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Lawyer cites fake cases invented by ChatGPT, judge is not amused

simonwillison.net

171–180 of 319 posts

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#171
post #131

What needs to exist is a legal compiler that lawyers can plug responses into from these tools. Sort of how a developer would use chat gpt. A giant rules engine for the law. I’m surprised one doesn’t exist or isn’t in progress that I know of. Seems like it would be very helpful

There isn't one because the law is not a programming language.

Believing otherwise is a common misconception amongst engineers, but representing law as such is (as I have said in this forum before) a leading cause of disappointment, frustration, bickering, anger, conflict, and vexatiously long and mostly unenforceable contracts.

Observance of law is fundamentally about alignment with principles, not blindly following a set of rules. The latter debility is more properly associated with the administration of law, especially at its most mediocre and ritualistic.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#172
post #85

Earlier quoted context omitted.

Why assume malice? Asking ChatGPT to verify is exactly what someone who trusts ChatGPT might do. I'm not surprised this lawyer trusted ChatGPT too much. People trust their lives to self driving cars, trust their businesses to AI risk models, trust criminal prosecution to facial recognition. People outside the AI field seem to be either far too trusting or far too suspicious of AI.

Quoted directly from my last session with ChatGPT mere seconds ago: > Limitations May occasionally generate incorrect information May occasionally produce harmful instructions or biased content Limited knowledge of world and events after 2021 --- A lawyer who isn't prepared to read and heed the very obvious warnings at the start of every ChatGPT chat isn't worth a briefcase of empty promises. WARNING: witty ending of…

I agree the lawyer shouldn't have trusted ChatGPT, but I'm not comfortable with the idea that the lawyer bears all the responsibility for using ChatGPT and Microsoft/OpenAI bear no responsibility for creating it.

"May occasionally generate incorrect information" is not a sufficient warning. Even Lexis-Nexis has a similar warning: "The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed."

And in any case, it seems like you agree with me that the lawyer was incompetent rather than malicious.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#173
post #7

No, it did not “double-check”—that’s not something it can do! And stating that the cases “can be found on legal research databases” is a flat out lie. What’s harder is explaining why ChatGPT would lie in this way. What possible reason could LLM companies have for shipping a model that does this? It did this because it's copying how humans talk, not what humans do. Humans say "I double checked" when asked to verify so…

ChatGPT did not lie; it cannot lie. It was given a sequence of words and tasked with producing a subsequent sequence of words that satisfy with high probability the constraints of the model. It did that admirably. It's not its fault, or in my opinion OpenAI's fault, that the output is being misunderstood and misused by people who can't be bothered understanding it and project their own ideas of how it should function…

> It was given a sequence of words and tasked with producing a subsequent sequence of words that satisfy with high probability the constraints of the model.

This is exactly the sort of behavior that produces many of the lies that humans tell everyday. The "constraints of the model" are synonymous with the constraints of a person's knowledge of the world (which is their model).

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#174
post #7

No, it did not “double-check”—that’s not something it can do! And stating that the cases “can be found on legal research databases” is a flat out lie. What’s harder is explaining why ChatGPT would lie in this way. What possible reason could LLM companies have for shipping a model that does this? It did this because it's copying how humans talk, not what humans do. Humans say "I double checked" when asked to verify so…

ChatGPT did not lie; it cannot lie. It was given a sequence of words and tasked with producing a subsequent sequence of words that satisfy with high probability the constraints of the model. It did that admirably. It's not its fault, or in my opinion OpenAI's fault, that the output is being misunderstood and misused by people who can't be bothered understanding it and project their own ideas of how it should function…

Exactly. ChatGPT describes a universe recreated using probabilities. Caveat emptor.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#175
post #66

Earlier quoted context omitted.

ChatGPT did not lie; it cannot lie. It was given a sequence of words and tasked with producing a subsequent sequence of words that satisfy with high probability the constraints of the model. It did that admirably. It's not its fault, or in my opinion OpenAI's fault, that the output is being misunderstood and misused by people who can't be bothered understanding it and project their own ideas of how it should function…

Correct. ChatGPT is a bullshitter , not a liar. A bullshitter isn’t concerned with facts or truth or anything. A liar is concerned with concealing the truth. Bullshitters are actually probably worse than liars because at least liars live in the same reality as honest people.

Liars (humans) are often unconcerned with facts or truth either. More often these days, they are only concerned with profit. Are unconfirmed lies in the pursuit of mere profit somehow not lies?

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#176
post #7

No, it did not “double-check”—that’s not something it can do! And stating that the cases “can be found on legal research databases” is a flat out lie. What’s harder is explaining why ChatGPT would lie in this way. What possible reason could LLM companies have for shipping a model that does this? It did this because it's copying how humans talk, not what humans do. Humans say "I double checked" when asked to verify so…

There are systems built on top of LLMs that can reach out to a vector database or do a keyword search as a plug in. There’s already companies selling these things, backed by databases of real cases. These work as advertised. If you go to ChatGPT and just ask it, you’ll get the equivalent of asking Reddit: a decent chance of someone writing you some fan-fiction, or providing plausible bullshit for the lulz. The real s…

> If you go to ChatGPT and just ask it, you’ll get the equivalent of asking Reddit: a decent chance of someone writing you some fan-fiction, or providing plausible bullshit for the lulz.

I disagree. A layman can’t troll someone from the industry let alone a subject matter expert but ChatGPT can. It knows all the right shibboleths, appears to have the domain knowledge, then gets you in your weak spot: individual plausible facts that just aren’t true. Reddit trolls generally troll “noobs” asking entry-level questions or other readers. It’s like understanding why trolls like that exist on Reddit but not StackOverflow. And why SO has a hard ban on AI-generated answers: because the existing controls to defend against that kind of trash answer rely on sniff tests that ChatGPT passes handily until put to actual scrutiny.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#177
post #60
post #7

No, it did not “double-check”—that’s not something it can do! And stating that the cases “can be found on legal research databases” is a flat out lie. What’s harder is explaining why ChatGPT would lie in this way. What possible reason could LLM companies have for shipping a model that does this? It did this because it's copying how humans talk, not what humans do. Humans say "I double checked" when asked to verify so…

ChatGPT did exactly what it is supposed to do. The lawyers who cited them are fools in my opinion. Of course OpenAI is also an irresponsible company to enable such a powerful technology without adequate warnings. With each chatGPT response they should provide citations (like Google does) and provide a clearly visible disclaimer that what it just spewed may be utter BS. I only hope the judge passes an anecdotal order…

I have to click through a warning on ChatGPT on every session, and every new chat comes primed with a large set of warnings about how it might make things up and please verify everything.

It's not that there aren't enough disclaimers. It just turns out plastering warnings and disclaimers everywhere doesn't make people act smarter.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#178
post #131

What needs to exist is a legal compiler that lawyers can plug responses into from these tools. Sort of how a developer would use chat gpt. A giant rules engine for the law. I’m surprised one doesn’t exist or isn’t in progress that I know of. Seems like it would be very helpful

"The law is code" falls apart as soon as you have to take judges into account.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#179

See, this is the sort of thing that makes me suspicious about the current AI hype (well, that, plus it’s largely the same people who were going on about cryptocurrency changing the world a few years ago); this stuff just isn’t very _useful_. Like, if writing plausible lies is the 2020s AI boom’s killer app, well, that’s not great, really.

IMHO, like many brand new technologies, the I hype is overhyped, but will still reduce to many useful things when the dust will have settled down.

Just like we had no free ambient electricity in 1890, no flying cars in 1950, and not talking robots in 1980, we still have a very robust electricity network, a car per household, and automated assembly lines.

Re: Lawyer cites fake cases invented by ChatGPT, judge is not amused

#180

Earlier quoted context omitted.

>Let’s hold the creators of these models accountable, and everything will be better. Shall we hold Adobe responsible for people photoshopping their ex's face into porn as well?

I don’t think the marketing around photoshop and chatgpt are similar. And that matters. Just like with self-driving cars, as soon as we hold the companies accountable to their claims and marketing, they start bringing the hidden footnotes to the fore. Tesla’s FSD then suddenly becomes a level 2 ADAS as admitted by the company lawyers. ChatGPT becomes a fiction generator with some resemblance to reality. Then I think…

I actually agree more with this comment more than after my initial read. You suggest some valid concerns about innovation that regulation could address.

I guess the part I’m unsure about is the assertion about the dissimilarity to Photoshop, or if the marketing is the issue at hand. (E.g. did Adobe do a more appropriate job marketing with respect to conveying that their software is designed for the editing, but not doctoring, or falsifying facts?)

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