Professor Gregory O'Hare:

I will attempt to respond to Deputy Bruton’s questions, which are difficult to answer. We have already seen some of the difficulties, nuances and challenges around data and the appropriate curation of data. We are not simply talking about data here. We are talking about content that is being originated, that may not be accurate and that may well have fundamental financial or political impact and may lead to wars or boundary incursions. I do not think the legislative framework we have at the moment is in a position to be able to respond with the speed that we need. Things are starting to present themselves that have not previously been considered because they did not need to be considered.

I will just pick one little point on that topological landscape that is incredibly fast-moving. Thinking about ownership of content that is originated, who might own it? Going back to Deputy Bruton’s point on liability, generative AI can seed new content into the information and knowledge space. The question is whether there is some sort of admissibility process or control to verify the accuracy and appropriateness of the content, and I think we all know the answer to that. With the sheer speed at which content is being generated, that is not possible. If we take an avalanche of content that is being generated, and that content is being picked up by generative AI processes to generate new content, you get this incremental shifting of the information and content landscape. To whom would one attribute liability in terms of an adverse effect to content in that space? I would bow to the legal mind beside me as to how that can be achieved.