> Interim relief is a case study of how AI, like a heat-seeking missile, can lock on to the most obscure provisions of the law—and create carnage. The impact on Britain’s employment tribunals (courts that resolve disputes between employers and workers) illustrates a phenomenon emerging everywhere. AI-induced demand is overwhelming bureaucracies built for the analogue age—from Dutch municipal-tax appeals to the Canadian privacy regulator to parking-ticket tribunals in every major city. In Britain workers now ask large language models, rather than human lawyers, to help them sue their bosses quickly and cheaply. Claims have surged and backlogs grown. A case filed today may not be heard until 2030.
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> Free, AI-powered legal advice should be good news for workers. Instead, it is proving to be a tragedy of the commons. For workers with genuine grievances, the surge in demand means longer waits for justice. For employers, it means bigger legal bills to respond to claims, both well-founded or fantastical. In the age of AI, a system intended to provide access to justice suffers from, if anything, too much access.
I think this is another case of "we've been getting away with murder for a long time. How dare they use a floodlight?" syndrome. Or, floodlight syndrome for short.
There are a lot of laws that exist on the corporate and individual level solely for the purpose of selective enforcement to throw "the book" at the unpopular; the insurgents; or the under-resourced. It's an implicit component of the legal system.
For example, a fossil fuel utility, Entergy, stopped an insurgent wind farm / project by arguing that the startup making HVDC lines, Clean Line Energy, couldn't make power lines, because only utilities could make power lines. And to be a utility you need to have power lines. From the paper, https://cdn.vanderbilt.edu/vu-wordpress-0/wp-content/uploads...
> Entergy pointed out that only public utilities can build transmission lines in Arkansas, and that Arkansas law defines “public utility” as a company that “own[s] or operat[es] in [Arkansas] equipment or facilities for...transmitting...power to or for the public for compensation.”152 The Arkansas law creates a catch22. Because Clean Line did not own or operate any transmission lines in Arkansas, it was not a public utility. And because it was not a public utility, it was not authorized to build transmission lines.
And that's not the only such case, as the saying goes, many such cases,
> In 2011, a fossil fuel utility convinced the Arkansas Public Service Commission to deny certification because the wind company had no existing transmission infrastructure, and so did not fit the legal definition of a “utility.” In 2017, the Illinois Supreme Court denied certification for the same reason. The Missouri Public Service Commission claimed that certification was not in the public interest because “harm” to landowners “outweighed any in-state benefits.” Projections for the wind project, however, suggested that it would create over 1,500 jobs and reduce electricity prices for Missourians by over $10 million annually.
> In 2016, authorities in Oklahoma prosecuted bartender Colin Grizzle for serving vodkas infused with flavors like bacon and pickles. The practice, though popular with patrons, violated Title 37, Chapter 3, Section 584 of the Oklahoma Code.
> In 2011, North Carolina authorities prosecuted Steven Pruner for selling hot dogs from his food cart outside the Duke University Medical Center without a permit. Pruner was sentenced to 45 days of police custody.
Usually, there's been an information asymmetry between ordinary people and the powers that be who know these aspects of law. It's not easy to find such loopholes unless you spend time studying statutes. The parameters are too vague and the laws are usually written in an obtuse way that non-specialists find hard to decode.
Enter LLMs.
Machines can and will reason over otherwise vague queries and retrieve these laws. And as these laws and regulations are still valid, they can then assist the individual with calling for enforcement / compliance.
The Economist assumes that most of these cases are false. I would like to argue an alternative perspective.
If these complaints were fake, then surely they would be dismissed? If the petitioners were out of line, then the companies shouldn't have cause to worry.
If you assert they're false over a "common sense" standard, then why does the regulation exist?
If the regulation itself is vague and wrong, then why have these regulations persisted in both use and letter over time?
Why are individuals and upstarts at fault for doing something the government, institutions and large corporations have been doing since the dawn of time?
Why dost thou protest, "How dare they shine a floodlight on my crime?"
If these complaints were fake, then surely they would be dismissed? If the petitioners were out of line, then the companies shouldn't have cause to worry.
Big companies have a steady stream of legal cases with questionable merit. The lawyers start the case and then try to make it look like it will be a long and difficult battle with a lot of legal work (discovery, etc) attached.
The goal is to get the company to offer a monetary settlement to make the case go away. If you can inflate the difficulty of the case such that it would incur huge amounts of legal work for the company to disprove it, they might calculate that it’s cheaper to offer the person $20,000 than to spend $40,000 of lawyer salaries for a team of people to handle it.
Some of the stories I heard from corporate legal people were crazy, like people forgetting that there were cameras in the building and trying to bring cases that were easily contradicted by reviewing the recordings.
As far as I can tell the limiting factor on these cases is people being afraid of expensive lawyer costs if they lose. If AI removes the lawyer costs from the equation and people start blasting companies with frivolous lawsuits with ChatGPT driving the case, I could see this becoming a real problem.
Comments
There are a lot of laws that exist on the corporate and individual level solely for the purpose of selective enforcement to throw "the book" at the unpopular; the insurgents; or the under-resourced. It's an implicit component of the legal system.
For example, a fossil fuel utility, Entergy, stopped an insurgent wind farm / project by arguing that the startup making HVDC lines, Clean Line Energy, couldn't make power lines, because only utilities could make power lines. And to be a utility you need to have power lines. From the paper, https://cdn.vanderbilt.edu/vu-wordpress-0/wp-content/uploads...
And that's not the only such case, as the saying goes, many such cases, Then there are such cases at the individual level, quoted text is from - https://manhattan.institute/article/overcriminalizing-americ... https://apnews.com/article/business-arrests-oklahoma-city-e2... https://ourtaxdollarsatwork.wordpress.com/2012/03/20/burnsvi... https://ncnewsline.com/2014/05/07/time-to-clean-up-the-crimi...Usually, there's been an information asymmetry between ordinary people and the powers that be who know these aspects of law. It's not easy to find such loopholes unless you spend time studying statutes. The parameters are too vague and the laws are usually written in an obtuse way that non-specialists find hard to decode.
Enter LLMs.
Machines can and will reason over otherwise vague queries and retrieve these laws. And as these laws and regulations are still valid, they can then assist the individual with calling for enforcement / compliance.
The Economist assumes that most of these cases are false. I would like to argue an alternative perspective.
If these complaints were fake, then surely they would be dismissed? If the petitioners were out of line, then the companies shouldn't have cause to worry.
If you assert they're false over a "common sense" standard, then why does the regulation exist?
If the regulation itself is vague and wrong, then why have these regulations persisted in both use and letter over time?
Why are individuals and upstarts at fault for doing something the government, institutions and large corporations have been doing since the dawn of time?
Why dost thou protest, "How dare they shine a floodlight on my crime?"
Big companies have a steady stream of legal cases with questionable merit. The lawyers start the case and then try to make it look like it will be a long and difficult battle with a lot of legal work (discovery, etc) attached.
The goal is to get the company to offer a monetary settlement to make the case go away. If you can inflate the difficulty of the case such that it would incur huge amounts of legal work for the company to disprove it, they might calculate that it’s cheaper to offer the person $20,000 than to spend $40,000 of lawyer salaries for a team of people to handle it.
Some of the stories I heard from corporate legal people were crazy, like people forgetting that there were cameras in the building and trying to bring cases that were easily contradicted by reviewing the recordings.
As far as I can tell the limiting factor on these cases is people being afraid of expensive lawyer costs if they lose. If AI removes the lawyer costs from the equation and people start blasting companies with frivolous lawsuits with ChatGPT driving the case, I could see this becoming a real problem.