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Journal of Technology Law & Policy

Document Type

Article

Abstract

This Article explores the surprisingly apt analogy between the Burmese python problem in the Florida Everglades and abandoned objects that are controlled by artificial intelligence (AI). With few natural predators, the invasive Burmese python, which was likely introduced to the Everglades through abandonment by pet owners, has threatened native species with extinction. Objects controlled by AI, which we will likely increasingly share our environment with, such as autonomous taxis and food delivery robots, as well as a variety of objects that are used by the military, may be abandoned by their owners and continue to operate. Over time, these objects may be given increasing levels of agency and learn from their environments, making them potentially more dangerous. These objects are likely to create material losses if allowed to run amok. The Burmese python similarly has agency and has run amok.

Beyond the superficial analogy between these two paradigms, this Article provides an interesting thought journey aimed at finding a precedent to cling to when we predict and analyze a problem that hasn’t fully emerged but is likely on the horizon. Borrowing frameworks from other areas of law when writing atop a blank slate is a time-honored tradition in American law. What is old can be new again, and we have seen—and wrestled with—the essence of this problem before. Unfortunately, we seem to be fighting a losing battle against the pythons in the Everglades. Hopefully, creative solutions, technology and the dedication of resources will cause the tide to turn. Sounding the alarm now about autonomous AI objects can help us predict problems in advance and create mechanisms for the mitigation of losses and ultimate redress when harm occurs, unlike the situation in the Everglades.

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