Liability for AI Harms: How Ancient Law Can Govern Frontier Technology Risk, with Prof Gabriel Weil

Gabriel Weil from Touro University argues that liability law may be our best tool for governing AI development, offering a framework that can adapt to new technologies without requiring new legislation. The conversation explores how negligence, products liability, and "abnormally dangerous activities" doctrines could incentivize AI developers to properly account for risks to third parties, with liability naturally scaling based on the dangers companies create. They examine concrete scenarios including the Character AI case, voice cloning risks, and coding agents, discussing how responsibility should be shared between model creators, application developers, and end users. Weil's most provocative proposal involves using punitive damages to hold companies accountable not just for actual harms, but for the magnitude of risks they irresponsibly create, potentially making even small incidents existentially costly for major AI companies. Sponsors: Labelbox: Labelbox pairs automation, expert judgment, and reinforcement learning to deliver high-quality training data for cutting-edge AI. Put its data factory to work for you, visit https://labelbox.com Shopify: Shopify powers millions of businesses worldwide, handling 10% of U.S. e-commerce. With hundreds of templates, AI tools for product descriptions, and seamless marketing campaign creation, it's like having a design studio and marketing team in one. Start your $1/month trial today at https://shopify.com/cognitive Oracle Cloud Infrastructure: Oracle Cloud Infrastructure (OCI) is the next-generation cloud that delivers better performance, faster speeds, and significantly lower costs, including up to 50% less for compute, 70% for storage, and 80% for networking. Run any workload, from infrastructure to AI, in a high-availability environment and try OCI for free with zero commitment at https://oracle.com/cognitive NetSuite by Oracle: NetSuite by Oracle is the AI-powered business management suite trusted by over 42,000 businesses, offering a unified platform for accounting, financial management, inventory, and HR. Gain total visibility and control to make quick decisions and automate everyday tasks—download the free ebook, Navigating Global Trade: Three Insights for Leaders, at https://netsuite.com/cognitive PRODUCED BY: https://aipodcast.ing CHAPTERS: (00:00) About the Episode (06:01) Introduction and Overview (07:06) Liability Law Basics (Part 1) (18:16) Sponsors: Labelbox | Shopify (21:40) Liability Law Basics (Part 2) (27:44) Industry Standards Framework (Part 1) (39:30) Sponsors: Oracle Cloud Infrastructure | NetSuite by Oracle (42:03) Industry Standards Framework (Part 2) (42:08) Character AI Case (51:23) Coding Agent Scenarios (01:06:50) Deepfakes and Attribution (01:17:07) Biorisk and Catastrophic (01:36:24) State Level Legislation (01:43:24) Private Governance Comparison (01:59:54) Policy Implementation Choices (02:08:07) China and PIBS (02:13:50) Outro