Generative AI, Ingenuity, and Law

This paper discusses generative pre-trained transformer technology and its intersection with forms of creativity and law. It highlights the potential of generative AI to change considerable elements of society, including modes of creative endeavors, problem-solving, employment, education, justice, medicine, and governance. The author emphasizes the need for policymakers and experts to join in regulating against the potential risks and implications of this technology. The European Commission has taken steps to address the risks of AI through the European AI Act (EIA), which categorizes AI uses based on their potential harm. The legislation aims to ensure scrutiny and control in extreme cases like autonomous weapons or medical devices. However, the author criticizes the lack of meaningful AI oversight in the United States and argues that time has come for government to step in and offer meaningful regulation given the technology’s (1) rate of diffusion (2) virtually uncountable product permutations, the purposes, extent and depths to which it is anticipated to penetrate institutional and daily life.