TLDR: Legal liability could substantially mitigate AI risk, but current law falls short in two key ways: (1) it requires provable negligence, and (2) it greatly limits the availability of punitive damages. Applying strict liability (a form of liability that does not require provable negligence) and expanding the availability and flexibility of punitive damages is feasible, but will require action by courts or legislatures. Legislatures should also consider acting in advance to create a clear ex ante expectation of liability and imposing liability insurance requirements for the training and deployment of advanced AI systems. The following post is a summary of a law review article. Here is the full draft paper. Dylan Matthews also did an excellent write-up of the core proposal for Vox's Future Perfect vertical.

AI alignment is primarily a technical problem that will require technical solutions. But it is also a policy problem. Training and [...]

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