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The Lawfare Podcast

Lawfare Daily: Old Laws, New Tech: How Traditional Legal Doctrines Tackle AI

Dec 26, 2024
Catherine Sharkey, a leading NYU law professor, joins Bryan Choi from Ohio State University and Kat Geddes from NYU and Cornell Tech to discuss the intersection of traditional legal doctrines and artificial intelligence. They explore the complexities of applying existing laws to AI liability and copyright challenges. The trio dives into evolving frameworks of product liability, highlighting the urgent need for adaptive legal approaches. They advocate for early regulation in emerging technologies to mitigate risks and protect society as AI continues to advance.
01:14:26

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Quick takeaways

  • Traditional legal doctrines like tort and copyright struggle to adapt to the rapid advancements and ethical concerns posed by AI technologies.
  • The need for a balanced liability framework is emphasized, focusing on fostering innovation while ensuring accountability for AI developers' actions.

Deep dives

Challenges of Traditional Legal Frameworks with AI

Traditional legal frameworks like tort and copyright face significant challenges when applied to AI technologies. Copyright law, while designed to protect creators, may not adequately address the ethical implications of AI, especially when generative models produce works that closely resemble existing art, literature, or imagery. Instances like the New York Times suing OpenAI highlight concerns over displacement of original content creators. Such legal actions raise fundamental questions about how existing laws can adapt to the rapid evolution of technology without sacrificing the original purpose of protecting creative expression.

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