I recently had the pleasure of attending the XBIZ Show in Hollywood, California, rubbing elbows with some of the greatest minds and entrepreneurs in the adult industry today. While I had the honor of being a speaker on some of the incredible workshop and seminars panels, I was equally a student to other speakers and audience members. Artificial intelligence (AI) was a popular topic of discussion and hearing it approached from many different angles motivated me to choose the subject of this article.
It surprised me how many people admitted that they had used ChatGPT or similar services either to draft legal documents or to provide legal advice. “Surprised” is probably an understatement of my reaction to learning about this, as “horrified” more accurately describes my emotional response.
One of the primary drawbacks of using ChatGPT and similar language models for legal advice is their inability to comprehend the context and nuances of specific legal situations.
In an age when AI is becoming increasingly sophisticated, the use of ChatGPT and similar language models has expanded into numerous domains, including legal assistance. While AI tools offer convenience and accessibility, relying on them for legal advice poses significant dangers that should not be underestimated. People working in the adult industry already navigate a complex web of legal regulations, so they must exercise extreme caution when considering AI tools like ChatGPT as a source of legal advice.
Let’s examine the potential pitfalls of depending on ChatGPT for legal guidance, and why it is so important to seek advice from qualified legal professionals.
Lack of Context and Nuance
One of the primary drawbacks of using ChatGPT and similar language models for legal advice is their inability to comprehend the context and nuances of specific legal situations. Legal matters are complex and often depend on the unique circumstances surrounding each case. ChatGPT and similar language models, being based in machine learning, lack the ability to fully grasp the subtleties of individual cases, potentially leading to inaccurate or incomplete advice.
Look no further than the adult entertainment industry, which faces legal challenges including age verification, consent, intellectual property rights, specific regulations, obscenity laws and much more. It is also one of the highest-risk businesses in the world and its operators need to remember that legal noncompliance can incur both civil and criminal penalties.
Absence of Legal Expertise
While ChatGPT and similar language models are powerful, they lack the formal legal education and experience that human lawyers possess. Legal professionals undergo years of rigorous training to understand the intricacies of the law, interpret statutes and apply legal principles to diverse scenarios. Relying solely on ChatGPT and similar language models for legal advice may result in oversimplified or misguided recommendations, as such AI tools still lack the depth of knowledge that a qualified attorney can provide. I have been practicing law in the industry for 18 years and I am still learning new things every day based on changes to the law, politics, the experiences of my clients and more. ChatGPT and similar language models cannot provide this level of legal expertise.
Ethical and Confidentiality Concerns
The exchange of information with ChatGPT and similar language models may pose ethical concerns, especially when it comes to maintaining client confidentiality. Legal matters often involve sensitive and private information, and the use of AI platforms raises questions about data security and privacy. Unlike human lawyers bound by ethical codes and attorney-client privilege, ChatGPT and similar language models cannot guarantee the same level of confidentiality.
In fact, most users of ChatGPT and similar language models naively ignore the fact that while they are using those systems to help themselves, the same systems are simultaneously collecting and using their data in ways inconceivable to many. Speaking of confidentiality concerns, whatever query or data you provide to ChatGPT and similar language models can easily be subjected to a government data request.
Lack of Accountability
In the event of errors or misunderstandings, ChatGPT and similar language models lack accountability mechanisms. Human lawyers are accountable for the advice they provide, and their professional reputation is at stake. By contrast, AI models do not carry the same responsibility, making it challenging to hold them accountable for any adverse consequences resulting from their advice. For example, while a lawyer who provides bad legal advice can be sued for professional malpractice, there is nobody to whom ChatGPT and similar language models must answer for incorrect information. If ChatGPT provides inaccurate legal advice that leads to you committing a criminal act, I can assure you that no “ChatGPT defense” will save you.
Inability to Keep Pace with Legal Updates
Legal systems are dynamic, with laws and regulations subject to frequent changes. Lawyers are continually updating their knowledge to stay abreast of legal developments. ChatGPT and similar language models, on the other hand, rely on preexisting data and may not be equipped to provide advice based on the latest legal developments. Relying on outdated information could have serious consequences for individuals seeking accurate legal guidance. As an example, new state age verification laws are currently being introduced almost weekly, so anyone relying on ChatGPT and similar language models for guidance related to these laws could end up in a very dark place.
For stakeholders in the adult entertainment industry, the allure of quick, AI-driven legal advice must be weighed against significant risks. The lack of specialized knowledge, potential for misinterpretation, privacy concerns and the dynamic nature of the industry’s legal landscape make it imperative to seek advice from qualified legal professionals, particularly those with expertise in this unique sector.
For XBIZ readers, understanding these limitations is crucial to navigate the legal complexities of the industry successfully. As AI technology like ChatGPT and similar language models evolves, it can serve as a supplementary resource offering some information and insights. However, it cannot not replace the nuanced and up-to-date advice provided by an experienced, licensed attorney specializing in adult entertainment law. In an industry where legal accuracy is paramount, the human touch remains irreplaceable.
This article does not constitute legal advice and is provided for your information only. It should not be relied upon in lieu of consultation with legal advisors in your own jurisdiction. It may not be current as the laws in this area change frequently. Transmission of the information contained in this article is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver.
Corey D. Silverstein is the managing and founding member of Silverstein Legal. His practice focuses on representing all areas of the adult industry and his clientele includes hosting companies, affiliate programs, content producers, processors, designers, developers, operators and more. He is licensed in numerous jurisdictions including Michigan, Arizona, the District of Columbia, Georgia and New York. Contact him at MyAdultAttorney.com, corey@myadultattorney.com and 248-290-0655.
