Language models generate text based on statistical probabilities. This led to serious false accusations against a veteran court reporter by Microsoft's Copilot.

German journalist Martin Bernklau typed his name and location into Microsoft’s Copilot to see how his culture blog articles would be picked up by the chatbot, according to German public broadcaster SWR.

The answers shocked Bernklau. Copilot falsely claimed Bernklau had been charged with and convicted of child abuse and exploiting dependents. It also claimed that he had been involved in a dramatic escape from a psychiatric hospital and had exploited grieving women as an unethical mortician.

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Bernklau believes the false claims may stem from his decades of court reporting in Tübingen on abuse, violence, and fraud cases. The AI seems to have combined this online information and mistakenly cast the journalist as a perpetrator.

Microsoft attempted to remove the false entries but only succeeded temporarily. They reappeared after a few days, SWR reports. The company’s terms of service disclaim liability for generated responses.

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  • @orclev
    105•20 days ago

    I really hope he sues them and establishes case law that companies are 100% responsible for all AI generated content. If we let them get away with this it’s only going to get worse from here.

    • @[email protected]
      47•19 days ago

      I’m fairly certain something like that has already happened with Canadian Airlines. A person asked about bereavement travel and the AI chat bot claimed one thing and the company refused to honor it. IIRC, the court said the company had to abide by what the chatbot said.

    • @the_toast_is_gone
      26•20 days ago

      I am so, so looking forward to the legal quagmire that is pretty much anything involving AI.

    • @[email protected]
      9•19 days ago

      Within the context it’s presented I 100% agree with this. The airline case the AI was basically replacing a human agent/representative, so they were liable in the same way as if a human had provided the misinformation.

      In this case, it’s presenting details as fact as if they’d come from legit news sources etc. They should face the same penalty as a news agency would be libel.

      Now if it’s just an AI NPC in a game going a bit off the rails, that’s just entertainment. So long as nobody gets to pull the “we’re not really news, just entertainment” bullshit.

    • @[email protected]English
      4•19 days ago

      I mean, if I could think of anywhere I would least like to pull that kind of nonsense it’d be Germany.

      • @orclev
        14•19 days ago

        Why? What possible downside is there in holding companies accountable for what they produce?

          • @orclev
            2•18 days ago

            Existing law already covers that. Libel/slander only applies in cases that it appears you’re making a statement of fact. I can for instance say Trump gargles Putin’s balls once a month and as long as it’s clear from the context that this isn’t intended to be a statement of fact then it doesn’t qualify as defamation. Companies should be liable for what their AI outputs in the exact same way they’re liable for what their employees produce. If they want to not be held liable then they need to make sure their customers are properly informed that what they’re viewing might be complete bullshit. This means prominent notifications not a single line buried in paragraph 84 of their EULA.

        • @[email protected]
          -3•19 days ago

          quite frankly because I have hardly ever seen governments regulating technology having good results; we should mostly be allowed to experiment with technology without governments telling us how to do it, this is how we make human progress

          The guy who wrote https://www.eff.org/cyberspace-independence didn’t know about large language models yet but his thoughts apply to them too tbh.

          • ✺roguetrick✺
            8•19 days ago

            In the common law system (which Germany is not) this is already actionable by defamation torts. It’s no different from you installing faulty wiring and burning your neighbor’s house down. If you cause damages, you pay for them. Something being digital isn’t a magic externality that makes you not responsible.