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Abstract Our interdisciplinary study examines the effectiveness of US law in addressing the complex challenges posed by generative AI systems to fundamental human values, including physical and mental well-being, privacy, autonomy, diversity, and equity. Through the analysis of diverse hypothetical scenarios developed in collaboration with experts, we identified significant shortcomings and ambiguities within the existing legal protections. Constitutional and civil rights law currently struggles to hold AI companies responsible for AI-assisted discriminatory outputs. Moreover, even without considering the liability shield provided by Section 230, existing liability laws may not effectively remedy unintentional and intangible harms caused by AI systems. Demonstrating causal links for liability claims such as defamation or product liability proves exceptionally difficult due to the intricate and opaque nature of these systems. To effectively address these unique and evolving risks posed by generative AI, we propose a “Responsible AI Legal Framework” that adapts to recognize new threats and utilizes a multi-pronged approach. This framework would enshrine fundamental values in legal frameworks, establish comprehensive safety guidelines, and implement liability models tailored to the complexities of human-AI interactions. By proactively mitigating unforeseen harms like mental health impacts and privacy breaches, this framework aims to create a legal landscape capable of navigating the exciting yet precarious future brought forth by generative AI technologies.
Cheong et al. (Tue,) studied this question.