Do People Have a Right to Know When They Are Dealing with Artificial Intelligence?

We’ve all been trapped in the matrix of a company’s directory trying to find our way to a real human being. You sift through the various options, pressing 1 here and 6 there – only to get disconnected and try all over again.

In many cases, however, businesses have found a way to transcend the phone version of connecting the dots into a new world that leaves callers questioning whether or not they’re actually speaking to a human or a robot. The same goes for “live chat” options on a website – you open a link and a little text window pops up asking if you need help.

So, as a business, do you have any legal or moral obligation to your customers to be transparent about when you are using AI to communicate?

Transparency is not legally required

Legally this article could be AI. For transparency’s sake, no, this article has not been outlined, written, or checked by artificial intelligence in any way. However, it could be. There is no true legal obligation for companies to inform people that they are using AI to communicate or produce content or results for them.

We can say with relative confidence that 99% of those chat windows that pop up when you visit a website are powered by computers. You are likely to get a human at some point in the interaction if you respond, but the goal of these chat windows is to parse real leads and people who are just browsing. Once this goal is accomplished, those with genuine questions or who could potentially turn into clients will hear from a real human.

Be careful with what your contracts say

While transparency is not inherently required in this case, you could box yourself in with the language of your own contracts. Do you have any language in your contracts about how and when a client or customer can communicate with a member of your team?

If you have promised direct contact to your team but push those clients/customers to AI communication channels then you may be violating the terms of your own contracts. The time to review those contracts is today as AI opportunities are expanding every day.

Keep your AI in check

When you do implement AI, you may not need to tell users but you should consider what AI will communicate to them. Some AI systems are transparent about potential biases which could produce results that put your company in a bad light.

Members of your team should regularly test and audit any AI systems you implement to ensure the results do not cause your business any legal or moral problems. This could include questions about potential IP violations within the input or output of AI programs.

The human touch

Automating our work can be appealing. It frees up time and money to focus on other aspects of our work. But, we will never replace the true effect of the human touch. Humans have a way of communicating and connecting that robots will never truly replicate.

Legally you have no obligation to be transparent about the use of artificial intelligence, but morally it may position your company at the top of the pile if you are upfront as much as possible. Letting your clients know when they are dealing with AI vs. when they are dealing with a human could separate you from competitors who are hiding behind the veil.

Contact CLARK.LAW

When you reach out to CLARK.LAW, you will hear directly from a member of our human team. We are a data-driven firm and will always learn about new technologies when they become available, but we also pride ourselves on personalized services for our clients. Contact us today if you need to review your contract language or have legal questions related to your business and the use of AI technology.

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CLARK.LAW

At CLARK.LAW, we’ve built a different type of law firm. Our attorneys and staff have impressive educational and professional experience – but, unlike traditional law firms, we embrace modern technology to create efficient workflows and processes. Today’s business leaders should have access to high-quality legal guidance without subjecting themselves to the waste and excessive overhead that plagues traditional law firms.
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