artificial intelligence

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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Should You Disclose You’re a Law Student on Dating Apps? Here’s What Happened to Me.

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I recently dipped a hesitant toe into the pool of online dating. While scary enough on its own, I was also mildly concerned by the parade of horror stories, bad dates, and just plain weird things I had heard about from friends and veteran dating app users looking for love in the digital age. Heedless of their advice, and with a level of ignorance that was almost courageous, I dove in anyway. 

I should have known better.

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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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