Sunday, October 06, 2024

It’s not science fiction, it just reads like that.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4966334

PREDICTABILITY, AI, AND JUDICIAL FUTURISM: WHY ROBOTS WILL RUN THE LAW AND TEXTUALISTS WILL LIKE IT

The question isn’t whether machines are going to replace judges and lawyers—they are. The question is whether that’s a good thing. If you’re a textualist, you have to answer yes. But you won’t—which means you’re not a textualist. Sorry.

Hypothetical: The year is 2030. AI has far eclipsed the median federal jurist as a textual interpreter. A new country is founded; it’s a democratic republic that uses human legislators to write laws and programs a state-sponsored Large Language Model called “Judge.AI” to apply those laws to facts. The model makes judicial decisions as to conduct on the back end, but can also provide advisory opinions on the front end; if a citizen types in his desired action and hits “enter,” Judge.AI will tell him, ex ante, exactly what it would decide ex post if the citizen were to perform the action and be prosecuted. The primary result is perfect predictability; secondary results include the abolition of case law, the death of common law, and the replacement of all judges—indeed, all lawyers—by a single machine. Don’t fight the hypothetical, assume it works. This article poses the question: Is that a utopia or a dystopia?

If you answer dystopia, you cannot be a textualist. Part I of this article establishes why: Because predictability is textualism’s only lodestar, and Judge.AI is substantially more predictable than any regime operating today. Part II-A dispatches rebuttals premised on positive nuances of the American system; such rebuttals forget that my hypothetical presumes a new nation and take for granted how much of our nation’s founding was premised on mitigating exactly the kinds of human error that Judge.AI would eliminate. And Part II-B dispatches normative rebuttals, which ultimately amount to moral arguments about objective good—which are none of the textualist’s business.

When the dust clears, you have only two choices: You’re a moralist, or you’re a formalist. If you’re the former, you’ll need a complete account of the objective good—which has evaded man for his entire existence. If you’re the latter, you should relish the fast-approaching day when all laws and all lawyers are usurped by a tin box. But you’re going to say you’re something in between. And you’re not.





A point!

https://gaexcellence.com/index.php/ijlgc/article/view/1686

URGENCY RIGHT TO BE FORGOTTEN AS AN LEGAL PROTECTION FOR DEEPFAKE PORNOGRAPHY VICTIMS BY ARTIFICIAL INTELLIGENCE TECHNOLOGY IN SOCIAL MEDIA

The emergence of artificial intelligence (AI) gives threat for abuse manipulated pornography called deepfake pornography. Deepfake pornography is a form of online gender-based violence that allows perpetrator to replace and insert someone’s face onto another person’s body. It can made by anyone and anywhere, so it is vulnerable to cause victims. Deepfake pornography are affected mentally and emotionally for the victims. To support deepfake pornography victims regain control over him, right to be forgotten (RTBF) plays an important role as a protection for the victims. The regulation of RTBF in Indonesia currently in Article 26 (3) UU ITE. Under this RTBF, the victims may request the electronic system organizer to eliminate their images/videos from the platforms. However, RTBF is considered to have legal vague, so resulting in not achievement of legal protection for deepfake pornography victims. The research method is normative qualitative using primary, secondary and tertiary literature data. This study concludes that RTBF is a promising attempt to protect deepfake pornography victims in this digital era, but it is necessary to make efforts by strengthening regulations related to RTBF as a recovery of deepfake pornography victims.





A summation?

https://webofjournals.com/index.php/9/article/view/1787

IMPAСT OF ARTIFICIAL INTELLIGENCE ON THE FIELD OF LAW

This article examines the impact of artificial intelligence on the field of law. The article explores the significance of artificial intelligence in automating legal processes, providing legal advice, and processing documents. Furthermore, it discusses how AI can create opportunities for detecting and preventing crime, as well as predicting court decisions. However, the introduction of AI in the legal field also brings numerous ethical and legal challenges, particularly regarding transparency in decision-making, the reduction of human involvement, and issues such as data privacy, which are also discussed.



No comments: