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> Two-party consent laws raise an interesting point: how could Duplex operate legally in California? They're not testing it in California, is one option. Two
by bb88 8y ago
> Two-party consent laws raise an interesting point: how could Duplex operate legally in California?
They're not testing it in California, is one option. Two party consent is not the standard in most states.
http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations http://www.dmlp.org/legal-guide/recording-phone-calls-and-co...
- gnicholas 8y agoHonest question: is one-party consent satisfied if the party that has "given consent" is an AI bot? I could see how someone would argue that there was only one party on the call capable of consent, and that he/she (the human caller) did not give it. Another hypo: What if my AI bot calls the restaurant and talks to their AI bot? Is that a call with zero parties? Can consent for recording be given at all? My guess is that it depends on the definition of "party". Cue the lawyers.
- amenod 8y ago<IANAL> I would assume that the bot is operating on behalf of someone and it is their consent that matters. So if bot gives the consent in their name, it would be the same as if they gave the consent themselves. </IANAL>
- aurailious 8y agoSo that would mean that the person asking the bot to give consent or would that mean Google is the one giving consent? Or is the person giving permission to Google to give consent? Would Google give permission to the recording of the call?
- shaftway 8y agoI'm also not a lawyer, but.... I believe generally the US courts have decided that the person who triggers the action is the pertinent party. Something similar has come up in the firearm fabrication community. There are companies that sell things that are legally paperweights, but are 80% of the way towards being a firearm (e.g. [1]). There are CNC mills that come with programming to take one of these "80% lowers" and finish it, making a fully functional firearm, or at least the part that is considered a firearm by the BATF; other parts can be ordered and shipped online (e.g. [2]). In this case it's not the builder of the machine or the writer of the code that instructs it that is the "manufacturer" of the gun. It's not even the person who placed the unfinished lower in the enclosure and bolted it down. Instead it's the person who pushed that button. I'm going to guess that this will be similar. The user who pushes the button (or asks assistant to make an appointment on their behalf) is likely to be the one giving consent. [1]: https://www.80percentarms.com/ https://www.80percentarms.com/ [2]: https://ghostgunner.net/products/ghost-gunner https://ghostgunner.net/products/ghost-gunner
- gnicholas 8y agoI'm the person who originally posed this question, and I actually am a (former) lawyer. I think these are all good analogies, and courts would think about things like this. But neither the laws nor the judges will be uniform. The laws use different words to say slightly different things, and will have different legislative histories (the record from the officials who voted them into law). Some judges will look to the actual words to interpret the law, and others will look to the legislative history. Still others might desire a "living Constitution" approach — applying the laws in a way that they think makes sense in today's world. Considering the dozens of laws and thousands of judges that could opine, there will likely be considerable uncertainty in this area for years to come.
- TomMarius 8y agoIt's the person giving consent through the bot. Just like you give consent through e-mail, just a little... different.
- larrik 8y ago"One party consent" is mostly to prevent your neighbors from tapping your phone. I think AI bots count in spirit.
- deleted 8y ago[deleted]
- phs318u 8y ago> What if my AI bot calls the restaurant and talks to their AI bot? I immediately visualised two physical robots attaching old-school landline handsets to acoustic couplers on their torso.
- rhizome 8y agoA bot cannot enter into a contract.
- dredmorbius 8y agoCan an incorporated bot do so?
- rhizome 8y agoA piece of software does not have an identity with which it can sign contracts.
- dredmorbius 8y agoAnd that wasn't the scenario I'd presented. If that software were incorporated, or was acting as or for a corporation, could it?
- rhizome 8y agoIn that it acts as its own agent? That it has a...thing...that qualifies as a signature? I've never heard of such a thing.