AI

Court Strikes Down Law Regulating Election-Related AI Content

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

By reducing traditional barriers of content creation, the AI revolution holds the potential to unleash an explosion in creative expression. It also increases the societal risks associated with the spread of misinformation. This tension is the subject of a recent landmark judicial decision, Babylon Bee v Bonta (hat tip to Ajit Pai, whose social media account remains an outstanding follow). The eponymous satirical news site and others challenged California’s AB 2839, which prohibited the dissemination of “materially deceptive” AI-generated audio or video content related to elections. Although the court recognized that the case presented a novel question about “synthetically edited or digitally altered” content, it struck down the law, concluding that the rise of AI does not justify a departure from long-standing First Amendment principles.

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Design Mandate Proposals Threaten American AI Leadership

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This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Scholars often cite the 1984 Betamax case as a pivotal moment in the development of modern American tech policy. The entertainment industry sought to prohibit Sony from selling its videocassette recorder, because it could be—and largely was—used by consumers for copyright infringement. But the Court declined, finding that the device was “capable of substantial noninfringing use” and limiting the studios to identifying and suing those who actually used the product illegally.

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AI Art and Copyright Law

/ Eddie Godino / Leave a comment

AI has taken the world by storm, and a plethora of new legal questions have come along with it. Issues relating to AI have only just begun to make their way to the courts, so it may be a while before we have concrete answers, but that doesn’t mean we can’t consider the implications in the meantime.

AI was the central topic of Ropes & Gray’s 6th Annual International IP Summit at BC Law’s campus last month. While the functions AI can serve are almost too many to discuss, one especially interesting application of AI is to generate art. The song “Heart on My Sleeve” used AI to emulate the voices and styles of Drake and The Weeknd with eerie accuracy, and the photo that took first place the Sony World Photography Awards was later revealed to be the product of AI. 

“The Electrician,” created by Boris Eldagsen using AI, which took first place at the Sony World Photography Awards

The popularity of AI-generated art is already having an impact on copyright law. I had a chance to speak with Joseph Liu, accredited scholar and copyright professor here at BC Law, to break down some of the problems posed by AI in the copyright space. 

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The AI Revolution Raises Terrifying Questions about Virtual Child Pornography

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Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.

By Daniel Lyons

It was probably inevitable that the artificial intelligence (AI) discourse would eventually turn to virtual pornography. Earlier this week, CBS News noted that increasingly sophisticated AI editing programs can exacerbate the problem of “deepfake” porn: images and videos digitally altered to appear to be someone else. This article came on the heels of a Twitter discussion Matty Yglesias prompted about whether AI-generated pornography could disrupt the adult industry by removing the need for real people to be involved.

But underlying this discussion is an even more frightening concern: the prospect of virtual child sexual abuse material (CSAM). (Hat tip to Kate Klonick.) It may surprise you that Congress was way ahead of the curve on this issue: A quarter-century ago, it banned so-called virtual child pornography, computer-generated imagery designed to look like CSAM. It may further surprise you that the Supreme Court struck down this law as unconstitutional. But the evolution of technology in the decades since suggests that it is time to revisit this problematic decision.

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How Law Students Can Use ChatGPT (Ethically)

/ Fiona Maguire / Leave a comment

ChatGPT, an artificial intelligence chatbot developed by OpenAI, has garnered much attention since its launch in November 2022. The program has the capability to generate text that closely mimics human writing in response to a given prompt, and its application has spanned across a range of fields from customer support to legal research. 

In an academic context, the conversation often revolves around how students are using the program to write their essays, final exams, and other assignments (Take a look at our recent Impact post In Re: ChatGPT). As a result, many educational institutions have established specific prohibitions on using the chatbot, with Best Colleges even publishing a list of bans. However, I think there is real value in ChatGPT for law students–as long as you use it appropriately.

“Used in the right way, ChatGPT can be a friend to the classroom and an amazing tool […], not something to be feared.”

– Adam Stevens, History Teacher
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In Re ChatGPT

/ Thomas R. Blakely / 1 Comment

Much like kids on a long drive playing “I spy” with passing cars, the modern news cycle is often ephemeral in its nervous fixations. Cases in point: a week spent earlier this year in a national discord over the topic of banning gas stoves; the tizzy over Chinese spy balloons; classified documents in a garage with Joe Biden’s Corvette; or any of the other made-for-breaking-news idée fixes that pass in and out of the national consciousness with mind-numbing regularity.

But ChatGPT–the new “generative AI” technology that can use artificial intelligence to produce strikingly well-written prose on the topic–has stuck around. Much like last year’s fanfare over generative art AI like “DALL-E” (which does a similar thing but with visual images), people seem both curious and fascinated by exploring this amusing new tool.

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