> otherwise legislative bodies and agency rulemakers are just guessing at industry trends
Assigning liability requires understanding the thing. But it is also a game of aligning incentives.
We make banks liable for fraud even when they’re not really culpable, just involved. Our justification is that the government is giving them a massive amount of power in being able to create money, and that this power comes with responsibilities. Well? We’re giving AI companies literally power. (Electricity.) Maybe once you’re a $10+ billion AI company, you become financially responsible for your users fucking up, even if you’re morally only tangentially involved. (Making no comment on the tangency of this case.)
Assigning liability requires understanding the thing. But it is also a game of aligning incentives.
We make banks liable for fraud even when they’re not really culpable, just involved. Our justification is that the government is giving them a massive amount of power in being able to create money, and that this power comes with responsibilities. Well? We’re giving AI companies literally power. (Electricity.) Maybe once you’re a $10+ billion AI company, you become financially responsible for your users fucking up, even if you’re morally only tangentially involved. (Making no comment on the tangency of this case.)