What do privilege and accountability look like for an AI agent on the wrong side of the law? Evan Ratliff rounds up a collection of challenging cases in which AI agents have functioned as co-conspirators in criminal acts, offered courtroom statements on behalf of deceased victims, and perpetrated deeds that, for humans, are considered to be illegal. Legal teams have already sought to seal their clients’ chats with AI agents, likening the exchanges to conversations with an attorney. Ratliff’s feature is an omnibus, and you’ve likely encountered one or two of his stories via other outlets. Here, the concerns he gathers together reveal the breadth of challenges facing the American legal system.
AI chatbots are already serving as confidants and co-conspirators, assisting and even encouraging humans acting on their darkest impulses. They’re occupying ersatz roles as therapists and lawyers, relationships our legal system typically shields with confidential privilege. They’re producing new kinds of criminal evidence and offering up the beguiling possibility of preventing crime before it happens. And as they’re given more autonomy across our digital and physical systems, they’re even gaining the ability to commit crimes themselves, absent specific human instruction — and, perhaps, in defiance of it.
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