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NYU Law Forum—How Will the Law Handle Generative AI?

Wednesday, April 5, 2023 How Will the Law Handle Generative AI? The release of generative AI systems such as ChatGPT, DALL-E, and Stable Diffusion have raised numerous concerns—from copyright infringement to defamation to the unlawful disclosure of personal information. Several lawsuits have already been filed against their makers, with more likely to come. On the input side, artists, photographers, graphic artists, journalists, and software coders have accused tech companies of violating rights in their creative works by using those works to train these systems without permission. On the output side, others have expressed apprehension that, much like social media platforms, these tools will produce a flood of harmful content without any accountability for the companies that make them. So how will the law handle generative AI? At this Forum, experts with backgrounds in law, art, copyright, the First Amendment, and Section 230 of the Communications Decency Act explored these issues, especially in light of three cases currently pending before the Supreme Court, and a Texas content moderation law that has been stayed pending the Court’s certiorari decision. Participants Amy Adler, Emily Kempin Professor of Law, NYU School of Law Esha Bhandari, Deputy Director, ACLU Speech, Privacy, and Technology Project; Adjunct Professor, NYU School of Law Annie Dorsen, Theater Director; MacArthur Fellow; Student, NYU School of Law (Class of 2024) Andrew Gass, Latham & Watkins Joseph Gratz, Partner, Morrison & Foerster; Outside counsel to OpenAI and artist Kristina Kashtanova Moderator Jason Schultz, Professor of Clinical Law and Director, Technology Law and Policy Clinic, NYU School of Law