Free Speech and AIs

Toni Massaro, Regents’ Professor, Milton O. Riepe Chair in Constitutional Law, and Dean Emerita at the University of Arizona College of Law, and Helen Norton, Professor of Law at the University of Colorado Law School, discuss whether Artificial Intelligences might ever gain free speech rights. After all, as Citizens United affirmed, lots of non-human entities have at least some aspects of a right to free speech.

Indeed, it is a question that warrants consideration: do only humans have full free speech rights, or do AIs, also; do sentient beings of any stripe have full free speech rights; and if the answer to either of the latter two is “Yes,” then what’s the threshold of intelligence beyond which such rights must be acknowledged (or granted: is our endowment of inalienable rights imbued by God in humans only, or in other beings, too?), and how do we measure that threshold?

Massaro and Norton, in their paper Siri-ously? Free Speech Rights and Artificial Intelligence look into the question (absent any religious aspect) as it relates specifically to AIs. It’s a paper well worth the read, if only for the thought experiment aspect that is the authors’ purpose.

I’m interested in a particular part of their argument, though, as summarized by The Wall Street Journal Law Blog [emphasis in the original].

The idea becomes less preposterous, according to the scholars, when one focuses not on who or what is doing the speaking, but on who is doing the listening.

Such an approach, emphasizing “expression’s value to listeners” or the “listeners’ enlightenment,” yields “many similarities…between much computer speech and human speech that we already protect,” the professors say.

Listening is a hugely important aspect of our freedom of speech, no doubt. The right of the listener to choose for himself the speech to which he will listen or not listen—the right to assess for himself the value of the speech—is absolutely critical; without it there is no freedom of speech.

But.

The right to choose which speech to which to listen or not can only be derivative of the right to speak freely. After all, if the speech can be blocked in any way, or censored in any form, there can be nothing to which to listen, and so no choice of listening can exist. Within that, the value of the listened-to speech, and of the ignored speech, is in the mind of the speaker first and in the ear of the listener/ignorer second. There is no third. Government’s view, including court’s view, of that value never enters into it.

The authors dilute IMNSHO their argument to a large degree by basing a significant fraction of their argument on the value to a listener of that derivative aspect.

Encryption and the Government

Manhattan District Attorney Cyrus Vance wants Congress to enable government agencies—the police in Vance’s case—to penetrate private citizens’ encrypted cell phone communications. His justification?

Just for iPhones alone we have 111 cases that we are not able to access…due to new encryption protocols[.]

Out of a population of 320 million Americans possessing some 200 million smartphones—the targets of Vance’s desire—Vance has a problem with 111. That’s roughly akin to five people out of the entire city of New York. Five problems, and so all of New York City must lose their ability to protect their privacy against government snooping. One hundred and eleven problems, and so all Americans must lost.

Trust us. We government men would never abuse this power.

This is exactly the arrogance of officials of intrusive government that drove our Founders to write the 4th Amendment. Can’t crack the encryption, even with a warrant? Do actual police work. You have brains. It only takes one failure? Reread Ben Franklin’s remark about security and liberty.

We’ve been over this.

 

Political Experience

As the terrorist threat becomes ever more apparent—Paris, for instance—political experience in a Presidential candidate would seem to be at a premium, according to political…pundits. I agree: given the US’ role in the world, even after President Barack Obama’s seven-year retreat, a retreat actively supported by the Democratic Party, political experience is highly important. Especially with the damage done by that retreat, political experience is highly important. So is an ability to learn policy issues and rationally to form policy and adjust it as empirical data flow in.

Democratic Presidential candidate Hillary Clinton is often touted as unbeatable in the Democratic primary campaign—she is—and she’s just as often touted (a few too early polls notwithstanding) as virtually unbeatable in the general election. Her political experience is the support for that unbeatability.

Let’s see, then, what are some highlights of her political experience?

  • HillaryCare
  • Bimbo Eruptions
  • For the Iraq War before she was against it (sound familiar?)
  • Successfully passed three Senate bills: created a historic site, named a post office, named a stretch of highway
  • For Keystone XL before she was against it
  • Foreign government “contributions” to her (and her husband’s and daughter’s) Clinton Foundation while sitting in the Secretary of State’s chair
  • Communications security and classified material handling while sitting in the Secretary of State’s chair
  • Libya
  • Benghazi

Clinton has remained steadfast in all of these, save for her flip-flopping on Iraq and Keystone. Especially, she has remained steadfast on Obamacare (née HillaryCare), security matters, Libya, and Benghazi.

She should run on her political experience. The Republican Presidential candidate should run on her political experience.

Legitimate Terrorism

Because if you angrify the terrorists in a specific way, their response is justifiable anger.

That’s what the motorboat skipper who sits in the Secretary of State’s chair is saying, John Kerry, anyway.

There’s something different about what happened from Charlie Hebdo, and I think everybody would feel that. There was a sort of particularized focus and perhaps even a legitimacy in terms of—not a legitimacy, but a rationale that you could attach yourself to somehow and say, okay, they’re really angry because of this and that.

No, not everyone. Certainly not anyone with any capability to discriminate evil from good. Only someone blind to reality, someone like a John Kerry, would feel that.

Thirteen more months of this sewage. And of the damage this…person…will cause.

There’s Containment, and There’s Containment

Recall President Barack Obama’s claim, on the morning of the Daesh’s terrorist attacks in Paris, that Daesh was contained.

Now he’s saying he was right in that assessment:

[H]e insisted that the reason he said they’re contained, hours before terror teams launched deadly raids across Paris, is because “they control less territory than they did last year.”

That may be marginally true: the Kurds have successfully pushed toward Raqqa in Syria, and they’ve driven Daesh from Sinjar in Iraq.

How important is that bit of geography, though? Daesh has expanded from attacks within and at the periphery of the geography it holds to attacks in two different continents—the airliner bombing in Egypt and those Paris attacks.

Physically contained? Geographically contained, maybe. Maybe. But plainly not physically contained—Egypt and France. And plainly not contained as a practical matter.

It’s hard to believe that neither Obama’s echo chamber nor Obama don’t understand this.