• The right to be sued

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    ISSUE 20.19 • 2023-05-08 LEGAL BRIEF By Max Stul Oppenheimer, Esq. Law students are sometimes puzzled by the section of the Corporations Statute sayin
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    • #2557446

      Thank you for this exceptionally informative and thought-provoking column.


    • #2557710

      In the same vein,  you have to get the permission of  the federal government  to sue  a government agency.  Which sounds non nonsensical.  Usually their retort is you don’t have standing. Harkening back  to English common law,  “the King can do no wrong.?

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    • #2557785

      Thank you, Max Stul Oppenheimer for another stimulating article.  As he states at the end:

      … Imposing liability for damaging falsehoods might be the incentive required to build more reliable AIEs.
      Sometimes responsibility is a good thing.

      Along similar lines, lawyers for public (and various) figures are claiming that any evidence against their clients could have been faked through AI.  NPR has a good article about this trend.  Elon Musk & Tesla are being sued by the family of a man who died while using the self-driving feature of his Tesla.  Video evidence shows Musk saying that autonomous self-driving is safer than driving the car yourself.  According to the judge in Huang v. Tesla Inc., 19CV346663:

      “What Tesla is contending is deeply troubling to the Court…Their position is that because Mr. Musk is famous and might be more of a target for deep fakes, his public statements are immune… In other words, Mr. Musk, and others in his position, can simply say whatever they like in the public domain, then hide behind the potential for their recorded statements being a deep fake to avoid taking ownership of what they did actually say and do.”

      This also means that anyone who can afford the lawyers, can use the deepfake defense to drag out proceedings and make it impossible for a not-rich individual to win a lawsuit, since trying to get to the bottom of such garbage will be prohibitively costly.  Perhaps the answer here, too, is to impose liabilities.

      What a virtual can of virtual worms is this thing called AI!  This seems to be true for all its aspects.  For example, medical companies say brave new medicines can be designed more easily with AI.  But, so can biological and chemical weapons… and on and on.

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