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The Lawfare Podcast

Lawfare Archive: Eugene Volokh on AI Libel

Aug 25, 2024
In this insightful discussion, Eugene Volokh, a legal scholar specializing in constitutional law and free speech, tackles the complex issue of AI-generated defamation. He explores the implications of libel laws in the age of AI, questioning how courts might handle statements made by tools like ChatGPT. The conversation dives into potential legal responsibilities for developers, malice definitions, and whether lawsuits or regulations are the answer. Volokh emphasizes the need for accountability in AI while navigating the challenges of free speech and emerging technology.
54:12

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Quick takeaways

  • The rise of large language models like ChatGPT presents significant defamation risks, as they can generate false information impacting individual reputations.
  • Applying traditional defamation law to AI outputs complicates liability, requiring clearer distinctions between fact and opinion in generated content.

Deep dives

The Impact of Large Language Models on Reputation

The increasing integration of large language models (LLMs) like ChatGPT into everyday software creates potential risks for individuals' reputations. As people increasingly turn to these AI tools for information about others—such as job candidates or acquaintances—the possibility arises that LLMs may generate false or harmful assertions. This shift from traditional search engines to AI-driven inquiries could profoundly impact how individuals are perceived, leading to long-term consequences in personal and professional spheres. Consequently, the concern is not just about the accuracy of the information generated but also about the potential for reputational harm resulting from inaccuracies or misinterpretations by LLMs.

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