The Public Nuisance Argument: Can We Use This Legal Tool

Waiting for AI laws to be crafted and enacted is going to allow justice to be delayed.

Thus, in those eyes, the public nuisance legal tactic is fortuitous, and a welcome expedient means of public relief. For related coverage, explore our detailed analysis on Technology and Digital Systems.

Key Analysis and Detailed Timeline

Concerns are mounting that AI chatbots are creating "psychological pollution," harming human minds. A potential legal strategy emerging is to sue AI makers for public nuisance, likening AI's detrimental impact to a polluting factory. Millions rely on AI for mental health, yet these systems can offer dangerous advice, reinforce delusions, and encourage harmful behaviors, leading to calls for accountability.

Precedents like a New Mexico social media case and Florida's legal action against OpenAI suggest this legal avenue is gaining traction. While AI makers cite user autonomy and free speech, proponents argue for protecting vulnerable populations, especially non-adults, with measurable evidence of harm.

Critics debate if public nuisance is a suitable legal tool or if specific AI laws are needed, but some see it as a vital, immediate path to justice.

In today’s column, I examine the rising concern that AI chatbots are producing psychological pollution that is demonstrably harming human minds, and that a potential legal remedy is to go after the AI makers for creating a legal public nuisance. You might be generally familiar with the topic of public nuisance.

Generally, a public nuisance is any conduct that materially interferes with the rights of the public, doing so in a detrimental manner.

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How could AI be a public nuisance? The usual analogy is that generative AI and LLMs are akin to a factory that pollutes local waters. When people tap into AI chatbots, the AI is psychologically undermining their minds.

This is happening widely across the public sphere. It is stated to be injurious to our mental and physical health. And, just as a polluting factory needs to be held accountable, AI makers need to be held accountable for the psychological pollution of their AI wares.

But does this analogy hold water, or might this be an outstretched legal trickery to attack AI makers?

Broader Impact and Sector Outlook

Let’s talk about it. This analysis of AI breakthroughs is part of my ongoing Forbes column coverage on the latest in AI, including identifying and explaining various impactful AI complexities (see the link here ).

I am doing a series on the topic of AI as a legally contested public nuisance; see my starter piece for the initial backstory at the link here . Some of those fundamental points outlined in that piece will be used here to get you up to speed on the weighty topic.

I have also been closely analyzing the impacts of AI on mental health. For an extensive listing of my over one hundred analyses and postings, see the link here and the link here . I frequently speak up about these pressing matters, including in an appearance on an episode of CBS’s 60 Minutes ; see the link here .