Joho the Bloglaw Archives - Joho the Blog

May 6, 2018

[liveblog][ai] Primavera De Filippi: An autonomous flower that merges AI and Blockchain

Primavera De Filippi is an expert in blockchain-based tech. She is giving a ThursdAI talk on Plantoid, an event held by Harvard’s Berkman Klein Center for Internet & Society and the MIT Media Lab. Her talk is officially on operational autonomy vs. decisional autonomy, but it’s really about how weird things become when you build a computerized flower that merges AI and the blockchain. For me, a central question of her talk was: Can we have autonomous robots that have legal rights and can own and spend assets, without having to resort to conferring personhood on them the way we have with corporations?

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

Autonomy and liability

She begins by pointing to the 3 industrial revolutions so far: Steam led to mechanized production ; Electricity led to mass production; Electronics led to automated production. The fourth — AI — is automating knowledge production.

People are increasingly moving into the digital world, and digital systems are moving back into the physical worlds, creating cyber-physical systems. E.g., the Internet of Things senses, communicates, and acts. The Internet of Smart Things learns from the data the things collect, makes inferences, and then acts. The Internet of Autonomous Things creates new legal challenges. Various actors can be held liable: manufacturer, software developer, user, and a third party. “When do we apply legal personhood to non-humans?”

With autonomous things, the user and third parties become less liable as the software developer takes on more of the liability: There can be a bug. Someone can hack into it. The rules that make inferences are inaccurate. Or a bad moral choice has led the car into an accident.

The sw developer might have created bug-free sw but its interaction with other devices might lead to unpredictability; multiple systems operating according to different rules might be incompatible; it can be hard to identify the chain of causality. So, who will be liable? The manufacturers and owners are likely to have only limited liability.

So, maybe we’ll need generalized insurance: mandatory insurance that potentially harmful devices need to subscribe to.

Or, perhaps we will provide some form of legal personhood to machines so the manufacturers can be sued for their failings. Suing a robot would be like suing a corporation. The devices would be able to own property and assets. The EU is thinking about creating this type of agenthood for AI systems. This is obviously controversial. At least a corporation has people associated with it, while the device is just a device, Primavera points out.

So, when do we apply legal personhood to non-humans? In addition to people and corporations, some countries have assigned personhood to chimpanzees (Argentina, France) and to natural resources (NZ: Whanganui river). We do this so these entities will have rights and cannot be simply exploited.

If we give legal personhood to AI-based systems, can AI have property rights over their assets and IP? If they are legally liable, they can be held responsible for their actions, and can be sued for compensation? “Maybe they should have contractual rights so they can enter into contracts. Can they be rewarded for their work? Taxed?”Maybe they should have contractual rights so they can enter into contracts. Can they be rewarded for their work? Taxed? [All of these are going to turn out to be real questions. … Wait for it …]

Limitations: “Most of the AI-based systems deployed today are more akin to slaves than corporations.” They’re not autonomous the way people are. They are owned, controlled and maintained by people or corporations. They act as agents for their operators. They have no technical means to own or transfer assets. (Primavera recommends watching the Star Trek: The Next Generation episode “The Measure of the Man” that asks, among other things, whether Data (the android) can be dismantled and whether he can resign.)

Decisional autonomy is the capacity to make a decision on your own, but it doesn’t necessarily bring what we think of as real autonomy. E.g., an AV can decide its route. For real autonomy we need operational autonomy: no one is maintaining the thing’s operation at a technical level. To take a non-random example, a blockchain runs autonomously because there is no single operator controlling. E.g., smart contracts come with a guarantee of execution. Once a contract is registered with a blockchain, no operator can stop it. This is operational autonomy.

Blockchain meets AI. Object: Autonomy

We are getting first example of autonomous devices using blockchain. The most famous is the Samsung washing machine that can detect when the soap is empty, and makes a smart contract to order more. Autonomous cars could work with the same model; they could not be owned by anyone and collect money when someone uses them. These could be initially purchased by someone and then buy themselves off: “They’d have to be emancipated,” she says. Perhaps they and other robots can use the capital they accumulate to hire people to work for them. [Pretty interesting model for an Uber.]

She introduces Plantoid, a blockchain-based life form. “Plantoid is autonomous, self-sufficient, and can reproduce.”It’s autonomous, self-sufficient, and can reproduce. Real flowers use bees to reproduce. Plantoids use humans to collect capital for their reproduction. Their bodies are mechanical. Their spirit is an Ethereum smart contract. It collects cryptocurrency. When you feed it currency it says thank you; the Plantoid Primavera has brought, nods its flower. When it gets enough funds to reproduce itself, it triggers a smart contract that activates a call for bids to create the next version of the Plantoid. In the “mating phase” it looks for a human to create the new version. People vote with micro-donations. Then it identifies a winner and hires that human to create the new one.

There are many Plantoids in the world. Each has its own “DNA”. New artists can add to it. E.g., each artist has to decide on its governance, such as whether it will donate some funds to charity. The aim is to make it more attractive to be contributed to. The most fit get the most money and reproduces themselves. BurningMan this summer is going to feature this.

Every time one reproduces, a small cut is given to the pattern that generated it, and some to the new designer. This flips copyright on its head: the artist has an incentive to make her design more visible and accessible and attractive.

So, why provide legal personhood to autonomous devices? We want them to be able to own their own assets, to assume contractual rights, and legal capacity so they can sue and be sued, and limit their liability. “ Blockchain lets us do that without having to declare the robot to be a legal person.” Blockchain lets us do that without having to declare the robot to be a legal person.

The plant effectively owns the cryptofunds. The law cannot affect this. Smart contracts are enforced by code

Who are the parties to the contract? The original author and new artist? The master agreement? Who can sue who in case of a breach? We don’t know how to answer these questions yet.

Can a plantoid sure for breach of contract? Not if the legal system doesn’t recognize them as legal persons. So who is liable if the plant hurts someone? Can we provide a mechanism for this without conferring personhood? “How do you enforce the law against autonomous agents that cannot be stopped and whose property cannot be seized?”


Could you do this with live plants? People would bioengineer them…

A: Yes. Plantoid has already been forked this way. There’s an idea for a forest offering trees to be cut down, with the compensation going to the forest which might eventually buy more land to expand itself.

My interest in this grew out of my interest in decentralized organizations. This enables a project to be an entity that assumes liability for its actions, and to reproduce itself.

Q: [me] Do you own this plantoid?

A: Hmm. I own the physical instantiation but not the code or the smart contract. If this one broke, I could make a new one that connects to the same smart contract. If someone gets hurt because it falls on the, I’m probably liable. If the smart contract is funding terrorism, I’m not the owner of that contract. The physical object is doing nothing but reacting to donations.

Q: But the aim of its reactions is to attract more money…

A: It will be up to the judge.

Q: What are the most likely senarios for the development of these weird objects?

A: A blockchain can provide the interface for humans interacting with each other without needing a legal entity, such as Uber, to centralize control. But you need people to decide to do this. The question is how these entities change the structure of the organization.

Be the first to comment »

January 15, 2013

Tim Wu on prosecuting Aaron

… Swartz must be compared to two other eccentric geniuses, Steve Jobs and Steve Wozniak, who, in the nineteen-seventies, committed crimes similar to, but more economically damaging than, Swartz’s. Those two men hacked A.T. & T.’s telephone system to make free long-distance calls, and actually sold the illegal devices (blue boxes) to make cash. Their mentor, John Draper, did go to jail for a few months (where he wrote one of the world’s first word processors), but Jobs and Wozniak were never prosecuted. Instead, they got bored of phreaking and built a computer. The great ones almost always operate at the edge.

That was then. In our age, armed with laws passed in the nineteen-eighties and meant for serious criminals, the federal prosecutor Carmen Ortiz approved a felony indictment that originally demanded up to thirty-five years in prison. Worse still, her legal authority to take down Swartz was shaky. Just last year, the Ninth Circuit Court of Appeals threw out a similar prosecution. Chief Judge Alex Kozinski, a prominent conservative, refused to read the law in a way that would make a criminal of “everyone who uses a computer in violation of computer use restrictions—which may well include everyone who uses a computer.” Ortiz and her lawyers relied on that reading to target one of our best and brightest.

It’s one thing to stretch the law to stop a criminal syndicate or terrorist organization. It’s quite another when prosecuting a reckless young man. The prosecutors forgot that, as public officials, their job isn’t to try and win at all costs but to use the awesome power of criminal law to protect the public from actual harm. Ortiz has not commented on the case. But, had she been in charge when Jobs and Wozniak were breaking the laws, we might never have had Apple computers. It was at this moment that our legal system and our society utterly failed.

Tim Wu

Full article in the New Yorker.


My friend David Isenberg cautions us not to think of this as Aaron encountering one bad apple in the system. Rather, says David, “The legal system was working just like it always works…The case of US v Swartz was business as usual.”

Comments Off on Tim Wu on prosecuting Aaron

January 17, 2011

Stupid lawyer tricks

I’m greatly enjoying not only Cory Doctorow’s bang-on response to a truly dumb, threatening legal letter, but the BoingBiong reader’s comment thread about it. [SPOILER ALERT: Is Academic Advantage a scam or is not Academic Advantage a scam? You can decide for yourselves whether those three words — Academic Advantage scam — belong together.]


August 24, 2010

The sudden good that courts can do

I choked up this morning at the quote at the very end of this editorial from the Boston Globe:

It may never be a day off for state workers, but it is an increasingly important holiday for Massachusetts residents who take their state’s history seriously: Aug. 21. On that day in 1781, a young woman from Sheffield was the first slave to use the Massachusetts constitution of 1780, with its stirring language of “all men are born free and equal,’’ to win freedom in court. Her case was a precursor to a 1783 decision by the state’s highest court that ended slavery in Massachusetts.

Last Saturday, more than 100 people gathered in Sheffield to honor that woman, Mumbet, who took the name Elizabeth Freeman after her emancipation. The event was at the Ashley House, the home of Mumbet’s owner, Colonel John Ashley. To help in her case, Mumbet had enlisted a lawyer, Theodore Sedgwick. Once free, she worked as a midwife, nurse, healer, and employee of the Sedgwick family.

The Ashley House and Mumbet’s grave, in Stockbridge with the rest of the Sedgwicks, are stops on the Upper Housatonic Valley African-American Heritage Trail. Other trail high points include the site of black historian W.E.B. DuBois’s childhood home in Great Barrington and the Pittsfield house of the Reverend Samuel Harrison, a chaplain in the 54th Massachusetts Regiment in the Civil War.

“Any time while I was a slave,’’ Mumbet once said, “if one minute’s freedom had been offered to me, and I was told I would die at the end of that minute, I would have taken it, just to stand on God’s green earth a free woman.’’ The heritage trail and Aug. 21 holiday keep that spirit alive.

I think there are two reasons why Mumbet’s words make me well up, besides the fact that I feel a personal connection to that beautiful part of my freedom-loving state.

First, slavery is so unimaginably, grindingly, persistently evil yet it failed to crush her hope. How can that be?.

Second, it took so little to end that massive evil. It took a judge and a pen.

Of course, the judge could have that effect because he was part of a state constitutional system that put courts between laws and the people they govern. Our imperfect system is structured to allow the sudden assertion of human good.

Then and now when that happens – and we look mainly to the courts for it – rejoicing and tears run together.

1 Comment »

March 1, 2010

Carl Malamud on making the law accessible

The latest Radio Berkman podcast is up. In it, I interview Carl Malamud about his efforts to get American legal code made accessible and copyright free. Yes, our own damn law is covered by copyright, or so at least some claim. Carl is one of those tireless fighters for our own culture.

1 Comment »

January 26, 2010

[berkman] Julie Cohen on networked selves

Julie Cohen is giving a Berkman lunch on “configuring the networked self.” She’s working on a book that “explores the effects of expanding copyright, pervasive surveillance, and the increasingly opaque design of network architectures in the emerging networked information society.” She’s going to talk about a chapter that “argues that “access to knowledge” is a necessary but insufficient condition for human flourishing, and adds two additional conditions.” (Quotes are from the Berkman site.) [NOTE: Ethan Zuckerman’s far superior livebloggage is here.]

NOTE: Live-blogging. Getting things wrong. Missing points. Omitting key information. Introducing artificial choppiness. Over-emphasizing small matters. Paraphrasing badly. Not running a spellpchecker. Mangling other people’s ideas and words. You are warned, people.

The book is motivated by two observations of the discourse around the Net, law, and policy in the U.S.

1. We make grandiose announcements about designing infrastructures that enable free speech and free markets, but at the end of the day, many of the results are antithetical to the interests of the individuals in that space by limiting what they can do with the materials they encounter.

2. There’s a disconnect between the copyright debate and the privacy debate. The free culture debate is about openness, but that can make it hard to reconcile privacy claims. We discuss these issues within a political framework with assumptions about autonomous choice made by disembodied individuals…a worldview that doesn’t have much to do with reality, she says. It would be better to focus on the information flows among embodied, real people who experience the network as mediated by devices and interfaces. The liberal theory framework doesn’t give us good tools. E.g., it treats individuals as separate from culture.

Julie says lots of people are asking these questions. They just happen not to be in legal studies. One purpose of her book is to unpack post modern literature to see how situated, embodied users of networks experience technology, and to see how that affects information law and policy. Her normative framework is informed by Martha Nussbaum‘s ideas about human flourishing: How can information law and policy help human flourishing by providing information to information and knowledge? Intellectual property laws should take this into account, she says. But, she says, this has been situated within the liberal tradition, which leads to indeterminate results. You lend it content by looking at the post modern literature that tells us important things about the relationship between self and culture, self and community, etc. By knowing how those relationships work, you can give content to human flourishing, which informs which laws and policies we need.

[I’m having trouble hearing her. She’s given two “political reference points,” but I couldn’t hear either. :(]

[I think one of them is everyday practice.] Everyday practice is not linear, often not animated by overarching strategies.

The third political reference point is play. Play is an important concept, but the discussion of intentional play needs to be expanded to include “the play of circumstances.” Life puts random stuff in your way. That type of play is often the actual source of creativity. We should be seeking to foster play in our information policy; it is a structural condition of human flourishing.

Access to knowledge isn’t enough to supply a base for human flourishing because it doesn’t get you everything you need, e.g., right to re-use works. We also need operational transparency: We need to know how these digital architectures work. We need to know how the collected data will be used. And we also need semantic discontinuity: Formal incompleteness in legal and technical infrastructures. E.g., wrt copyright to reuse works you shouldn’t have to invoke a legal defense such as fair use; there should be space left over for play. E.g., in privacy, rigid arbitrary rules against transacting and aggregating personal data so that there is space left over for people to play with identity. E.g., in architecture, question the norm that seamless interoperability makes life better, because it means that data about you moves around without your having the ability to stop it. E.g., interoperability among social networks changes the nature of social networks. We need some discontinuity for flourishing.

Q: People need the freedom to have multiple personas. We need more open territory.
A: Yes. The common pushback is that if you restrict the flow of info in any way, we’ll slide down the slippery slope of censorship. But that’s not true and it gets in the way of the conversation we need to have.

Q: [charlie nesson] How do you create this space of playfulness when it comes to copyright?
A: In part, look at the copyright law of 1909. It’s reviled by copyright holders, but there’s lots of good in it. It set up categories that determined if you could get the rights, and the rights were much more narrowly defined. We should define rights to reproduction and adaptation that gives certain significant rights to copyright holders, but that quite clearly and unambiguously reserves lots to users, with reference to the possible market effect that is used by courts to defend the owners’ rights.
Q: [charlie] But you run up against the pocketbooks of the copyright holders…
A: Yes, there’s a limit to what a scholar can do. Getting there is no mean feat, but it begins with a discourse about the value of play and that everyone benefits from it, not just crazy youtube posters, even the content creators.

JPalfrey asks CNesson what he thinks. Charlie says that having to assert fair use, to fend off lawsuits, is wrong. Fair uyse ought to be the presumption.

Q: [csandvig] Fascinating. The literature that lawyers denigrate as pomo makes me think of a book by an anthropologist and sociologist called “The Internet: An Ethnographic Approach.” It’s about embodied, local, enculturated understanding of the Net. Their book was about Trinidad, arguing that if you’re in Trinidad, the Net is one thing, and if you’re not, it’s another thing. And, they say, we need many of these cultural understandings. But it hasn’t happened. Can you say more about the lit you referred to?
A: Within mainstream US legal and policy scholarship, there’s no recognition of this. They’re focused on overcoming the digital divide. That’s fine, but it would be better not to have a broadband policy that thinks it’s the same in all cultures. [Note: I’m paraphrasing, as I am throughout this post. Just a reminder.]

A: [I missed salil’s question; sorry] We could build a system of randomized incompatibilities, but there’s value in having them emerge otherwise than by design, and there’s value to not fixing some of the ones that exist in the world. The challenge is how to design gaps.
Q: The gaps you have in mind are not ones that can be designed the way a computer scientist might…
A: Yes. Open source forks, but that’s at war with the idea that everything should be able to speak to everything else. It’d

Q: [me] I used to be a technodeterminist; I recognize the profound importance of cultural understandings/experience. So, the Internet is different in Trinidad than in Beijing or Cambridge. Nevertheless, I find myself thinking that some experiences of the Net are important and cross cultural, e.g., that Ideas are linked, there’s lots to see, people disagree, people like me can publish, etc.
A: You can say general things about the Net if you go to a high enough level of abstraction. You’re only a technodeterminist if you think there’s only way to get there, only one set of rules that get you there. Is that what you mean?
Q: Not quite. I’m asking if there’s a residue of important characteristics of the experience of the Net that cuts across all cultures. “Ideas are linked” or “I can contribute” may be abstractions, but they’re also important and can be culturally transformative, so the lessons we learn from the Net aren’t unactionably general.
A: Liberalism creeps back in. It’s acrappy descriptional tool, but a good aspirational one. The free spread of a corpus of existing knowledge…imagine a universal digital library with open access. That would be a universal good. I’m not saying I have a neutral prescription upon which any vision of human flourishing would work. I’m looking for critical subjectivity.

A: Network space changes based on what networks can do. 200 yrs ago, you wouldn’t have said PAris is closer to NY than Williamsburg VA, but today you might because lots of people go NY – Paris.

Q: [doc] You use geographic metaphors. Much of the understanding of the Net is based on plumbing metaphors.
A: The privacy issues make it clear it’s a geography, not a plumbing system. [Except for leaks :) ]

[Missed a couple of questions]

A: Any good educator will have opinions about how certain things are best reserved for closed environments, e.g., in-class discussions, what sorts of drafts to share with which other people, etc. There’s a value to questioning the assumption that everything ought to be open and shared.

Q: [wseltzer] Why is it so clear that it the Net isn’t plumbing? We make bulges in the pipe as spaces where we can be more private…
A: I suppose it depends on your POV. If you run a data aggregation biz, it will look like that. But if you ask someone who owns such a biz how s/he feels about privacy in her/his own life, that person will have opinions at odds with his/her professional existence.

Q: [jpalfrey] You’re saying that much of what we take as apple pie is in conflict, but that if we had the right toolset, we could make progress…
A: There isn’t a single unifying framework that can make it all make sense. You need the discontinuities to manage that. Dispute arise, but we have a way to muddle along. One of my favorite books: How We Became Post-Human. She writes about the Macy conferences out of which came out of cybernetics, including the idea that info is info no matter how it’s embodied. I think that’s wrong. We’re analog in important ways.


September 4, 2009

The price of free law

The latest Radio Berkman episode has me interviewing Steve Schultze about his RECAP project that posts public domain legal records that otherwise you’d have to pay to access. And the federal courts are not all that happy about it.

[Tags: ]

Comments Off on The price of free law

August 18, 2009 has a Firefox extension that both gives access to public docket records and makes them actually publicly accessible. The courts charge for access to these dockets, including every time you search and for every page of search results. The system is called PACER. RECAP gives you access to PACER (and is PACER spelled backwards). When you use RECAP to view a docket through PACER, RECAP uploads it into the Internet Archive, since the docket info is in the public domain even though the courts charge you for accessing it. The next time someone goes through RECAP to find that docket, she’ll get it for free from the Internet Archive. RECAP also adds helpful headers and other metadata.

RecapTheLaw comes out of the Princeton Center for Information Technology Policy. Well done!

[Tags: ]


July 31, 2009

Tenenbaum trial bloggage

Marc Bourgeois is doing some excellent blogging of the RIAA v. Tenenbaum trial. Fascinating.


Comments Off on Tenenbaum trial bloggage

July 28, 2009

Annals of openness in peril

1. The court has rejected Charlie Nesson’s basic defense of Joel Tenenbaum’s sharing of music files. The case is going to jury which may levy the same sort of insanely excessive fines as in the Jammie Thomas-Rassert trial. I hope Charlie’s team can convince the jury that the fines and the entire process are so onerous and disproportionate that the RIAA has been abusing the court system. Of course, IANAL, and IANAOTJ (I am not on the jury).

2. Barnes and Noble has launched its e-book software. It runs on iPhones as well as on PC’s and Mac’s. I’m having trouble finding which formats it supports, but judging from its Open dialogue, not PDF, .doc, .html, .mobi, or text. It does support .PBD books.

After a very very quick session playing with it, it seems quite competitive with the Kindle, and because I’m running it on my Mac and not on the little piece of crippled hardware I bought from Amazon — the Kindle is just barely adequate as a reader, and is still overpriced by more than 100% in terms of its value, imo — having the use of a keyboard and a mouse is a big step up. And, unlike the Kindle, you can use whatever fonts you have on your machine. Still, it’s only incrementally better than the Kindle’s software (again, on a quick look), not a great leap forward for readers.

One of B&N’s big advantages is that it’s hooked into Google Books, enabling you to download public domain books that Google has scanned in. You do this by searching for a book on the B&N site and noticing the “free from Google Books” label. Be sure to sort by price; otherwise B&N lists the for-pay versions first. If B&N wants to be aggressive in this space (= succeed), it should create an easy-to-find section that lets you browse Google’s free books. Get us using the ereader and then sell us the copyrighted books. (If B&N has such a section, I couldn’t find it quickly enough.)

BTW, I presume (and thus may be wrong) that Google did a special deal with B&N to enable this. If so, I find it worrisome. If Google is going to be granted a special right to scan in books without fear of copyright reprisals, it will be the de facto national e-library, discouraging others from undertaking similarly scaled scanning projects, and thus should be making its public domain books equally and maximally freely available. IMO.

2a. [Later that evening:] B&N stores are now providing free Wifi. Yay!

3. Apple is not permitting the Google telephone service into the Apple App store, thus simultaneously and inadvertently making the case for Zittrainian generativity.

4. [Later that day]: On the happy front, Google has open-sourced an implementation of Wave.

[Tags: ]


Next Page »