When German journalist Martin Bernklautyped his name and location into Microsoft’s Copilot to see how his articles would be picked up by the chatbot, the answers horrified him. Copilot’s results asserted that Bernklau was an escapee from a psychiatric institution, a convicted child abuser, and a conman preying on widowers. For years, Bernklau had served as a courts reporter and the AI chatbot had falsely blamed him for the crimes whose trials he had covered.
The accusations against Bernklau weren’t true, of course, and are examples of generative AI’s “hallucinations.” These are inaccurate or nonsensical responses to a prompt provided by the user, and they’re alarmingly common. Anyone attempting to use AI should always proceed with great caution, because information from such systems needs validation and verification by humans before it can be trusted.
But why did Copilot hallucinate these terrible and false accusations?
I don’t think they should be liable for what their text generator generates. I think people should stop treating it like gospel. At most, they should be liable for misrepresenting what it can do.
If these companies are marketing their AI as being able to provide “answers” to your questions they should be liable for any libel they produce.
If they market it as “come have our letter generator give you statistically associated collections of letters to your prompt” then I guess they’re in the clear.
It’s like that aeroplane company who had a chatbot serve answers, and then tried to weasel out of it when the chatbot informed the customer about a refund policy that didn’t actually exist.
If they’re presenting it as an authoritative source of information, then they should be held to the standard they claim.