philip lelyveld The world of entertainment technology

Harvard Law Review – Artificial Intelligence

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Chapter I examines how state and federal bills aimed at regulating discriminatory AI fit into the larger framework of antidiscrimination law.  ...

Chapter II interrogates the “double bind” AI creates for artistic communities — the artist’s urge to use a new tool for greater creativity while that very tool simultaneously threatens the same human artist with irrelevance. ...

Following Chapter II’s consideration of specific professional contexts, Chapter III expands the discussion of affected communities to a global scale. This Chapter explores the importance of preserving democratic values in the governance of AI.  ...

On the topic of governance, corporations have experimented with uncommon forms of governance to channel the development of AI in a safe direction. While these corporate structures can control for traditional profit seeking by shareholders, Chapter IV investigates the mystery of “superstakeholders” — parties who wield unanticipated influence over the corporate board and may undermine a company’s prosocial mission in unexpected ways. Therefore, traditional theories of “amoral” drift may not offer a full explanation for events such as OpenAI’s firing-rehiring of Sam Altman and seeming pivot to profit.  ...

Revisiting themes raised in earlier Chapters, Chapter V sounds an alarm about inadequate oversight of AI. Drawing on examples of how a deregulatory approach to internet content has left injured individuals without legal recourse and even plausibly facilitated violence, the Chapter identifies accountability, transparency, and democracy as gaps in the internet’s current regulatory framework — problems echoed in the current context of generative AI, as well. ...

Together, these Chapters seek to advance how the legal world is grappling with AI’s challenges and opportunities.  ...

See (and download) the full article here: https://harvardlawreview.org/print/vol-138/introduction-10/