ABSTRACT
In this chapter, We lay out the control problem, as well as other challenges such as surveillance, bias, weaponized bots, and deepfakes, posed by artificial intelligence and urge readers to take these problems seriously, even as we pursue headlong the creation of a Humachine. Let’s consider what laws might do to manage the risk of these AI-augmented powers. As law is a reflection of our appetite for risk, we contrast the precautionary principle with the more traditional cost-benefit analysis risk management approach. We recommend the former for dealing with the risks posed by AI. We take a deep dive into the problem of deepfakes to illustrate the challenge AI can pose to lawmakers. Issues of data privacy and security become increasingly urgent in light of the control problem because AI feeds upon, and could potentially weaponize, consumer data. The black-box nature of AI decision-making and issues posed by ingraining bias within AI systems also throw curve balls at traditional legal notions of liability and fault.
