I would be interested in understanding whether you think that joint-and-several liability among model training, model developers, application developers, and users would address many of the criticisms you point out against civil liability. As I said last year, “joint-and-several liability for developers, application providers, and users for misuse, copyright violation, and illegal discrimination would be a useful initial band-aid; among other things, this provides motive for companies to help craft regulation to provide clear rules about what is needed to ensure on each party’s behalf that they will not be financially liable for a given use, or misuse.”
I also think that this helps mitigate the issue with fault-based liability in proving culpability, but I’m agnostic about which liability regime is justified.
Lastly, I think that your arguments mean that there’s good reason to develop a clear proposal for some new liability standard, perhaps including requirements for uncapped liability insurance for some specific portion of eventual damages, rather than assume that the dichotomy of strict vs. fault based is immutable.
I would be interested in understanding whether you think that joint-and-several liability among model training, model developers, application developers, and users would address many of the criticisms you point out against civil liability. As I said last year, “joint-and-several liability for developers, application providers, and users for misuse, copyright violation, and illegal discrimination would be a useful initial band-aid; among other things, this provides motive for companies to help craft regulation to provide clear rules about what is needed to ensure on each party’s behalf that they will not be financially liable for a given use, or misuse.”
I also think that this helps mitigate the issue with fault-based liability in proving culpability, but I’m agnostic about which liability regime is justified.
Lastly, I think that your arguments mean that there’s good reason to develop a clear proposal for some new liability standard, perhaps including requirements for uncapped liability insurance for some specific portion of eventual damages, rather than assume that the dichotomy of strict vs. fault based is immutable.
This is super interesting. Please give me a couple of days to think through it and then comment again.