Josh Fairfield
@joshfairfield.bsky.social
220 followers 120 following 64 posts
Legal scholar, tech law nerd, reluctant futurist AI, crypto, digital property & community Prof @ W&L | Author | Testifies sometimes | Consultant Book 3 on the way. Author alignment: Lawful Thoughtful https://joshfairfield.com/
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joshfairfield.bsky.social
OpenAI says “Temporary Chat” doesn’t store your chats.
A federal court says they must.
So either they’re violating a court order…
Or they’re gaslighting users.
Privacy theater is not privacy.
#privacytheater #fairfieldonprivacy #ailaw #openai
joshfairfield.bsky.social
The predictions for entry-level hiring in almost every industry are dire...except law. AI misfires and misjudges legal relevance. Entry-level legal roles now mean verifying, cross-checking, and stress-testing AI’s work. AI is going to make these jobs essential.
#AIandLaw #LegalTech #FutureOfWork
joshfairfield.bsky.social
ProPublica just exposed the VA using AI to cancel contracts based on the prompt: “munchable.”

Yes, really.

-$3k services flagged as $34m waste
-No legal standards applied
-AI doesn't reason, it predicts, then it scales

In theory, AI can do the job.
In practice, it doesn’t know what the job is.
joshfairfield.bsky.social
Law doesn’t move forward without brainstorming; every case has something new.

New analysis shows the use of AI cuts the uniqueness and originality of ideas by up to 94% in brainstorming.

In law, that’s not a bug, that’s a fatal flaw.

#futureoflaw #creativitycrisis #legaleducation #AIandlaw
joshfairfield.bsky.social
AI handling lawsuits sounds efficient, until your case doesn’t fit the script. Legal disputes need humans who can adapt, not glitch. Sure, a human might get things wrong, but a human won’t forget they're in traffic court and start spouting off about white genocide. #ailaw
In depth: 'World’s first AI law firm' targets high street practices
Garfield Law, a pioneering firm providing legal services through AI, has been approved by the SRA. The founders, a City lawyer and a quantum physicist, are targeting LiPs and high street firms
tinyurl.com
joshfairfield.bsky.social
In Ultra Processed People, there’s this line:
“Most UPF is not food, Chris. It’s an industrially produced edible substance.”
This is AI-generated “speech.”
It’s not speech. It’s a processed word product.
Know what we’re doing about UPF additives right now?
Regulating them.
tinyurl.com/y2fv6966
Are Character AI’s chatbots protected speech? One court isn’t sure
A judge is “not prepared” to say companion chatbots should receive First Amendment protection.
www.theverge.com
joshfairfield.bsky.social
A decade with no state AI regulation.

That’s not a delay; it’s a decision.

A decision allowing deepfakes. Fraud scaling at pace. Your data, your face, your work as free fuel.

This should be the loudest conversation in the country.
Why isn’t it?

bit.ly/4kpQ53o

#AIRegulation #ReconciliationBill
GOP sneaks decade-long AI regulation ban into spending bill
Sweeping provision would halt all local oversight of AI by US states.
bit.ly
joshfairfield.bsky.social
This was a great collaboration with you @amandareillyinnz.bsky.social.

AI will do as it’s trained. If that is to squeeze more profit from workers at the cost of their health, it will. But if we train it to benefit the people whose life experiences make it work, then we will have AI for good.
Reposted by Josh Fairfield
joshfairfield.bsky.social
This is going to end exactly like the google “glassholes” debacle. The crazy part is that we accept a degree of surveillance from smartphones in our own pockets that we would never accept from a surveillance device on someone else’s face.
joshfairfield.bsky.social
If I’d done sketchy things on the blockchain, I’d be nervous right now.

Pseudonymity is eroding. With AI and just a terabyte hard drive, tracing transactions is suddenly within reach, not just for govts, but for the public. Who’s digging into this? Let’s talk.

#BlockchainForensics #Chainanalysis
joshfairfield.bsky.social
In 2015, Erik Luna and I wrote about Digital Innocence; how social media data was being used to convict people, but rarely to exonerate them.

It’s 2025.

If courts let AI help prosecute, they must also allow it to help defend.

We need to talk about *Algorithmic Innocence*.

#DigitalEvidence
joshfairfield.bsky.social
Again with Signal. In case any one person in particular missed this and could benefit from it:

bsky.app/profile/josh...

#OPSECFail #SignalApp #Privacy #encryptedmessaging
joshfairfield.bsky.social
From the “shouldn't have to say this, but here we are” dept:

Here is how to use Signal (more) safely. Or, less recklessly. Thread ⬇️
#signal #privacy #encryptedmessaging #fairfieldexplains
joshfairfield.bsky.social
Great quote from @profhilaryallen.bsky.social on blockchain regulation (or, really, lack of meaningful rules of the road):

"Unicorns with a side of regulatory arbitrage"
Reposted by Josh Fairfield
amandareillyinnz.bsky.social
Essay I wrote with @joshfairfield.bsky.social for a excellent union (the PSA) project on AI for good has now been published. www.psa.org.nz/resources/pr.... I enjoyed being on a panel to launch this today &
I am quite pleased they kept the Butlerian Jihad reference in (at p 8)
Progressive Thinking
Bringing together some of Aotearoa New Zealand's brightest minds to share their perspective on pressing issues.
www.psa.org.nz
joshfairfield.bsky.social
"How could this happen?" Say the people who trained the AI to make this happen. The deniability is the point.
joshfairfield.bsky.social
Gives new and bleak meaning to "dehumanizing", doesn't it.
joshfairfield.bsky.social
It's not worth it. The damage to people is real and the system won't even create the savings they're training the AI to try to find.
joshfairfield.bsky.social
4/4 ...then it will find every opportunity to eliminate the benefit, even where it is wrong. AI hallucinates. When the hidden optimization goal is reducing costs, AI hallucinates that people are abusing the system when they are not.
joshfairfield.bsky.social
3/4 What's going wrong? The answer is hidden optimization goals. If an AI is told to make sure everyone who is eligible for a benefit gets it, it will do that. If it is told to kick everyone off of a benefit that it can, it will do that. If an AI has the hidden optimization goal of reducing costs...
joshfairfield.bsky.social
1/4 This has worked out very badly for the UK, when they tried to hand over deciding who gets benefits or who should be sanctioned to AI. AI refused needed benefits to thousands of people who had no recourse in some cases, and showed bias in others. Example: www.theguardian.com/society/2024...
Revealed: bias found in AI system used to detect UK benefits fraud
Exclusive: Age, disability, marital status and nationality influence decisions to investigate claims, prompting fears of ‘hurt first, fix later’ approach
www.theguardian.com
joshfairfield.bsky.social
Overheard: "Someone's belief that a job can be effectively replaced by AI is directly proportional to the distance of that person from the job."

Developers think the CEO's job could be automated. CEOs think the sales jobs can be automated. The real answer is AI must facilitate human innovation.