Q&A Roundup Part 3

Hey Nathan,

I’m ≡≡≡≡≡≡≡≡, an AI MSc student. Your comic is great! : ) I have some questions.
(1) The Good Wife, a show about lawyers, makes law knowledge seem a bit like a weapon to be used for attack and defence to help one navigate the civilized world. To what extent is this true? That is, what exactly is the utility of law knowledge without a license to practice it? Does being the best unlicensed lawyer in the universe turn you into a superhero or just an interesting dude?
(2) Suppose hypothetically that the AI apocalypse will be upon us in 5-20 years. Will laws about AI rights be passed? Will the development of AI systems in uncontrolled environments become illegal in an effort to prevent it?
(3) Along similar lines, it might, in the not too distant future, be trivial to surveil everything, everywhere, all the time. How does the legal system address this? How do you see the law evolving as these waves of technology hit us?

Thanks for writing, ≡≡≡≡≡≡≡≡! Each of your questions could make for a long article in a law review, but here are some quick off-the-top-of-my-head thoughts:

1) I haven’t seen the show, but there are certainly people out there who try to use knowledge of law (and rules in general) as a tool to get their way. Sometimes it’s to prevent other people from doing something, sometimes it’s to make other people do something, and sometimes it’s to get money from people. Obstruction, compulsion, and extortion. They’re rare, in my experience, but they do exist.
If you think of life in a given society as a game, then the law is simply the rulebook for playing that game. And it can be hard to play the game if you don’t have at least a basic understanding of the rules (which is what I’m trying to give folks with my comic). The better you understand the rules that apply to you, the better you’ll be able to play the game, the less likely another player will be able to cheat you, and the better your understanding of the game itself. Similarly, the better you understand the law that applies to you, the better you’ll be able to make informed decisions, protect yourself from those who would use law as a weapon, and the deeper your understanding of our society and culture. The utility of law knowledge is the ability to navigate life.
The reason why lawyers exist, and why there is such a demand for them, is because we keep adding to the rulebook and rewriting it and making it ever more complex and arcane. Nobody can know all of it, so we hire people who understand the bit that affects us right now, and pay them for advice and to make decisions on our behalf. But that doesn’t mean people shouldn’t bother learning at least the basics of law, and just leave it all up to the lawyers. That would be like downloading a bot to play the game for you. And not even knowing which kind of bot to get.
I don’t think a fundamental knowledge of the law makes one either a superhero or extra interesting. I think it’s a basic prerequisite for functioning in any society.
2) The less we understand something, the more we fear it. The more we fear something, the more we try to prevent it. Often, this means passing laws to prohibit something when we don’t understand what we’re prohibiting. Laws like that are typically both overbroad, punishing those it wasn’t aiming at, and ineffective against the intended target.
Most people have even less understanding of technology than they do of law. Politicians and regulators are no different. I’d expect all kinds of laws trying to regulate and prohibit scary tech, and I’d expect blameless people to be prosecuted and punished simply because they’re easy to catch and easy to convict according to poorly-thought-out laws, and I’d expect people who want to develop the tech to find ways of doing so regardless.
In other words, we’ll do what we always do.
3) The concern with surveillance is mostly with how the government can do it. For individuals and businesses, the main concern is not breaking laws against wiretapping – recording someone’s voice without their knowledge. This is why many security video cameras don’t have a microphone.
When it comes to the government, all these extra cameras everywhere are a potential source of evidence that the government could subpoena – and because it wasn’t the government taking the videos, there’d be no issue about whether the government violated your rights when the video was taken. Free evidence that won’t be suppressed. The expense would be in tracking down useful videos and subpoenaing them before they’ve been deleted.
But what I think you’re getting at is whether there may be an erosion of our “expectation of privacy” – and therefore our protections against government surveillance – as surveillance in general becomes more ubiquitous and technologically advanced. I think that’s extremely likely. After all, if a reasonable person would have to expect that he or his stuff could be detected by any private individual or entity, then how can it be reasonable to prohibit the police from detecting it? Not just security video and things people capture with their cell phones, but also code that tracks behavior online, and other details yet to be imagined.
As surveillance technology advances and its use gets more ubiquitous, we’ll have two options: (a) prohibit people from using or making advanced devices; severely restrict public photography and video recording; and restrict the production and use of software that can analyze it; or (b) let the government see what any private person or organization could see. The first option is impractical, unworkable, and in my opinion morally wrong. So we’re probably going to have to go with the second. Our expectation of privacy is going to erode, and the government will be allowed to see more and more of what we do.
I’d be interested to hear what other people think about these questions. All the best!

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