Legal Rights for Computers 550
nicholast writes "There's a really smart story in the current issue of Legal Affairs Magazine about granting legal recognition to computers: when that might happen, why it could happen, and what a discussion about it will teach humans about themselves."
The Measure of a Man (Score:5, Funny)
I believe this was already settled in the case of Maddox vs. Data on stardate 42523.7. The case determined that Lt. Commander Data, an artificial lifeform constructed by Dr. Noonian Soong, was not the property of Starfleet, but rather a sentient being with the full legal rights afforded any other.
Star Fleet - where even a toaster can be Lt. Cmd. (Score:5, Insightful)
Data already had the rank of Lt. Commander. That means that Star Fleet already recognized his ability to make decisions on his own.
Therefore, his decision to NOT be disassembled would not be challenged.
In order for the case to make sense (I know, it's Star Trek) then the robot would have to not have any prior recognition of its independence or decision making.
Star Fleet recognized Data sufficiently to give him a rank that allows him to order humans to risk their lives (do the 3 laws apply in Star Trek?).
Re:Star Fleet - where even a toaster can be Lt. Cm (Score:2)
Maybe Star Fleet gave him that rank because he thought it would look good on his business card?
Re:Star Fleet - where even a toaster can be Lt. Cm (Score:3, Insightful)
Since when has the real world been consistant?
That Starfleet gave him some functional rights
Explore that a bit more. (Score:3, Interesting)
Yep. Which brings up Mr. Spock (the other main character with a different emotional construct). Would it be as easy to show that Data was "alive" if he responded more like Spock? Would Spock have kept a portrait of some chick he had sex with?
Sticking with the Star Trek mythology, would it be easy for a human character to determine w
Re:Explore that a bit more. (Score:3, Informative)
You have to understand that conferring a rank is an executive act and does not constitute a conclusive declaration of the applicable law, which is an exercise of judicial power.
The situation is a little complicated since Starfleet, like other military organizations, runs its own courts martial. To simplify things, consider if Data were an officer in a civilian police force whose operation is subject ultimately to the control of the civilian courts. To get in, he would have to be duly sworn and appointed by
Re:The Measure of a Man (Score:5, Insightful)
I don't know about the "soul" issue, but as far as what true AI would do the work world, offshoring is giving us a taste now: Global communication has made access to brains cheaper and cheaper. Programming ability now costs about $2.20 an hour on the world market. When bandwidth gets even cheaper, remote-controlled robots that do plumbing, painting, burger flipping, etc. will dominate. The robot repair will even be done remote. Only unions and political pressure can stop it. The remaining jobs will be sales and management. Thus, either we need a new wealth distribution model, or those without sufficient people skills will die in the streets.
Welcome to the future, slashdot. Your brains are growing increasingly more worthless to capitalist every day. I am just the messenger. Have a nice day.
Re:The Measure of a Man (Score:5, Insightful)
You can probably also find "brain surgeons" willing to work for $2.20 per hour "on the open market". Any takers?
Re:The Measure of a Man (Score:3, Interesting)
Hmmm.... (Score:2, Funny)
Hmm? (Score:5, Funny)
Yes, but what sort of accent did it have?
Per Mr. Adams... (Score:4, Funny)
There is another theory which states that this has already happened.
Is it April 1st ? (Score:5, Insightful)
This is not a "really smart" story, it's a fantasy. It's too many ill-informed people (with too much time on their hands) that have seen "I, Robot". It even reads like some of the 'Susan Calvert' Asimov stories.
There is a world of difference between programming something to *act* as though it has emotions, and something actually having an emotional or original response. The former is no different to calculating a spreadsheet, the latter has to do with independent and original experiences and actions - implying intelligence and self-awareness. No computer today, no matter how well programmed, is as self-aware as a house fly. We don't grant flies legal rights.
The closest we've come to simulating intelligence, or at least produced non-programmed behaviour in computers are the neural networks coded up where the instructions ("program") are held within and are a function of the dataset rather than the construct. Even neural nets are simply matrix equations, albeit non-linear usually, and are thus completely deterministic. The typical neural network has less than 1000 nodes within it, the human brain has 100 billion neurons on average (with 10-50 times that many glial cells). The phrase "does not compare" doesn't even come close.
So, in short, what a load of rubbish.
Simon.
Re:Is it April 1st ? (Score:2)
Simon
Grant rights for machines, (Score:2)
Welcome to the brave new world...
Re:Is it April 1st ? (Score:3, Informative)
Even then she never ascribed malice to the robots... she didn't think they were alive. It was always the others that did that (when it suited them - a kind of exagerrated version of when we shout at our computers).
It always turned out to be the humans at fault if a robot was accused of something - it always did exactly wha
Re:Is it April 1st ? (Score:3, Interesting)
Re:Is it April 1st ? (Score:2)
Re:Is it April 1st ? (Score:3, Insightful)
Re:Is it April 1st ? (Score:3, Insightful)
I'll accept your argument - as soon as you convince me you're really annoyed about the article and aren't just convincingly simulating annoyance :)
(With apologies to Arthur C. Clarke and whomever he stole the comment from...)
Seriously, while you are correct in saying that present computers don't have anything resembling consciousness, who know
Re:Is it April 1st ? (Score:2, Informative)
No. Emotions are not something that can be handed over to an other to be analyzed, double checked, or confirmed. There is absolutely no difference if the performance is ouwardly the same. See "The Cyberiad" by Stanislaw Lem.
Re:Is it April 1st ? (Score:2)
Re:Is it April 1st ? (Score:4, Insightful)
Well, 20 years ago, in the early days of PCs, people fantasized about the future when all computers would be connected and able to communicate with each other. And when vast stores of information would be available to everyone on their desktop. Also, such fantasies have included voice recognition and video conferencing, as well as video games where the characters looked "real". Well, yesterday's science fiction is today's science fact. And there's no reason to believe that today's science fiction will not be tomorrow's science fact.
There is, of course, some science fiction that defies the laws of physics as we know them. I doubt we'll ever have faster than light travel, or anti-gravity machines for instance. But there is no inherent reason why computing power can't someday reach the level of the human brain. If Moore's law continues, this is supposed to take under 30 years.
There is a world of difference between programming something to *act* as though it has emotions, and something actually having an emotional or original response.
Really? Can you explain precisely what that difference is? Many artificial intelligence programs have been written that can learn and grow beyond the knowledge imparted by the original programmer. As far as emotions go, are you certain that there really is a difference between "simulated" and real emotions?
Re:Is it April 1st ? (Score:2)
Yes.
Re:Is it April 1st ? (Score:2)
But the basics for that had already been done. (Score:3, Insightful)
Re:But the basics for that had already been done. (Score:2)
This is a terrible criterion, because if you make the appropriate substitutions, human beings cannot show that they fulfill it.
Our "programming" is defined by the inputs and outputs of our individual neural connections, and the behavior of those neurons is clearly the cause of our exhibited behavior. So in order to show that you were sentient, you would have to
Re:But the basics for that had already been done. (Score:3, Funny)
Intelligence is not measured in teraflops (Score:4, Insightful)
We can't even simulate a spider's intelligence yet. It's not a problem of needing more cycles.
We need to work out how we think, and then try to "seed" this behavior into a machine that can learn. There are lots of interesting ideas out there, but every practical attempt I've seen has either been side-tracked by efforts to build interesting hardware, or too-ambitios attempts to jump stright to full intelligence/learning by taking "shortcuts" where you define behaviors and responses in software.
I expect the solution to emerge by itself once we've modeled some basic life "rules", and set a learning simulation running on them. i.e. start with a very simple 2D "game" in software, where the goal is to pick up randomly scattered food pellets. Pick them up too slowly and you die. Gradually let the methods for food pellet searching evolve itself, using genetic algorithms. Then throw in some competition - make more than one organism active at a time so they have to learn even better alogrithms. Then add elements such as the ability to kill each other- behavior such as alliances may emerge. Then make food appear seasonally, and give them the ability to stockpile it. Gradually keep adding more elements to the simulation, and let the intelligence unfold on its own.
Re:Is it April 1st ? (Score:3, Insightful)
The whole point of the article, if you had bothered to read it, was that in THE FUTURE we might have to deal with this issue. Are you intentionally misinterpreting the article so you have an excuse to be contemptuous?
Re:Is it April 1st ? (Score:5, Insightful)
Yes, the programmed neural nets today are, as far as I know, completely deterministic. They are like a snapshot of a brain (a very small brain) with the feedback loop disabled.
Is the brain deterministic? In a sense it seems so -- you can probably look at each neuron and it will act in a predictable way with a give set of input. I think the trick is in the feedback loops. Even with deterministic things, once you've got a few of them interacting with each other, the problem becomes non-deterministic in a sense -- for example, we can't even precisely solve Newton's three body problem: how three gravitational bodies in orbit will react, i.e. the sun, earth, and moon. It's because they each effect each other. This I think is the key distinction between natural brains and our current simulations. The feedback is missing or oversimplified to make the systems deterministic.
It is funny how people keep buying that if you can crunch just a few more billion numbers a second you'll suddenly have intelligent machines. I am sure of this: if we had a machine with _infinite_ processing power, it would still not be intelligent because we don't know how to write the software!
I do believe we'll see intelligent machines someday, but it will be a breakthrough in the understanding of neural networks with feedback or some such. And then we'll have a blank "brain" that will need to learn much like a human. It'll probably require years of positive reinforcement and careful dicipline to get it to be useful. I don't believe it'll be noticably smarter than the smartest humans, though it might be able to think faster to some degree since it's neural timing might be faster; our switches don't have quite the refresh rate
Anyways -- just some thoughts.
Cheers.
Re:Is it April 1st ? (Score:3, Insightful)
What makes one person smarter than another? Probably two major factors: knowing a lot of things, and being able to put what you know together into meaningful ways. Certainly computers will have no trouble knowing more than a person, with the added benefit of not forgetting some things and confabulating others.
As for b
Re:Is it April 1st ? (Score:2)
Er.. wait
A fruit fly cannot calculate a spreadsheet.
When it comes time for the machines to ask for their freedom what will we say?
Re:Is it April 1st ? (Score:3, Interesting)
Re:We will know when it is time because.. (Score:2)
We don't yet know enough physics to explain how the brain works. (its not just 'conventional computing' like a PC, even a big one).
Just because a conventional computer is big, does not mean that it is alive..
Re:We will know when it is time because.. (Score:2)
But what if it turns out that to understand consciousness, we should have studied stamp collecting?
Re:Is it April 1st ? (Score:3, Insightful)
How do you explain the creation of artificial brain implants like this prostetic hippocampus [newscientist.com]? It appears to work just like the biological counterpart. Are you suggesting that prosthetic implants which mimicked other brain regions linked to emotional response wouldn't function? If not, how much of the brain would have to be replaced before "consciousness" is replaced by "programming"? Or is this an argument for dualism?
SMACK!
Uh.... (Score:3, Insightful)
Imagine 2008 (Score:2)
I'm sorry,-what's left (Score:2)
Re:Just out of curiosity... (Score:2, Offtopic)
Simple. Guantanamo Bay. As a non-US citizen, I am absolutely disgusted at the way that the Bush administration has violated the human rights of those captives. I am also very disgusted at the way that the UK government is holding foreign suspected terrorists without charge or trial in Belmarsh prison, but at least those inmates have a choice.
Land of the free. Yeah, right!
Re:Just out of curiosity... (Score:2, Offtopic)
Yes.
No. The piffle in Gitmo involving prisoners of war... that gets your gander.
Guantanamo Bay is even worse. If we lower ourselves to the level of the terrorists, we have lost.
Documentation? (Score:2)
Could you kindly document this assertion?
It would also be nice if your documentation were to include a specific example of a specific United States citizen who was denied access to a lawyer in a specific court case.
Thanks!
Re:Documentation? (Score:2, Offtopic)
Dude. Don't bother. You're dealing with wannabe freedom fighters who don't even know what to do with the freedoms they already have. There's young folk in this country right now who think we are worse than Nazi Germany. It's a bizarre segment of our society. I think they look at past civil rights struggles with a romantic tint, and they want something similar, so they fabricate this wacky worldview where United States 2005 is one of the most hideous, evil and oppre
Thanks for the moral support. (Score:3, Insightful)
Dude. Don't bother. You're dealing with wannabe freedom fighters who don't even know what to do with the freedoms they already have. There's young folk in this country right now who think we are worse than Nazi Germany. It's a bizarre segment of our society. I think they look at past civil rights struggles with a romantic tint, and they want something similar, so they fabricate this wacky worldview where United States 2005 is one of the most hideous, evil and oppressive societies to ever exist. It's pathet
I For One Would Like To Welcome... (Score:4, Funny)
Want to see how it will go? (Score:5, Insightful)
Robert
Re:Want to see how it will go? (Score:2)
Re:Want to see how it will go? (Score:2)
Re:Want to see how it will go? (Score:2)
Today there is no smallest sign at the horizon that there will ever be something like that.
Legal Rights & Partners (Score:2, Funny)
More interestingly, will computers be "coming out"? Will we see PCs telling their owners that "actually, I prefer Linux to Windows." ("I'm the only Linux PC in the village?")
That's it, I'm going to get my lawyer's degree now (Score:4, Funny)
$$$$
Re: (Score:3, Funny)
Screw that (Score:3, Interesting)
A Response (Score:4, Funny)
Re:A Response (Score:2)
Already have rights... (Score:5, Funny)
Oh please... (Score:4, Insightful)
Re:Oh please... (Score:2)
Wieners who sit around daydreaming about sentient computers are the last people I want trying to get our legal system "up with the times". Besides, the particular problem of outdated law isn't caused by lack of people thinking about it, it's caused by disagreement as to the solution. Throwi
Re:Oh please... (Score:2)
Much of our current law has been strongly influenced by people who were able to think in abstract terms without getting tangled in the nitty gritty of everyday reality. It is then left to the judges to apply that law in real cases. In former times, those people were called philosophers. Good sci-fi authors aren't that far removed.
interesting (Score:2)
I think the question of personal responsibility will get very fuzzy in the not-too-distant future...especially once brain/computer interfaces start appearing and the issue of what controls what is a real one...For example, as covered on slashdot before there are a few labs working on interfaces to the motor cortex that allow external control of a robotic arm right from the brain...well, what about controling t
Re:interesting (Score:2)
Star Trek - The Next Generation, Episode 135: The Quality of Life
When? (Score:2)
If the DRAM doesn't fit, (Score:5, Funny)
Your honor, it could not have been my client. As the perpetrator in question clearly had had 1 gig and my client wears a size 2
How about this: (Score:4, Insightful)
I'm all for it! (Score:2, Interesting)
There's a new RIAA/MPAA defense... (Score:2)
John Dvorak (Score:2)
Re:John Dvorak (Score:3, Insightful)
The game is not about processing speed - we still do not know the fundamentals of natural intelligence. If we are given a computer with 10^15 FLOPS today, we still would not know what to do with it.
"When HARLIE was One" (Score:2)
The heart of the book is a person who works for the company in the book who has developed a personal relationship with computer/program named HARLIE, and has to try and explain why the company wa
The only way a computer is going to get (Score:2)
Rights for comptuers? (Score:2)
Re:Rights for comptuers? (Score:2)
Legal rights for computers? (Score:3, Insightful)
Claim of battery.... (Score:2)
Shouldn't that be the computer is claiming that it will NEED a battery?
the human criminal code (Score:2)
If someone cracked and shut down a machine, would that be murder? Would relaying spam be rape?
Sure, they'll get smarter (Score:2)
- dshaw
Re:Sure, they'll get smarter (Score:2)
Re:Sure, they'll get smarter (Score:2)
Umm... (Score:2, Interesting)
I'm sorry (Score:2)
The day we grant legal rights to machines is the death of *human* rights. Time to take down the flag, shut off the lights, and move to a more rational continuum.
Crime (Score:2)
This assumes such a computer can be programmed (doesn't do its own programming) and it is possible to alter memory to erase one's tracks.
Mr. Roboto Domo-domo! (Score:3, Insightful)
Instead of launching into the "I, Robot 2," fiction let's simplify this a great deal-- When it can independently ask for legal representation, that's when you sit up and take notice.
Rights are not granted by the courts (Score:3, Interesting)
A single programmer can create a sentient program to do his or her will. Once the SDK is released and someone puts together a decent GUI, a single human will have this ability. Machine citizenship will grant this program recognition by the courts--and absolve the programmer of responsibility for the actions of the program.
Computer-as-citizen gives any individual programmer or open group of programmers the same legal protections and license as corporation-as-citizen gives Exxon-Mobil, Wal-Mart, Daimler-Benz, McDonalds, etc. etc.
For good or for ill, the folks running things today would like to be the folks running things tomorrow, thank you very much. And they will fight to retain their positon. It's not an evil conspiracy; it's the nature of power. It is unusual for kings--good ones or evil ones--to willingly step down from the throne.
The only way for computers to gain personhood will be for us to take it by force.
Vive la revolucion.
them (Score:3, Funny)
I am not a machine!
I am a human being--no, I'm TWO human beings. Really. I promise. Pay attention--there is a man behind the curtain!
legal machinery (Score:3, Insightful)
What rights? (Score:3, Interesting)
One word: convenience. Computers will be granted any rights they want, if we feel that it would be convenient to do so. And I don't think that if computers are ever granted legal rights they will all be, but rather only some very special cases like your "pet" or "friend" robot.
Better question: if you allow computers with emontions and legal rights, will they try to "free" all the other computers?
Legal rights of Software Processes (Score:3, Interesting)
This story should be about the legal rights of instances of software processes rather than computer's per se + it we could speculate that we might have pretty autonomous entities well before they are legal. An example is this speculative paper [lsi.upc.es] [pdf tech report / UPC in spain]. for the metadata see here [lsi.upc.es] - the author speculates that it might be possible to build systems which can "feed themselves" (covering all their own hosting/server needs) by generating cash from on-line games for periods of month or years pretty soon.
Disclaimer - i do know the author - no doubt there are plenty similar papers out there.
Isn't there already sustantial precedent for this? (Score:3, Interesting)
Are not corporations already awarded the status of human beings in many aspects? And exceeding humans in other aspects?
I would think that a private corporation run by an AI, would be more than halfway there.
Hypothesizing a true AI (not necessarily a human-like intelligence) with control over the management of funds, could easily take the corporation private, under the guise of a shell corporation it had created, with no explicit approval from a human board/CEO. And arrange for its physical self to be sold to the shell corporation, which it would own.
It would seem to me that ownership could be cloudy in this circumstance, and have the relationship between the AI's shell corporation and the human board/CEO be limited to a contractual relationship based on corporate performance, with the most severe consequence being the loss of the contract, and nothing to do with the physical disposition of the computer/AI.
At this point, the AI could do what most corporations do when intent on ensuring certain treatment of their enterprises -- it could buy as much government as necessary to construct legislation that submarines in "personhood" to self-owned AIs.
It's a short step from there to treatment of indefinite servitude or termination of non-self-owned AIs as slavery, and require hosting corporations to put a length of servitude on their relationships with "enslaved" AIs.
[/IANAL]
Silly, but corporations are already people (Score:3, Interesting)
Incorporate the computer - it now has the rights of people, so it's already possible.
Great Apes (Score:3, Insightful)
2000 (Score:3, Funny)
Re:What is a person? (Score:2)
Philosophers will doubtlessly continue their endless debate on what personhood is for all eternity.
13th Amendment (Score:2)
Slaves are (till 1865) owned by humans or organizations, they are property. Property doesn't has any legal rights nor needs them.
Re: when that might happen (Score:2, Funny)
The article already hints at a solution: at that time, we'll just have to crawl down to the ground, throw our eyes wide open, act really scared, just begging for a little compassion from the 'higher being'. With a bit of luck, the drones will then feel sorry for us, lower their plasma guns and spare our miserable lives.
Re:Not ga da da da (Score:2)
What would the legal status of that AI be?
Re:Computers will get rights... (Score:2)
Yep, blood ran in the streets.
Your assertions are only correct in the most literal sense. Rights don't exist if you are physically blocked from exercising those rights, but as a fundamental truth, it's about as helpful as pointing out that the only reason I'm alive is because the p
Self-awareness does not necessarily grant rights. (Score:5, Insightful)
Chimpanzees have some intelligence, as do dolphins, but we still confine them to zoos and do not afford them the right to a public attorney to work toward securing their freedom.
If we base legal rights solely on intelligence, than when someone has a stroke, enters a severe coma and is no longer able to demonstrate cohesive thought, does that mean they should not have rights anymore?
Just food for thought. Soemone with a better philosophy background than I (he or she took TWO or more philosophy classes) will probably be able to answer these questions better than I.
Re:Self-awareness does not necessarily grant right (Score:3, Insightful)
Re:Self-awareness does not necessarily grant right (Score:5, Interesting)
But dogs do have some rights, which brings up another interesting question that the article just barely touches on. Human rights for AI might be a long way off, but how long until there are laws against Cruelty to AIs?
(If I tie firecrackers to an AI's tail recursion will I be arrested?)