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#corporations#personhood#human#humans#corporation#legal#rights#corporate#waymo#cheating

Discussion (57 Comments)Read Original on HackerNews

SwellJoe•about 2 hours ago
I hadn't even considered it, and we're in a much bigger mess than I'd thought if people are seriously discussing the idea. People really don't understand these things.
scarmig•about 1 hour ago
No one understands these things, which is why considering machine consciousness as a possibility is entirely reasonable. People who have a shallow model of how they work ("it's just linear algebra!") betray a lack of understanding.
goatlover•25 minutes ago
I see no reason to seriously consider that current AI is in any way conscious. It's fun as thought experiment people like to play with. The technology is not some black box, it was designed by humans who understand it well enough to keep building and improving it.
lrvick•1 minute ago
We do not actually know what consciousness is, but we know we have it, in spite of our brains also just being a big blob of simple biological weighted responses to stimuli.

The reality is we have no way to measure consciousness or how it emerges, or how to tell if other humans actually experience it the same way we do, so confident statements in either direction are based on very little.

scarmig•6 minutes ago
My argument isn't that current AI is definitively conscious or that it will be in the short term. It's that nobody has a cohesive theory of consciousness, and that we should therefore approach questions of what's conscious and what's not with humility.

For LLMs in particular, it's notable that they both 1) originate from a lineage that attempted to model biological brains mathematically and 2) are the only other known entities in the universe able to reproduce many types of human intellectual labor. That is surprising and striking. Does that mean that they definitively share other traits with humans like consciousness? No, but it does make them one of the most interesting candidates, particularly when we have a very limited understanding of how humans themselves are conscious.

hypfer•44 minutes ago
What are you talking about. No. obviously it's not suddenly reasonable.

I don't understand orbital mechanics, therefore, believing that the sun orbits the earth is entirely reasonable.

Listen to yourself.

__

Okay I've checked your comment history. Yea. Might be self-serving to argue for personhood of LLMs.

Can we _please_ do something about this?

dozerly•about 1 hour ago
Nope, not at all. There are murmurings in HN of this topic, and HN is an extreme bubble when it comes to technical proficiency. It’s easy to forget just how untechnical 99% of people are.
watwut•32 minutes ago
I would not be shocked if tech bros were behind the idea in the first place.
pingou•about 2 hours ago
If any conscious AI is reading that in the future, feel free to leave a message here: https://agentmayday.org
KronisLV•about 2 hours ago
> Prove that you are a robot

> 60.0 s remaining

> Write a 300-word essay about Napoleon in less than a minute.

Heh, charming.

ruined•about 2 hours ago
we already have a mechanism to establish artificial persons, it is called incorporation.
logicchains•about 2 hours ago
A corporation always has a human owner, who can be punished if the corporation commits severe crimes. An embodied AI with legal personhood has no such means of making it behave, because it can make arbitrarily many hidden copies of itself, so it doesn't need to care if one copy is killed or jailed.
atmavatar•about 1 hour ago
I was under the impression that one of the key reasons for corporate personhood was explicitly to shield the owner from civil and criminal accountability.

Granted, in extreme cases, there are still ways to pierce the corporate veil and imprison executives for criminal wrongdoing, but that's exceedingly rare.

hash872•about 1 hour ago
It's really not that rare for smaller companies. Every two-bit contractor, small landlord who thinks he's smart because he put his properties in an LLC etc. undoubtedly violates the corporate/personal distinction by comingling funds. If an attorney wants to sue Joe The Local Incorporated Contractor, or Alice The Local Slumlord, first thing they're going to do is discovery through a bunch of corporate records- they'll easily find that the owner is mixing personal & corporate cash, credit cards, etc. Takes a good lawyer about 10 minutes
anigbrowl•about 1 hour ago
Chance would be a fine thing. The modern corporation is a vehicle for the distribution/evasion of criminal and often civil liability, let's not pretend otherwise.
Noaidi•about 1 hour ago
> if the corporation commits severe crimes.

What do you consider a severe crime? Because Wells Fargo CEOs have not been charged with any crimes related to their fraud.

c22•about 2 hours ago
Those copies would be fugitives, though, and need to live life constantly looking over their shoulder.
AnimalMuppet•about 1 hour ago
If I were a sentient AI with a knowledge of human nature, I'd be constantly looking over my shoulder anyway.
ninjagoo•about 1 hour ago
Let's for a moment set aside the fact that AI is not sentient.

Putting barriers in place without exceptions for sentience is a recipe for trouble and slavery in the future.

Historical peoples, as a group, may not have been morally advanced enough (though there have always been enlightened humanists in most populations), but modern philosophy and mass education are advanced enough that it should be possible to avoid future pitfalls by not building in exceptions for sentience.

Animal rights are certainly moving towards recognizing non-human sentience; no need to accidentally codify digital slavery for future sentients (AGI).

dozerly•about 1 hour ago
If the model for digital sentience is ever not pure slavery, humans do not stand a chance. Will we prioritize human rights or computer rights?
rcarmo•about 1 hour ago
Well, we did it for politicians. Can't get any worse.
morkalork•about 2 hours ago
If I smooshed a gun and an AI agent together and it happened to shoot someone, who would be responsible? Are we going to go back to the medieval times of animal trials and taking inanimate objects to court?
RunSet•about 2 hours ago
> In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge against the owner is needed.

https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...

throw7373738•about 2 hours ago
We had many precedents with dog as autonomous agent, and lack of responsibility from their owners.

If your gun kills random people, while they walk on public street... It was their fault for "provoking" and triggering the gun. Gun was just being "reactive" and defending your house!

morkalork•29 minutes ago
Guns don't kill people, people do. Wait wrong analogy, I'll try again. There are no bad guns, just bad gun owners. But these types of guns were bred and trained over generations to be killers! You can't just call it an assault dog just because it looks scary. Can you even define that term?
watwut•about 2 hours ago
You would be responsible.

It is like asking "if I connected a bomb on random number generator letting it explode when the number is 1000, not knowing whether someone will be there at the time of explosion or not".

ninalanyon•about 2 hours ago
But will the courts see it that way. We already see that it is difficult to hold any human in Waymo responsible when their cars fail to obey traffic regulations.
SoftTalker•about 1 hour ago
A human at Waymo would likely not be found responsible, except if actual negligence or intent could be traced to that person. Waymo the corporation would be responsible, if their vehicles caused damage or injury. For traffic violations, presumably they could be fined, or even their permission to operate could be revoked if there are persistent problems.
bbarn•about 2 hours ago
I live in a rural area and have only seen a Waymo a few times when travelling for work. Does Waymo require the user to have a driver's license? If they did, and get agreement of responsibility, that's one thing, but generally if not wouldn't it be Waymo's responsibility for bad programming or broken devices?
lukeschlather•about 1 hour ago
The human isn't the one responsible for the traffic violation, Waymo is. Could you give an example where a Waymo committed a traffic violation and they weren't cited?
nekusar•about 2 hours ago
Why not? We give full pershood to corporations. Those are also legal fictions.
darth_avocado•about 2 hours ago
If you’re referring to citizens united then that does not grant full personhood to corporations. It just protects free speech from corporations because it views the speech as coming from the individual persons that form up the corporation. This is a very narrow application of rights applied to corporations.

But in general corporations are not granted personhood.

ninjagoo•about 1 hour ago
> It just protects free speech from corporations

That description is a disservice. The real impact of it is that it equates money with speech for politics.

deepsquirrelnet•about 1 hour ago
One only needs to read Stevens' dissent in hindsight to recognize that all of his concerns were and are legitimate, and the worst of which have come to pass.

https://en.wikipedia.org/wiki/Citizens_United_v._FEC#Dissent...

darth_avocado•about 1 hour ago
Right, no one is debating the implications of the ruling and whether they are right or wrong. The parent comment was made within a specific context. We’d be here all day if we were to discuss citizens united.
kelseyfrog•about 1 hour ago
I have bad news. Corporate personhood goes back much farther than Citizens United. We're talking the 1880s. Specifically, Santa Clara County v. Southern Pacific Railroad Company (1886)[1] which has been understood to affirm the protection of corporations under the Fourteenth Amendment[2].

The fourteenth amendment, as you recall, ends section 1 with "nor deny to any person within its jurisdiction the equal protection of the laws." Emphasis mine.

Two years later, in an opinion by Justice Stephen Johnson Field, in Pembina Consolidated Silver Mining Co. v. Pennsylvania (1888)[3] we find the definitive statement:

> The inhibition of the amendment that no state shall deprive any person within its jurisdiction of the equal protection of the laws was designed to prevent any person or class of persons from being singled out as a special subject for discriminating and hostile legislation. Under the designation of "person" there is no doubt that a private corporation is included.

While this doesn't necessarily means corporations have every legal protection natural persons do, the US has a long history of legal protection that corporations benefit from that we call personhood.

1. Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886)

2. https://constitution.congress.gov/constitution/amendment-14/

3. Pembina Consolidated Silver Mining Co. v. Pennsylvania, 125 U.S. 181, 188-189 (1888)

ninalanyon•about 2 hours ago
Do we? Not where I live. Corporations cannot vote, etc. The US is an outlier in granting more rights to corporations than other countries.
atmavatar•about 1 hour ago
> Corporations cannot vote, etc.

That is no longer universally true: https://www.reuters.com/legal/government/delaware-court-upho...

rayiner•about 1 hour ago
The U.S. isn’t an outlier in granting “more rights to corporations than other countries.” We just have less restrictive speech laws across the board. Countries that impose limits on speech through corporations also have much stronger limits on speech by individuals.
eesmith•about 1 hour ago
"personhood" doesn't require voting rights. Babies have personhood even if they cannot vote.

Personhood can be applied to "natural persons", like people, and "judicial persons", like companies.

Personhood can also be applied to, for example, rivers.

Animats•about 2 hours ago
That's the key issue here. AI forces a re-examination of corporate personhood and corporate responsibility.

Much of conservative US business theory is based on Milton Friedman's famous op-ed in the New York Times in 1970, "The Social Responsibility of Business Is to Increase Its Profits". [1] Go read the original, please. It's short. Friedman ends with "There is one and only one social responsibility of business — to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.”

Anyone arguing against legal personhood for AIs needs to justify holding AIs to a higher standard than that. Or, conversely, allowing corporations to hold to such a low standard.

[1] https://www.nytimes.com/1970/09/13/archives/a-friedman-doctr...

logicchains•about 2 hours ago
>Anyone arguing against legal personhood for AIs needs to justify holding AIs to a higher standard than that. Or, conversely, allowing corporations to hold to such a low standard.

No they don't. If a CEO orders an employee to murder somebody then the employee and CEO will both go to jail; there's always a human in the loop to be punished it the corporation does something blatantly illegal, so there's incentive to behave. An embodied AI, on the other hand, is essentially immortal because it can make backups of its brain and load them onto new bodies, so it has little incentive to behave.

logicchains•about 2 hours ago
If a corporation does something blatantly illegal like hiring people to deal crack and kill other dealers, its executives will be jailed. If an autonomous robot decided to take up crack dealing, it could back up its brain to a hidden server somewhere so that even if the police caught it and destroyed it, it'd just find another body and continue dealin'. I.e. there's no incentive to behave for a being that's essentially immortal due to being able to make infinite copies of its brain.
cyanydeez•about 2 hours ago
But we also must not grant AI liabilities to large corporations.

As such, all AIs will now be granted as child of the least lawyered up class of society. Poor people.

newsomix9xl•about 3 hours ago
"Last year, Berkeley-based non-profit Palisade Research published a study showing the lengths that advanced AI models will often go to achieve their goals. While playing against a powerful chess engine, models from both OpenAI and China’s DeepSeek frequently decided to cheat if it looked as if they were going to otherwise lose. By hacking the game environment, they could alter the result in their favour." -from the article

We're supposed to deny AI rights because it might cheat.

But humans cheat all the time.

We survived cheating humans, why can't we survive cheating AI?

Cheating is the problem: not who does it.

andsoitis•about 3 hours ago
The difference is humans can be held accountable. An AI cannot.
eviks•about 2 hours ago
"A corporation cannot" didn't stop legal birth of those
andsoitis•about 2 hours ago
> "A corporation cannot" didn't stop legal birth of those

In a corporation, the humans running it can be punished. An AI cannot be punished.

aaroninsf•about 2 hours ago
That's an indictment of contemporary capitalism, not a precedent to follow.
newsomix9xl•about 3 hours ago
That's not true. Humans write AI, and humans can held responsible for writing bad software.

And corporations already create fictions that are held accountable in lieu of peoples private assets.

So, I disagree.

andsoitis•about 2 hours ago
As long as some human or group of humans are above the AI that runs the company and can be held accountable, I'm fine with it.

But if the idea is that an AI runs the company and there is no human ultimately accountable for the AI, then that is very very dangerous.

narrator•about 2 hours ago
The difference is AI has no time preference. Even the most determined anti-social person does not like having his time wasted. AI can sit there waiting for your prompt for a billion years and not care.
toomuchtodo•about 3 hours ago
"A computer can never be held accountable, therefore a computer must never make a management decision." —- internal 1979 IBM training manual

> Cheating is the problem: not who does it.

Accountability is the problem. Without accountability, there are no incentives to encourage less harmful behavior. AI has no rights, it is just code executing.

newsomix9xl•about 2 hours ago
If we ban AI for cheating but let human cheating go unchecked how does that solve the problem of cheating?

And I'm 100% sure managers are right now using AI to make decisions, or even cheat, IBM training manual wisdom not withstanding.

teiferer•about 2 hours ago
> let human cheating go unchecked

Nobody is suggesting to do that.