Brad Carson: evaluation

Transcript context

…I hold them both accountable. You know, in the case of, for example, of deep fake pornography, many times it's posted anonymously. You don't even know who did it. It's hard to trace. You know, the people who are victims of it may be young. They may come from families that don't have the resources to pursue litigation. Mhmm. And, right, the remedy hardly meets the harm. Maybe a few years later, you get a judgment against some hapless kid living in a garage who was in your school who has no money. Your reputation has been permanently tarnished. The humiliation is unforgettable to you. And so it's very hard to get it kind of exposed to deal with it. And that is why we do believe that the labs, to the extent possible at all, should design those kind of features out of it. You know, in the same way that in every other kind of approach to torts in this country, right, there's a division of of labor. If I sell you a product and you then go use that product in a, you know, harmful way to others, we have centuries of common law that allocate responsibility between us. If I knew that you were a dangerous person, I nonetheless sold you a gun. Or if I waived any of the rules, if I took no preventative action at all, I knew that you were likely to go out and use it to harm somebody, I should, as a store owner, be held responsible at somebody for you. Not fully, because you did something too. But I'm not absolved of liability if I could reasonably foresee that you were going to use this tool to harm other people. And so we have this allocation of of responsibility across the spectrum. I think the second thing is, and this is a unique part of American law, and it's controversial in some spaces, but it's now well established, that lots of times liability is hard to place on a particular person. And we put the liability on the entity most capable of avoiding the risk and also bearing the punishment through insurance or something like this. And that's why we have product liability law, for example. You know, it's like Mhmm. The companies are capable of getting insurance. They cost us into doing their business. They have the ability to make sure the product's not dangerous, even if someone uses it, misuses it down the line as well. So the way we kind of use the tort system as a form of social insurance suggests that in the case of AI, really the developers of AI should probably bear most of the burden, but not the full burden. Because if it's if you use prompts and do something negative with it or use visual, you know, AI systems to create porn, you too should be held criminally accountable for that. But we know the models are trained on, especially things like stability diffusion and others, right, on loss of images of child pornography. You know, what we would say is that y accountable for that. But we know the models are trained on, especially things like stability diffusion and others, right, on loss of images of child pornography. You know, what we would say is that you should make sure that those are excised from your database, you know, from your from your training materials. And they have the tools to do that. Now, that doesn't solve the deep fake porn problem alone because you're still going to see a lot of adult pornography. Right? And they can transmogrify that into some kind of child pornography. But the idea that you have, like, lots of child pornography in your training data, and you're making no effort to screen for it, you know, it makes no sense to me. So this is where, yes, I'm for the government stepping in there and saying, like, yeah, you should clean that up. And if you don't clean it up, you should be liable for a lot of the downstream effects of that. 100% agree with you on that. So obviously, as you mentioned, there's, I don't know, may definitely centuries or more of of of common law, like, that that applies to to this discussion. Like, how do you see AI as different? What is it is there anything fundamentally different about AI technologies that, I don't know, throw a wrench into into the traditional tort tort analysis?…

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