Generative AI is Doomed

19 Pages Posted: 25 Apr 2024

See all articles by Eric Goldman

Eric Goldman

Santa Clara University - School of Law

Date Written: April 16, 2024


I delivered this talk as the 2024 Nies Lecture at Marquette University School of Law, Milwaukee, WI. The talk compares the recent proliferation of Generative AI with the Internet’s proliferation in the mid-1990s. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society. However, the public sentiments toward the two innovations have differed radically. The Internet arrived during a period of widespread techno-optimism, creating a regulatory environment that fostered the Internet’s growth. Generative AI, in contrast, has arrived during widespread techno-pessimism and following decades of conditioning about the dangers of “AI.” The difference is consequential: The prevailing regulatory and legal responses to Generative AI will limit or even negate its benefits. If society hopes to achieve the full potential of Generative AI, we’ll need to adopt a new regulatory approach quickly.

Keywords: generative AI, AI artificial intelligence, technology, regulation, openAI, chatGPT, dall-e, section 230, 47 USC 230, first amendment, EU AI act, dot com boom, internet exceptionalism

JEL Classification: K2, K4, L4, L5, L86, O33

Suggested Citation

Goldman, Eric, Generative AI is Doomed (April 16, 2024). Santa Clara Univ. Legal Studies Research Paper No. 4802313, Available at SSRN: or

Eric Goldman (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
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