Cybersecurity & Tech

The Lawfare Podcast: Large Language Negligence

Jen Patja, Alan Z. Rozenshtein, Jane Bambauer, Derek E. Bambauer, Mihai Surdeanu
Friday, June 23, 2023, 12:00 PM
As large language models like ChatGPT play an increasingly important role in our society, there will no doubt be examples of them causing harm. Alan Rozenshtein discusses with Jane Bambauer.
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As large language models like ChatGPT play an increasingly important role in our society, there will no doubt be examples of them causing harm. Lawsuits have already been filed in cases where LLMs have made false statements about individuals, but what about run-of-the-mill negligence cases? What happens when an LLM provides faulty medical advice or causes extreme emotional distress?

A forthcoming symposium in the Journal of Free Speech Law tackles these questions, and Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with three of the symposium's contributors at the University of Arizona and the University of Florida: law professors Jane Bambauer and Derek Bambauer, and computer scientist Mihai Surdeanu. Jane's paper focuses on what it means for a LLM to breach its duty of care, and Derek and Mihai explore under what conditions the output of LLMs may be shielded from liability by that all-important Internet statute, Section 230.

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Jen Patja

Jen Patja

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Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.
Alan Z. Rozenshtein

Alan Z. Rozenshtein

@ARozenshtein
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Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, Research Director and Senior Editor at Lawfare, a Nonresident Senior Fellow at the Brookings Institution, and a Term Member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.
Jane Bambauer

Jane Bambauer

JaneYakowitz
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Jane Bambauer is a professor of law and journalism at the University of Florida, where she teaches and researches about free speech, privacy and technology policy.
Derek E. Bambauer

Derek E. Bambauer

@dbambauer
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Derek Bambauer is the Irving Cypen Professor of Law at the University of Florida Levin College of Law. A National Science Foundation-funded investigator, his research areas include artificial intelligence, cybersecurity, Internet censorship, and intellectual property. He previously served as a former principal systems engineer at Lotus Development Corp. (part of IBM) and a research fellow at the Berkman Center for Internet & Society at Harvard Law School, where he was a member of the OpenNet Initiative.
Mihai Surdeanu

Mihai Surdeanu

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Mihai Surdeanu is a computer scientist and Associate Professor at the University of Arizona.

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