5min chapter

We the People cover image

Artificial Intelligence, Defamation, and New Speech Frontiers

We the People

CHAPTER

How OpenAI Can Be Held Liable Under Existing Law When the Actual Malice Standard Applies

There are two ways in which the AI companies could be held liable under existing law. One is when the so-called actual malice standard applies. The other theory is a negligence based theory. Eugene: I think it's not a question of do you use negligence liability, or do you use product liability? He says there are alternative designs that would have avoided the danger.

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