Legal Questions Arise from Black Mirror’s AI Depiction
The popular anthology series Black Mirror has captivated audiences with its thought-provoking portrayal of the potential dangers of artificial intelligence (AI). In one particular episode titled Joan Is Awful, the show delves into the legal implications surrounding AI and raises important questions that demand further consideration.
The episode follows the story of Joan, a woman who discovers that a streaming platform called Streamberry has created a TV drama based on her life. Streamberry utilizes real-time data collected from Joan’s phone, including texts, phone calls, and even nearby conversations, to generate the show in real-time using generative AI and computer-generated imagery (CGI). Joan’s character is portrayed by the likeness of actress Salma Hayek, which is also created through generative AI and CGI, eliminating the need for actual actors or physical sets.
Unfortunately, the portrayal of Joan’s life in the show turns out to be unflattering, leading to the loss of her job, her fiancé, and her friends. When Joan seeks legal advice to stop Streamberry from using her personal information, she discovers that the platform’s terms and conditions allow for the collection and exploitation of customer data and likeness.
In a surprising twist, Joan resorts to desperate measures to have the show canceled. She ultimately teams up with Salma Hayek, whose AI-generated likeness carries out actions on the show that Joan orchestrates. Together, they aim to dismantle the quantum computer using generative AI and CGI.
While the episode suggests that there may be no way to stop the advancement of AI, this is not entirely accurate. However, it does highlight several legal questions surrounding AI that are yet to be definitively answered.
In response to these concerns, a number of lawsuits seeking clarity on AI-related issues have been recently filed. President Joe Biden has also emphasized the urgent need for AI regulation through an executive order. Nevertheless, the field of AI law is still in its early stages.
Existing laws related to intellectual property rights, such as copyright and name and likeness, privacy rights, and user protection, could potentially be applied to situations described in the episode.
Joan Is Awful sheds light on the dangers of using someone’s name and likeness, both concerning private individuals and public figures. Joan’s personal life is exposed and exploited, wreaking havoc and revealing private information. The episode also explores the limits of using Salma Hayek’s likeness. While concerns regarding the right of publicity and name and likeness are typically focused on public figures, the episode introduces novel concerns for private individuals whose personal information and likeness are exploited for commercial purposes, including streaming shows.
To date, the majority of AI-related lawsuits have revolved around copyright infringement. These cases center on the unauthorized use of copyrighted works to train machine learning engines, which subsequently generate outputs based on this learned information without permission or attribution to the original works or authors.
Examples of copyright infringement lawsuits that have been filed involve the replication of images and text, including copyrighted content, by generative AI.
The social commentary in Joan Is Awful also addresses the generation of AI content based on data obtained from individuals who unwittingly consented to its collection, as seen with Joan. Moreover, it raises concerns regarding machine learning violating privacy legislation such as HIPAA (the medical data from Joan’s therapist) and attorney-client privilege (the conversation with Joan’s lawyer).
This is why some countries in the European Union, including Italy, have temporarily banned the use of certain AI technologies like ChatGPT due to non-compliance with their stringent General Data Protection Regulation (GDPR) privacy laws.
The regulation of AI in the United States is currently lacking, leading to frequent privacy concerns and the use of machine learning from data sets without the creators’ consent. Nevertheless, changes in this regard are expected, although the timeline and specific regulations remain uncertain.
As we navigate this relatively uncharted territory, it remains to be seen how seriously the United States and other countries will heed the warnings about AI portrayed in Netflix’s Black Mirror. The discussions surrounding AI regulation and the resolution of legal questions related to AI continue to evolve, and it is of utmost importance to remain vigilant in safeguarding user privacy and addressing the potential risks associated with AI technologies.
Source: Bloomberg Law
