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There's a host of legal risks AI companies and companies that use generative AI are putting themselves in the path of, that we don't talk about enough:

📜 It's pretty clear Section 230, the foundational law enabling today's internet, DOES NOT protect AI-generated content like that from ChatGPT, Claude or Google's generative search experience

🚗💥🚙 Generative AI could also put companies at risk of product liability claims

My deep dive:

1/🧵

(gift link)

wsj.com/tech/ai/the-ai-industr

Christopher Mims

“If in the coming years we wind up using AI the way most commentators expect, by leaning on it to outsource a lot of our content and judgment calls, I don’t think companies will be able to escape some form of liability.”

-- Jane Bambauer, professor of law at the University of Florida

She's written a whole paper on yet a *third* category of legal risk using generative AI could open companies up to, which I didn't even have space for:

papers.ssrn.com/sol3/papers.cf

2/🧵

“Generative AI is the wild west when it comes to legal risk for internet technology companies, unlike any other time in the history of the internet since its inception.”

-- Graham Ryan, a litigator at Jones Walker who will soon be publishing a paper in the Harvard Journal of Law and Technology the legal risks of generative AI and why Section 230 doesn't protect companies that use it

3/🧵

@mimsical Counter: "using #AI the way most commentators expect" is already far from the most common use case today, and will be less and less in importance.

Section 230 doesn't apply to e.g. automated pipelines of internal documents and using #LLMs for it doesn't change that.

For all the media attention on content creation for public consumption, most #LLM use is very boring office work.

@erispoe @mimsical

This. Content generation is very visible and in the public mind at the moment. But a lot of the real utility is internal or in the back end.