AI could break legal systems by finding previously hidden loopholes
Turns out legislation may have bugs, too
Large language models, similar to those used for finding code vulnerabilities, could similarly expose hidden loopholes in legal systems, potentially causing chaos, according to a Stanford Law School professor. Legal systems, like computer systems, contain vulnerabilities that can be exploited. While courts typically address these issues through statutory interpretation, automated discovery of adversarial inconsistencies in the law could overwhelm the legal system's ability to resolve such gaps.
Legal scholars argue that laws can be viewed as "vulnerable code," an analogy that dates back to the 1990s. Researchers claim that AI models can uncover statutory gaps at a scale that may bring chaos to the legal world. They provide examples of potential gaps in German law, such as an amendment to the Occupational Diseases Regulation lacking a required reference, which could potentially invalidate a confidentiality provision.
They argue that with the increasing use of AI in the legal field, such as AI-assisted legal research and drafting opinions, lawmakers would need to strengthen the legislative process, possibly leveraging advanced AI themselves. Experts believe that while the idea of using AI to identify statutory gaps is logical, careful human review is necessary to determine the validity of these gaps.
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