Two AI Truths and a Lie

26 Yale Journal of Law and Technology 595 (2024)

50 Pages Posted: 20 Jun 2024

See all articles by Woodrow Hartzog

Woodrow Hartzog

Boston University School of Law; Stanford Law School Center for Internet and Society

Date Written: May 24, 2024

Abstract

Industry will take everything it can in developing Artificial Intelligence (AI) systems. We will get used to it. This will be done for our benefit. Two of these things are true and one of them is a lie. It is critical that lawmakers identify them correctly. In this Essay, I argue that no matter how AI systems develop, if lawmakers do not address the dynamics of dangerous extraction, harmful normalization, and adversarial self-dealing, then AI systems will likely be used to do more harm than good.

Given these inevitabilities, lawmakers will need to change their usual approach to regulating technology. Procedural approaches requiring transparency and consent will not be enough. Merely regulating use of data ignores how information collection and the affordances of tools bestow and exercise power. A better approach involves duties, design rules, defaults, and dead ends. This layered approach will more squarely address dangerous extraction, harmful normalization, and adversarial self-dealing to better ensure that deployments of AI advance the public good.

Keywords: artificial intelligence, privacy, consumer protection, data protection, surveillance

Suggested Citation

Hartzog, Woodrow, Two AI Truths and a Lie (May 24, 2024). 26 Yale Journal of Law and Technology 595 (2024), Available at SSRN: https://ssrn.com/abstract=4840383

Woodrow Hartzog (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

HOME PAGE: http://https://www.bu.edu/law/profile/woodrow-hartzog/

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/profile/woodrow-hartzog

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