A Comprehensive Taxonomy of Legal Risks Associated with Generative Artificial Intelligence

Belangrijkste concepten

This paper presents a comprehensive taxonomy of legal risks associated with the development and deployment of generative artificial intelligence (GenAI) models, including the most common claims made in existing lawsuits as well as other potential legal risks.

Samenvatting

This paper provides a detailed overview of the legal risks associated with generative artificial intelligence (GenAI) models. The authors first identified the 22 lawsuits filed against prominent GenAI entities and tallied the claims made in each lawsuit. From this analysis, they identified the 7 most common legal claims that are likely to be brought in future GenAI-related lawsuits:

1. Direct copyright infringement
2. Vicarious copyright infringement
3. Contributory copyright infringement
4. Violations of the Digital Millennium Copyright Act (DMCA) 1202(b)
5. Unjust enrichment
6. Negligence
7. Unfair competition

For each of these 7 claims, the authors describe the key elements that plaintiffs must prove and provide examples of how they may apply to GenAI.

The authors also identified 30 other potential legal claims that are less common but still worth considering, separating them into 19 claims more likely to arise in the pre-deployment phase and 11 claims more likely to arise post-deployment. These include various contract, tort, property, criminal, and privacy-related claims.

For each of these additional claims, the authors provide a brief overview of the key elements and potential penalties.

The paper concludes by noting the novelty of GenAI technology and proposing applications for the taxonomy in driving further research on the legal risks.

Statistieken

"GenAI models have expanded from single-modality (e.g., text or image-based) to multi-modal (e.g., generating both images and text, and possibly audio, code, and video)."
"Researchers have already identified a slew of potential risks and categorized them into groups and hierarchies called taxonomies, such as ethical, sociotechnical, code generating, privacy, and security risks."
"We tallied the frequency of each claim that appears in 22 lawsuits against prominent GenAI entities."
"The penalties for direct infringement can include statutory damages ranging from $750 to $30,000 per work, or up to $150,000 per work for willful infringement, as well as actual damages and profits, injunctions, and attorney's fees."

Citaten

"For the most part, it remains unsettled as to how existing statutes and common law will apply to what may be a sufficiently unique form of technology to merit review de novo."
"Frequency is a good proxy for the types of arguments that plaintiffs believe have at least a reasonable chance of success."
"Copyright infringement applies strict liability, meaning it does not require knowledge of infringement or intent to infringe by the defendant."

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A Legal Risk Taxonomy for Generative Artificial Intelligence

by David Atkins... om arxiv.org 04-16-2024

https://arxiv.org/pdf/2404.09479.pdf

Diepere vragen

How might the legal risks and potential liabilities associated with GenAI evolve as the technology continues to advance and become more widely adopted?

As GenAI technology advances and becomes more widely adopted, the legal risks and potential liabilities associated with it are likely to evolve in several ways:

Increased Complexity of Models: As GenAI models become more sophisticated and capable of generating a wider range of outputs, the potential for unintended consequences and legal risks also increases. The complexity of these models may make it harder to predict and mitigate potential harms, leading to greater legal exposure for developers.

Broader Scope of Applications: As GenAI is applied in various industries and contexts, the legal risks associated with its use will also expand. Different sectors may have unique regulatory requirements and standards, leading to a more complex legal landscape for GenAI developers to navigate.

Emergence of New Legal Challenges: As GenAI technology evolves, new legal challenges may arise, such as issues related to data privacy, intellectual property rights, and liability for autonomous decision-making by AI systems. Developers will need to stay abreast of these developments to ensure compliance with evolving legal standards.

International Regulations: With the global nature of AI technology, developers may face challenges in navigating different legal frameworks and regulations across jurisdictions. Harmonizing international standards for GenAI development and deployment may become essential to mitigate legal risks.

Increased Scrutiny and Accountability: As GenAI becomes more integrated into society, there may be heightened scrutiny and demands for accountability regarding the ethical and legal implications of AI systems. Developers may face greater pressure to ensure transparency, fairness, and accountability in their AI applications.

Overall, as GenAI technology advances and becomes more pervasive, developers will need to proactively address legal risks, stay informed about evolving regulations, and implement robust compliance measures to mitigate potential liabilities.

To what extent should GenAI developers be held responsible for unintended or unforeseen harms caused by the outputs of their models, even if they made reasonable efforts to mitigate risks?

GenAI developers should be held responsible for unintended or unforeseen harms caused by the outputs of their models, even if they made reasonable efforts to mitigate risks. Several factors contribute to this stance:

Duty of Care: Developers have a duty of care to ensure that their AI systems do not cause harm to individuals or society. This duty extends to taking reasonable steps to anticipate and mitigate potential risks associated with their technology.

Risk Assessment and Mitigation: While developers may make reasonable efforts to mitigate risks, the inherent complexity of AI systems can lead to unforeseen consequences. Developers should be held accountable for conducting thorough risk assessments and implementing appropriate safeguards to prevent harm.

Ethical and Legal Obligations: Developers have ethical and legal obligations to prioritize the safety and well-being of users and stakeholders. In cases where harm occurs despite mitigation efforts, developers should take responsibility for addressing the consequences and implementing corrective measures.

Transparency and Accountability: Holding developers accountable for unintended harms promotes transparency and accountability in the AI industry. It encourages developers to prioritize ethical considerations and proactively address potential risks in their AI systems.

While developers cannot eliminate all risks associated with AI technology, they should be prepared to accept responsibility for unintended consequences and take proactive measures to address any harm caused by their models.

What new legal frameworks or regulatory approaches might be needed to effectively govern the development and deployment of GenAI in a way that balances innovation and societal benefits with appropriate safeguards and accountability?

To effectively govern the development and deployment of GenAI while balancing innovation, societal benefits, safeguards, and accountability, new legal frameworks and regulatory approaches may be necessary:

Ethical Guidelines and Standards: Establishing clear ethical guidelines and standards for GenAI development can help ensure responsible and ethical use of AI technology. These guidelines should address issues such as transparency, fairness, accountability, and bias mitigation.

Risk Assessment and Impact Analysis: Implementing requirements for comprehensive risk assessment and impact analysis for GenAI systems can help identify potential harms and mitigate risks before deployment. Developers should be required to assess the social, ethical, and legal implications of their AI applications.

Data Privacy and Security Regulations: Strengthening data privacy and security regulations to protect personal data used by GenAI systems is essential. Clear guidelines on data collection, storage, and sharing can help safeguard individuals' privacy rights and prevent misuse of sensitive information.

Liability Frameworks: Developing liability frameworks that clarify the responsibilities of developers, users, and other stakeholders in cases of AI-related harm can provide legal clarity and accountability. These frameworks should address issues of liability, compensation, and redress for individuals affected by AI systems.

International Collaboration: Promoting international collaboration and harmonization of AI regulations can facilitate consistent standards and practices across borders. Multilateral agreements and frameworks can help address the global implications of AI technology and ensure alignment with international norms.

Oversight and Governance Bodies: Establishing independent oversight and governance bodies to monitor the development and deployment of GenAI can enhance accountability and transparency. These bodies can provide guidance, review AI applications, and address complaints or concerns related to AI ethics and compliance.

By implementing these new legal frameworks and regulatory approaches, policymakers can create a conducive environment for the responsible development and deployment of GenAI, fostering innovation while safeguarding societal interests and promoting ethical AI practices.