-23, Available at SSRN: https://ssrn.com/abstract=4622769 or http://dx.doi.org/10.2139/ssrn.4622769

Amy Cyphert

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

Sam Perl

Carnegie Mellon University

Pittsburgh, PA 15213-3890
United States

Florida Institute of Technology ( email )

150 West University Blvd.
Melbourne, FL 32901-6975
United States

Shine (Sean) Tu (Contact Author)

West Virginia University College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

HOME PAGE: http://https://www.law.wvu.edu/faculty-staff/faculty/s-sean-tu

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital ( email )

1620 Tremont St.
Suite 3012
Boston, MA 02120
United States

HOME PAGE: http://https://www.portalresearch.org/sean-tu.html

Georgetown University - The O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://https://oneill.law.georgetown.edu/experts/s-sean-tu/

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