A guest post written by David Newhoff. AI, of course, stands for “artificial intelligence.” David is the author of Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright (Potomac Books 2020) and a copyright advocate/writer at The Illusion of More.
I woke up the other day thinking about artificial intelligence (AI) in context to the Cold War and the nuclear arms race, and curiously enough, the next two articles I read about AI made arms race references. Where my pre-caffeinated mind had gone was back to the early 1980s when, as teenagers, we often asked that futile question as to why any nation needed to stockpile nuclear weapons in quantities that could destroy the world many times over.
Every generation of adolescents believes—and at times confirms—that the adults have no idea what the hell they’re doing; and watching the MADness of what often seemed like a rapturous embrace of nuclear annihilation was, perhaps, the unifying existential threat which shaped our generation’s world view. Since then, reasonable arguments have been made that nuclear stalemate has yielded an unprecedented period of relative global peace, but the underlying question remains: Are we powerless to stop the development of new modes of self-destruction?
Of course, push-button extinction is easy to imagine and, in a way, easy to ignore. If something were to go terribly wrong, and the missiles fly, it’s game over in a matter of minutes with no timeouts left. So, it is possible to “stop worrying” if not quite “love the bomb” (h/t Strangelove); but today’s technological threats preface outcomes that are less merciful than swift obliteration. Instead, they offer a slow and seemingly inexorable decline toward the dystopias of science fiction—a future in which we are not wiped out in a flash but instead “amused to death” (h/t Postman) as we relinquish humanity itself to the exigencies of technologies that serve little or no purpose.
The first essay I read about AI, written by Anja Kaspersen and Wendell Wallach for the Carnegie Council, advocates a “reset” in ethical thinking about AI, arguing that giant technology investments are once again building systems with little consideration for their potential effect on people. “In the current AI discourse we perceive a widespread failure to appreciate why it is so important to champion human dignity. There is risk of creating a world in which meaning and value are stripped from human life,” the authors write. Later, they quote Robert Oppenheimer …
It is not possible to be a scientist unless you believe that the knowledge of the world, and the power which this gives, is a thing which is of intrinsic value to humanity, and that you are using it to help in the spread of knowledge, and are willing to take the consequences.
I have argued repeatedly that generative AI “art” is devoid of meaning and value and that the question posed by these technologies is not merely how they might influence copyright law, but whether they should exist at all. It may seem farfetched to contemplate banning or regulating the development of AI tech, but it should not be viewed as an outlandish proposal. If certain AI developments have the capacity to dramatically alter human existence—perhaps even erode what it means to be human—why is this any less a subject of public policy than regulating a nuclear power plant or food safety?
Of course, public policy means legislators, and it is quixotic to believe that any Congress, let alone the current one, could sensibly address AI before the industry causes havoc. At best, the tech would flood the market long before the most sincere, bipartisan efforts of lawmakers could grasp the issues; and at worst, far too many politicians have shown that they would sooner exploit these technologies for their own gain than they would seek to regulate it in the public interest. “AI applications are increasingly being developed to track and manipulate humans, whether for commercial, political, or military purposes, by all means available—including deception,” write Kaspersen and Wallach. I think it’s fair to read that as Cambridge Analytica 2.0 and to recognize that the parties who used the Beta version are still around—and many have offices on Capitol Hill.
Kaspersen and Wallach predict that we may soon discover that generative AI will have the same effect on education that “social media has had on truth.” In response, I would ask the following: In the seven years since the destructive power of social media became headline news, have those revelations significantly changed the conversation, let alone muted the cyber-libertarian dogma of the platform owners? I suspect that AI in the classroom threatens to exacerbate rather than parallel the damage done by social media to truth (i.e., reason). If social media has dulled Socratic skills with the flavors of narcissism, ChatGPT promises a future that does not remember what Socratic skills used to mean.
And that brings me to the next article I read in which Chris Gillard and Pete Rorabaugh, writing for Slate, use “arms race” as a metaphor to criticize technological responses to the prospect of students cheating with AI systems like ChatGPT. Their article begins:
In the classroom of the future—if there still are any—it’s easy to imagine the endpoint of an arms race: an artificial intelligence that generates the day’s lessons and prompts, a student-deployed A.I. that will surreptitiously do the assignment, and finally, a third-party A.I. that will determine if any of the pupils actually did the work with their own fingers and brain. Loop complete; no humans needed. If you were to take all the hype about ChatGPT at face value, this might feel inevitable. It’s not.
In what I feared might be another tech-apologist piece labeling concern about AI a “moral panic,” Gillard and Rorabaugh make the opposite point. Their criticism of software solutions to mitigate student cheating is that it is small thinking which erroneously accepts as a fait accompli that these AI systems are here to stay whether we like it or not. “Telling us that resistance to a particular technology is futile is a favorite talking point for technologists who release systems with few if any guardrails out into the world and then put the onus on society to address most of the problems that arise,” they write.
In other words, here we go again. The ethical, and perhaps legal, challenges posed by AI are an extension of the same conversation we generally failed to have about social media and its cheery promises to be an engine of democracy. “It’s a failure of imagination to think that we must learn to live with an A.I. writing tool just because it was built,” Gillard and Rorabaugh argue. I would like to agree but am skeptical that the imagination required to reject certain technologies exists outside the rooms where ethicists gather. And this is why I wake up thinking about AI in context to the Cold War, except of course that the doctrine of Mutually Assured Destruction was rational by contrast.
Photo by the author.
View the original article on The Illusion of More.
Need help registering a copyright or a group of copyrights in the United States, or enforcing a copyright in the United States? Contact attorney Tom James.
