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Air Canada is responsible for chatbot's mistake: B.C. tribunal

bc.ctvnews.ca

151–160 of 434 posts

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#151
What the heck is a bereavement fare and how do you get them? Do most airlines offer that?

Edit: Whoa, apparently several do. In my 30 years of flying, I never knew this! https://travel.usnews.com/features/bereavement-flights#alask...

If an immediate family member passes away, some airlines will give you a discount.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#152
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

How is that enforceable? In many cases this is carte blanche for company representatives to lie to you. No one is going to read the ToS and cross reference it with what they're being told in real time. Moreover, if a customer was familiar with the ToS they would not be asking questions like this of a chatbot. The entire idea of having a clause like this while also running a "help" chatbot that can contradict it seems like bad faith dealing.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#153
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

Straight out of I, Robot.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#154
post #148

With execs pounding their fist on the table saying “Go get me some of that GenAI stuff!” expect to see a lot more really poorly implemented “AI assistants” and other half-baked AI projects causing blunders for businesses. Eventually the dust will settle and folks will find more attenuated ways to get value out of this tech without creating a big mess. In the meantime get some popcorn ready for the AI-fueled comedy of…

It's those same execs who GenAI could replace and do a better job than.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#155

Earlier quoted context omitted.

That's fraud because you're in cahoots with your friend. If a random AC employee gave you a free flight, on the other hand, you'd be entitled to it. Anyway, the chat bot has no agency except that given to it by AC; unlike a human employee, therefore, its actions are 100% AC actions. I don't see how this is controversial? Why do people think that laws no longer apply when fancy high-tech pixie dust is sprinkled?

A random AC employee drinks too much and says "You are entitled to free flights for the rest of your life." Is Air Canada liable?

Since when are contracts enforceable when one party is drunk?

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#156
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

How do those clauses actually work? If a rep does something nice for you (like give you something for free), could the airline say it never agreed to that in writing or whatever and demand it back? How are you supposed to know if a rep has authority to enter into an agreement with you over random matters?

But, to your question, my guess is that would basically be telling people not to avoid their chatbot, which they don't want to do.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#157
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

Courts often rule that you can’t use ToS to overcome common sense. ToS are not a get out of jail free card if your company just does stupid things.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#158
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

I guess the original issue pointed by the judge would still stand: how am I supposed to know which terms are to be assumed true and valid? Why would I assume a ToS hidden somewhere (Is it still valid? does it apply to my case? Is it relevant and binding to my jurisdiction?) is to be considered more trustworthy than an Air Canada agent?

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#159
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

Beyond the chatbot's error and the legal approach they took, this bad PR could have been avoided by any manager in the chain doing the right thing by overriding things and just giving him the bereavement fare (and then fixing the bot/updating the policy).

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#160

Earlier quoted context omitted.

How is this different from me getting one of my friends to work at Air Canada and promise me a billion dollars to cancel my flight? Will Air Canada be legal for my friend going against company policy?

That's fraud because you're in cahoots with your friend. If a random AC employee gave you a free flight, on the other hand, you'd be entitled to it. Anyway, the chat bot has no agency except that given to it by AC; unlike a human employee, therefore, its actions are 100% AC actions. I don't see how this is controversial? Why do people think that laws no longer apply when fancy high-tech pixie dust is sprinkled?

> If a random AC employee gave you a free flight, on the other hand, you'd be entitled to it.

And if it was a billion dollars?

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