Artificial intelligence is coming for our democratic politics, from how politicians campaign to how the legal system functions.

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How AI Will Change Democracy

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Highlights

Replacing humans with AIs isn’t necessarily interesting. But when an AI takes over a human task, the task changes.

In particular, there are potential changes over four dimensions: Speed, scale, scope and sophistication.

It gets interesting when changes in degree can become changes in kind. High-speed trading is fundamentally different than regular human trading. AIs have invented fundamentally new strategies in the game of Go. Millions of AI-controlled social media accounts could fundamentally change the nature of propaganda.

We don’t know how far AI will go in replicating or replacing human cognitive functions. Or how soon that will happen. In constrained environments it can be easy. AIs already play chess and Go better than humans.

keep in mind a few questions: Will the change distribute or consolidate power? Will it make people more or less personally involved in democracy? What needs to happen before people will trust AI in this context? What could go wrong if a bad actor subverted the AI in this context?

The changes are largely in scale. AIs can engage with voters, conduct polls and fundraise at a scale that humans cannot—for all sizes of elections. They can also assist in lobbying strategies. AIs could also potentially develop more sophisticated campaign and political strategies than humans can.

But as AI starts to look and feel more human, our human politicians will start to look and feel more like AI. I think we will be OK with it, because it’s a path we’ve been walking down for a long time. Any major politician today is just the public face of a complex socio-technical system. When the president makes a speech, we all know that they didn’t write it.

In the future, we’ll accept that almost all communications from our leaders will be written by AI. We’ll accept that they use AI tools for making political and policy decisions. And for planning their campaigns. And for everything else they do.

AIs can also write laws. In November 2023, Porto Alegre, Brazil became the first city to enact a law that was entirely written by AI. It had to do with water meters. One of the councilmen prompted ChatGPT, and it produced a complete bill. He submitted it to the legislature without telling anyone who wrote it. And the humans passed it without any changes.

A law is just a piece of generated text that a government agrees to adopt.

AI will be good at finding legal loopholes—or at creating legal loopholes. I wrote about this in my latest book, A Hacker’s Mind. Finding loopholes is similar to finding vulnerabilities in software.

AIs will be good at inserting micro-legislation into larger bills.

AI can help figure out unintended consequences of a policy change—by simulating how the change interacts with all the other laws and with human behavior.

AI can also write more complex law than humans can.

AI can write laws that are impossible for humans to understand.

Imagine that we train an AI on lots of street camera footage to recognize reckless driving and that it gets better than humans at identifying the sort of behavior that tends to result in accidents. And because it has real-time access to cameras everywhere, it can spot it … everywhere.

The AI won’t be able to explain its criteria: It would be a black-box neural net. But we could pass a law defining reckless driving by what that AI says. It would be a law that no human could ever understand. This could happen in all sorts of areas where judgment is part of defining what is illegal. We could delegate many things to the AI because of speed and scale. Market manipulation. Medical malpractice. False advertising. I don’t know if humans will accept this.

It could audit contracts. It could operate at scale, auditing all human-negotiated government contracts.

Imagine we are using an AI to aid in some international trade negotiation and it suggests a complex strategy that is beyond human understanding. Will we blindly follow the AI? Will we be more willing to do so once we have some history with its accuracy?

Could AI come up with better institutional designs than we have today? And would we implement them?

An AI public defender is going to be a lot better than an overworked not very good human public defender. But if we assume that human-plus-AI beats AI-only, then the rich get the combination, and the poor are stuck with just the AI.

AI will also change the meaning of a lawsuit. Right now, suing someone acts as a strong social signal because of the cost. If the cost drops to free, that signal will be lost. And orders of magnitude more lawsuits will be filed, which will overwhelm the court system.

Another effect could be gutting the profession. Lawyering is based on apprenticeship. But if most of the apprentice slots are filled by AIs, where do newly minted attorneys go to get training? And then where do the top human lawyers come from? This might not happen. AI-assisted lawyers might result in more human lawyering. We don’t know yet.

AI can help enforce the law. In a sense, this is nothing new. Automated systems already act as law enforcement—think speed trap cameras and Breathalyzers. But AI can take this kind of thing much further, like automatically identifying people who cheat on tax returns, identifying fraud on government service applications and watching all of the traffic cameras and issuing citations.

But most importantly, AI changes our relationship with the law. Everyone commits driving violations all the time. If we had a system of automatic enforcement, the way we all drive would change—significantly. Not everyone wants this future. Lots of people don’t want to fund the IRS, even though catching tax cheats is incredibly profitable for the government. And there are legitimate concerns as to whether this would be applied equitably.

AI can help enforce regulations. We have no shortage of rules and regulations. What we have is a shortage of time, resources and willpower to enforce them, which means that lots of companies know that they can ignore regulations with impunity.

Imagine putting cameras in every slaughterhouse in the country looking for animal welfare violations or fielding an AI in every warehouse camera looking for labor violations. That could create an enormous shift in the balance of power between government and corporations—which means that it will be strongly resisted by corporate power.

The AI could provide the court with a reconstruction of the accident along with an assignment of fault. AI could do this in a lot of cases where there aren’t enough human experts to analyze the data—and would do it better, because it would have more experience.

Automated adjudication has the potential to offer everyone immediate justice. Maybe the AI does the first level of adjudication and humans handle appeals. Probably the first place we’ll see this is in contracts. Instead of the parties agreeing to binding arbitration to resolve disputes, they’ll agree to binding arbitration by AI. This would significantly decrease cost of arbitration. Which would probably significantly increase the number of disputes.

If you and I are business partners, and we have a disagreement, we can get a ruling in minutes. And we can do it as many times as we want—multiple times a day, even. Will we lose the ability to disagree and then resolve our disagreements on our own? Or will this make it easier for us to be in a partnership and trust each other?

Human moderators are still better, but we don’t have enough human moderators. And AI will improve over time. AI can moderate at scale, giving the capability to every decision-making group—or chatroom—or local government meeting.

AI can act as a government watchdog. Right now, much local government effectively happens in secret because there are no local journalists covering public meetings. AI can change that, providing summaries and flagging changes in position.

This would help people get the services they deserve, especially disadvantaged people who have difficulty navigating these systems. Again, this is a task that we don’t have enough qualified humans to perform. It sounds good, but not everyone wants this. Administrative burdens can be deliberate.

Finally, AI can eliminate the need for politicians. This one is further out there, but bear with me. Already there is research showing AI can extrapolate our political preferences. An AI personal assistant trained on and continuously attuned to your political preferences could advise you, including what to support and who to vote for. It could possibly even vote on your behalf or, more interestingly, act as your personal representative.

We can imagine a personal AI directly participating in policy debates on our behalf along with millions of other personal AIs and coming to a consensus on policy.

More near term, AIs can result in more ballot initiatives. Instead of five or six, there might be five or six hundred, as long as the AI can reliably advise people on how to vote. It’s hard to know whether this is a good thing. I don’t think we want people to become politically passive because the AI is taking care of it. But it could result in more legislation that the majority actually wants.

I think this is all coming. The time frame is hazy, but the technology is moving in these directions.

All of these applications need security of one form or another. Can we provide confidentiality, integrity and availability where it is needed? AIs are just computers. As such, they have all the security problems regular computers have—plus the new security risks stemming from AI and the way it is trained, deployed and used. Like everything else in security, it depends on the details.

In most cases, the owners of the AIs aren’t the users of the AI. As happened with search engines and social media, surveillance and advertising are likely to become the AI’s business model. And in some cases, what the user of the AI wants is at odds with what society wants.

We need to understand the rate of AI mistakes versus the rate of human mistakes—and also realize that AI mistakes are viewed differently than human mistakes. There are also different types of mistakes: false positives versus false negatives. But also, AI systems can make different kinds of mistakes than humans do—and that’s important. In every case, the systems need to be able to correct mistakes, especially in the context of democracy.

Many of the applications are in adversarial environments. If two countries are using AI to assist in trade negotiations, they are both going to try to hack each other’s AIs. This will include attacks against the AI models but also conventional attacks against the computers and networks that are running the AIs. They’re going to want to subvert, eavesdrop on or disrupt the other’s AI.

Large language models work best when they have access to everything, in order to train. That goes against traditional classification rules about compartmentalization.

Can we build systems that reduce power imbalances rather than increase them? Think of the privacy versus surveillance debate in the context of AI.

And similarly, equity matters. Human agency matters.

Whether or not to trust an AI is less about the AI and more about the application. Some of these AI applications are individual. Some of these applications are societal. Whether something like “fairness” matters depends on this. And there are many competing definitions of fairness that depend on the details of the system and the application. It’s the same with transparency. The need for it depends on the application and the incentives. Democratic applications are likely to require more transparency than corporate ones and probably AI models that are not owned and run by global tech monopolies.

AI will be one of humanity’s most important inventions. That’s probably true. What we don’t know is if this is the moment we are inventing it. Or if today’s systems are yet more over-hyped technologies. But these are security conversations we are going to need to have eventually.

AI is coming for democracy. Whether the changes are a net positive or negative depends on us. Let’s help tilt things to the positive.

Yea or Nay?