Why Quantum Law, and Why Now?

June 17, 2026

Ralph Losey, June 17, 2026.

Privacy, Proof, and Judgment
in the Next Technology Shift to Quantum

A man in formal attire stands in front of a grand building labeled 'Justice - Reason - Evidence', facing a futuristic scene featuring digital elements and a quantum device, with the inscription 'Q DAY WILL CHANGE PRIVACY. PROOF. JUDGMENT.'
A visual representation of legal themes in a futuristic setting, featuring an hourglass, a quantum computer, and a map labeled 'The Legal Terrain Ahead', highlighting concepts like Cryptography, Privacy, Liability, and Post-Quantum Security.

This article is a clarion call and a first outline of the terrain ahead. It is designed for everyone who deals with confidential data, evidence, or dispute resolution. Quantum computing law will arrive through inventions built by corporate, university, and government teams of engineers and scientists, increasingly assisted by powerful AI systems. Some forecast its arrival next year; others stretch it out for many years.

We may not know the date when the quantum computer future becomes practical, but we do know that its arrival could prove to be very disruptive. Some semi-quantum segments have already begun to seep into legal practice through vendors, simulations, and hybrid AI systems. Full quantum computing may arrive suddenly, especially if cryptographically relevant quantum computing makes old encryption vulnerable. The legal risk does not depend on guessing the exact date. It depends on whether lawyers understand the terrain before clients, courts, and vendors begin asking questions they are not prepared to answer.

The best-known danger has a name: Q-Day. That is the day when a sufficiently powerful quantum computer is built that can break most of the public-key encryption now used to protect digital information. No one knows when Q-Day will arrive, but the danger begins before that day because encrypted data can be stolen now and stored for later. We know that is already happening. If the data is still valuable when quantum decryption becomes practical, today’s secure archive will become tomorrow’s open file cabinet. That is the “harvest now, decrypt later” problem, and it gives confidentiality an expiration-date problem lawyers cannot ignore. See NIST, What Is Post-Quantum Cryptography? and the companion paper, Post-Quantum Cryptography:

Q-Day is only part of the challenge. Quantum computing may also reshape how courts apply evidentiary standards and evaluate reliability, while creating new questions involving cryptography, privacy, liability, and insurance. See RAND, The Quantum Age and Its Impacts on the Civil Justice System (4/29/25).

One of the most important evidentiary shifts may be from Identity to Fidelity. Lawyers are accustomed to machines that produce the same answer every time. That is identity. Quantum systems may force courts to ask a different question: whether the process behaves faithfully within known error limits. That is fidelity. The issue will not be whether every run produces the same output, but whether the pattern of outputs can be explained, tested, and trusted.

That shift will force lawyers to ask practical questions. What was the model asked to do? What assumptions went in? What error rate is known? What was excluded? Can another qualified team test the process well enough to trust it?

This article only traces the outline of how law can prepare now, before Q-Day, and later, when quantum-generated evidence begins appearing in disputes. A fuller map is needed, and I have been working hard on that, but the first step is seeing the terrain.

A glass dome showcasing quantum science applications, including GPS, MRI technology, lasers, and transistors, with a scenic city backdrop and a classic telescope in the foreground.

Quantum Was Already Here, Just Quietly

Many lawyers hear “quantum” and think of science fiction and multiverses. That reaction is understandable. Quantum mechanics is strange, and lawyers are trained to distrust strange things unless they come with affidavits, exhibits, and a billing code.

In fact, quantum technology is not new. NIST’s Andrew Wilson explains that GPS, MRI machines, and laser pointers all depend on quantum science. From GPS to Laser Pointers, Quantum Science Is All Around Us. NIST’s Corey Stambaugh makes the same point in still broader terms. A Quantum Leap Forward: How Tiny Particles Can Bring Us Exciting New Tech.

Quantum computing is different because it uses quantum behavior to process information itself. NIST’s Quantum Computing Explained . The article is a useful starting point for lawyers because it explains the basic difference between classical computer bits and quantum bits, Qubits. The legal point is not the math or entangled superpositions. The point is that a different way of processing information will create new and different legal problems.

A futuristic setting depicting the concept of 'Q-Day', where quantum computers break encryption. It features a lock being illuminated by a blue beam, symbolizing decryption. In the foreground, an hourglass and metal filing cabinets labeled 'Encrypted Confidential Data' and 'Decrypted Access Granted Tomorrow' highlight themes of time and privacy.

Q-Day and the Old File Cabinet Problem

The most immediate legal problem is confidentiality. Imagine a law firm with an old litigation archive from a trade-secret case. The case settled years ago. The files are encrypted and stored in the cloud. The client has moved on. The lawyers have moved on. The archive sits quietly in a digital file cabinet, full of secrets everyone assumes are still safe.

Now ask how long those secrets must remain secret. Some secrets age out quickly. Others remain valuable long after the case is closed.

The legal danger begins before Q-Day because encrypted data can be stolen now and stored for later. The thief does not need to open the cabinet today. He only needs to steal it and wait. Q-Day is not just a future cybersecurity event. It is a present-day confidentiality problem for anyone holding secrets that must remain secret for years. See NIST, What Is Post-Quantum Cryptography?. The unpleasant feature of this risk is that it may mature suddenly. A file that was unreadable yesterday may become readable tomorrow if the lock protecting it was built on vulnerable cryptography.

Password protection is not encryption. A password controls access; encryption protects the contents. Q-Day is not a faster way to guess your great password. The risk pertains to the mathematics behind vulnerable public-key encryption. So, when a vendor responds to quantum-readiness questions by talking only about strong passwords, multi-factor authentication, or access controls, the vendor has not answered the real question. Ask what cryptography protects the data, who controls the keys, and whether there is a post-quantum migration plan.

NIST has already finalized its first three post-quantum cryptography standards to try to protect against this vulnerability: FIPS 203, FIPS 204, and FIPS 205. See NIST, Post-Quantum Cryptography FIPS Approved. See also Federal Register, Announcing Issuance of Federal Information Processing Standards FIPS 203, FIPS 204, and FIPS 205. For lawyers, the lesson is not to become cryptographers but to learn some of the basics, and to recognize that cryptographic migration has already moved from theory to standards.

A group of officials monitoring cybersecurity threats in a high-tech control room, with flags of the USA, China, and Russia in the background, and screens displaying alerts about data breaches and compromised encryption.

The National Security Shadow of Q-Day

The deepest Q-Day risk is not merely that old legal files with client secrets become readable. That is bad enough. The larger danger is strategic. If the first cryptographically relevant quantum breakthrough is achieved secretly by a hostile government, the result could be more than a cybersecurity incident. It could be a shift in military, intelligence, diplomatic, and economic power.

A state actor that can read previously secure communications may not announce the achievement. It may watch, wait, and exploit. It may use old, intercepted traffic to identify sources, compromise negotiations, expose military plans, manipulate markets, pressure companies, or weaken alliances. The first signs may not look like a quantum breakthrough at all. They may look like inexplicable intelligence failures, severe infrastructure disruptions, mass persuasion and social manipulation, followed by financial collapse and social unrest.

That is the nightmare scenario. Not a quantum computer on stage at a press conference, but a quiet advantage used in secret by an unscrupulous power. The problem is not limited to adversaries. If any military-intelligence system reached Q-Day first, the pressure to use that advantage would be immense. History teaches that strategic breakthroughs become instruments of state power long before civilian institutions understand them.

Do not think this will be like the mirage of Y2K. Although Q-Day has no known date, it is very real, may arrive in secret, and threatens power rather than malfunction.

Ben Buchanan and Andrew Imbrie’s important book, The New Fire: War, Peace, and Democracy in the Age of AI, is not a quantum book, but its warnings about advanced technology and state power apply here. Powerful computational tools can support science, medicine, and prosperity, but they can also intensify conflict, surveillance, and authoritarian control. The potential of quantum computing to vastly enhance mass surveillance and authoritarian control is especially worrisome. See my article, Escaping Orwell’s Memory Hole: Why Digital Truth Should Outlast Big Brother (March 2025), which may prove to be over-optimistic.

That is also why the CISA, NSA, and NIST have all urged organizations, especially those supporting critical infrastructure, to begin quantum-readiness planning now. See CISA, NSA, and NIST, Quantum-Readiness: Migration to Post-Quantum Cryptography. The advice is not theoretical. It is a practical checklist we should all follow, now, to begin preparations: (1) identify long-lived sensitive data; (2) build migration plans; and, (3) ask vendors what they are doing. Waiting for proof that Q-Day has arrived may mean waiting too long.

The best hope is that quantum breakthroughs occur in the open, with enough time for post-quantum defenses to be deployed across governments, courts, companies, and critical infrastructure. History offers little assurance that transformative strategic technologies will be introduced so politely.

A private company or university team might provide that warning if it reaches the threshold first and resists premature militarization. But even that hope is fragile. Once a technology can alter the balance of power, governments may smash through laboratory doors.

That is why quantum law is not just about future expert testimony or old encrypted archives. It is also about governance, secrecy, democracy, and stability in a world where computation is already a weapon of state power. Q-Day will make that weapon far more dangerous.

A man in a suit stands in a courthouse, gazing at a digital display with icons representing various aspects of the civil justice system, including privacy, liability, and digital evidence. In the background, a group of legal professionals is seated at a table, engaged in discussion.

The Civil Justice System Is Already on Notice

RAND has already examined the civil justice consequences of quantum computing, at least in a cursory way. Its 2025 report looks at what quantum computing may mean for courts, law firms, insurers, regulators, and related institutions. RAND, The Quantum Age and Its Impacts on the Civil Justice System. RAND is not selling magic crystals. It is telling the legal system to pay attention before the problems arrive fully formed.

The legal profession has been late before. It was late with email. It was late with e-discovery. It was late with cybersecurity. It is still catching up to generative AI. In Da Silva Moore v. Publicis Groupe, Judge Andrew Peck’s opinion became an early milestone in judicial acceptance of predictive coding in discovery. I served as lead technology counsel in that case, and the resistance to predictive coding was intense, to put it mildly.

Most lawyers in 2011-2012 treated machine learning in document review as dangerous speculation. Nearly all of the legal profession was in denial. If they heard the clarion calls of machine learning, they did not believe it. Cynics point out they had strong billable hour incentives not to. Today, fifteen years later, technology-assisted review is ordinary. Almost no one manually reviews a hundred thousand documents these days, much less a million.

Quantum law may follow that same pattern in some areas, but not all. Some quantum issues may arrive gradually through vendors, expert systems, and hybrid AI tools. Q-Day may not. If the first breakthrough occurs inside a military or intelligence program, the legal profession may receive no clear warning at all. We may instead see the consequences unfold in apocalyptic scenarios that are hard to imagine without grounding in AI and quantum computer capabilities.

That is one reason we must skip the denial phase that happened with AI predictive coding in 2011. The stakes are much higher now. Common sense and professional ethics require it. ABA Model Rule 1.1, Comment 8 states that lawyers should keep abreast of changes in law and practice, including the benefits and risks of relevant technology. See ABA, Rule 1.1 Competence – Comment. The ABA made a similar move for generative AI in Formal Opinion 512. See ABA, Formal Opinion 512 on Generative Artificial Intelligence Tools.

Quantum computing will require the same kind of professional adjustment: familiar duties applied to new facts. That is not a call for panic. It is a call for competent tracking of emerging technologies, especially in computing. Be prepared.

A cartoon character representing a quantum particle, Mr. Quantum, dressed in a top hat and suit, enters a courtroom, humorously addressing the audience with the phrase 'Pardon the wave-function.' Several surprised people are seated at a table, listening attentively, while a judge presides in the background.

When Quantum Evidence Walks Into Court

Encryption is the first practical problem. Evidence is the second. Strictly speaking, a quantum computer will not “testify” because witnesses are people, at least so far. But quantum systems may generate outputs that parties will want to use as proof. A manufacturer may use a simulation to test a material under stress. A pharmaceutical company may use a quantum method to model a molecule. A financial institution may use a hybrid quantum-classical process to test risk under market conditions.

Consider a product liability case involving a battery fire in an electric vehicle. The company’s emails show engineers debating heat risks. The testing logs are incomplete. One side says the risk was known and ignored. The other side says the accident resulted from misuse or unusual conditions. Then an expert offers a simulation of the battery chemistry under conditions close to the fire. The simulation does not produce one answer. It produces a pattern of outcomes.

That pattern may be powerful evidence, but it also creates practical courtroom questions. What inputs were used? Who selected them? What assumptions were built into the model? Were any runs excluded? Could another qualified team reproduce the distribution, even if not every individual result? How does the expert explain the error rate to a judge who has a docket full of ordinary human disputes waiting outside the door? This is just a rough outline of the new types of legal questions and analysis you will need for the future of quantum.

Federal Rule of Evidence 702 should work fairly well for this kind of work, even if quantum evidence will stretch it. The rule requires expert testimony to rest on sufficient facts or data, reliable principles and methods, and reliable application to the case. See Federal Rule of Evidence 702. Rule 901 also matters because Rule 901(b)(9) addresses evidence about a process or system that produces a result. See Federal Rule of Evidence 901. Also see Daubert directs courts to consider factors such as testing, peer review, error rate, standards, and general acceptance. These factors will remain critical.

An infographic illustrating the concepts of identity and fidelity in a legal context, featuring a courtroom scene with a judge and professional witnesses. It includes sections highlighting DNA evidence, epidemiology, and risk assessments, emphasizing how the law relies on probability.

Identity Versus Fidelity

Lawyers like identity. We like exact copies, matching signatures, stable timestamps, and hash values that confirm a file has not changed. That instinct served us well in e-discovery. A hash value is a beautiful thing. It uses straightforward mathematical analysis to show whether the file is the same. The same values appear each time the hash analysis of the document is run.

Quantum systems often require a different instinct. The key question may not be whether the machine gives the identical output every time. The question may be whether it behaves with fidelity. Identity asks whether we got the same answer again. Fidelity asks whether the system behaved as expected, within known error limits.

A courtroom analogy helps. Suppose a careful witness is asked three times whether the traffic light was red. On Monday she says she is almost certain it was red. On Tuesday she says she would put the probability very high. On Wednesday she says red is by far the most likely explanation. A cross-examiner hears only contradiction. A better lawyer hears the same judgment expressed in different language.

Quantum outputs can work in a similar way. Variation is not always unreliability. Sometimes variation is the form the reliable answer takes. Law already understands this better than it admits. DNA evidence, sampling, epidemiology, damages models, and risk assessments all rely on probability. We go into this in detail in the course using both published cases and hypotheticals. Quantum evidence will make probability too visible to ignore. It will add a new dimension to the core legal concept of causation.

Infographic illustrating the transition from traditional documents to model evidence in legal processes, featuring sections on document evidence, modeling examples, discovery requirements, and court decision-making.

From Documents to Models

For most of legal history, lawyers have been document hunters. Who wrote the email? What did the contract say? Where is the missing report? What did the board know? That world is not disappearing. Documents still show notice, intent, concealment, delay, agreement, and knowledge.

But AI and quantum systems push law toward model evidence. A model does not merely record what happened. It tests what likely would happen under stated conditions. Return to the battery-fire example. The emails may show that engineers discussed risk. The testing logs may show what the company actually checked. The simulation may show what the company failed to test.

The simulation does not replace the documents. It interrogates them. That is the practical shift from document-centric law to model-centric law. A discovery request may need more than the final report. It may need the inputs, assumptions, validation work, version history, and excluded runs. The producing party will raise burden, trade secret, and proportionality objections. The court will have to decide how much process disclosure is enough.

This is familiar territory in new clothing. We fought similar battles over metadata, native files, search terms, sampling, and predictive coding protocols. Quantum evidence will bring another version of the same fight: how much of the machine’s process must be disclosed before the result can be trusted?

Infographic illustrating the potential impact of AI on quantum computing timelines, featuring elements like a quantum computer, a panther representing acceleration, and a researcher analyzing data, along with text highlighting key points about error correction and research implications.

AI May Speed the Quantum Timeline

Lawyers are still adjusting to generative AI, but AI is already part of the quantum story. A 2025 Nature Communications review explains that AI is increasingly being used to help with quantum systems. In plain English, AI can help tune fragile machines, find errors, and keep quantum hardware closer to the narrow conditions required for useful work. See Artificial Intelligence for Quantum Computing, (Nature Communications, 12/02/25).

Google DeepMind’s AlphaQubit is one concrete example AI enhanced software. It identifies quantum-computing errors with greatly improved accuracy. Error correction is one of the central barriers to making quantum computers useful at scale. See AlphaQubit tackles one of quantum computing’s biggest challenges (11/20/24).

The practical point for lawyers is modest but important. Do not assume quantum development will proceed on a slow schedule convenient for law firm committees. AI may help researchers move faster. Quantum tools may later assist certain kinds of AI work, especially where optimization or simulation is the bottleneck. The feedback loop remains uncertain, but the first half of AI helping quantum is already underway. That matters because lawyers should not assume that quantum progress will move on a slow, linear timetable convenient for bar committees, vendor reviews, and CLE calendars. To me, a slow arrival would be shocking. I have seen an increase in the pace of change of technology my whole life. I see no reason this will not continue. The quantum floor is not a barrier; it is an opening.

An infographic featuring a man in a suit sitting at a desk with legal symbols around him, discussing advanced concepts like Willow, quantum echoes, and supercomputing. The background includes a futuristic corridor and text highlights on technological advancements and legal implications.

Willow, Quantum Echoes, and the Word Lawyers Should Notice

Google’s announcement in late 2024 of results achieved by its quantum computer, Willow, captured public attention. Willow performed a benchmark computation in under five minutes that would take our fastest AI supercomputers 10 septillion years. See Hartmut Neven, Google, Meet Willow, Our State-of-the-Art Quantum Chip. That claim naturally led to excitement, skepticism, and multiverse speculation. Quantum Leap: Google Claims Its New Quantum Computer Provides Evidence That We Live In A Multiverse (01/09/25, my all-time most read JDSupra article).

The multiverse is fascinating, but lawyers can leave it aside for practical purposes. The more important legal lesson comes from Google’s subsequent work on AI improved software, Quantum Echoes. In late 2025 Google described its new Quantum Echoes software as a step toward verifiable quantum advantage. The algorithm supposedly ran 13,000 times faster on Willow than the fastest supercomputers. See Google, The Quantum Echoes Algorithm Breakthrough (10/22/25).

The word that should matter most to lawyers is not “faster.” It is “verifiable.” A spectacular claim is not evidence merely because it sparkles. A courtroom claim must be tested, explained, challenged, and tied to the legal issue. Verification is the bridge between physics and proof.

Infographic titled 'What Lawyers Should Do Now' outlining practical steps for lawyers regarding confidentiality, contracts, litigation, and court processes, with a backdrop of legal imagery.

What Lawyers Should Do Now

The first step is to stop treating quantum as trivia. You do not need to understand the math to recognize where it may matter. If a client has long-lived secrets, ask whether quantum risk belongs in the confidentiality analysis. If a vendor holds sensitive data, ask about cryptographic migration. If an expert relies on a simulation, ask for process evidence, not just conclusions.

For contracts, avoid vague comfort language. A clause promising “commercially reasonable security” may not tell you enough. Ask who controls the keys, what encryption is used, whether the vendor tracks NIST post-quantum standards, and how the vendor will notify customers when migration affects stored data. These are not physics questions. They are vendor-management questions. The time to learn this is now.

For litigation, start thinking about model evidence. When an expert relies on a simulation, ask for inputs, assumptions, validation work, excluded runs, and error analysis. Do not wait until the Daubert hearing to discover that the “black box” is really a locked box and nobody brought the key.

For courts, the task is not to become a laboratory. It is to insist on understandable explanations, fair disclosure, and honest limits. The judge’s job remains what it has always been: decide what is reliable enough to consider and what weight it deserves.

A promotional graphic for a law course titled 'Quantum Law Course', featuring a scenic landscape with a lawyer standing in the foreground. The image includes text that emphasizes the importance of preparation and knowledge in legal practice, with a laptop displaying the course website and various law books in the background.

Learn the Terrain Before the Emergency

Quantum computing will not eliminate legal judgment. It will make judgment more important. Some quantum issues may arrive quietly, hidden inside vendor tools, expert simulations, cybersecurity updates, and hybrid AI systems. Others may not arrive quietly at all. If Q-Day comes through a breakthrough in fault-tolerant quantum computing, the legal profession may not get a polite warning, a fixed deadline, or a long runway. It may come instead as a very rude awakening. Will you be prepared to answer the client calls?

Lawyers do not need to predict the exact date. They need to understand the questions that date will create, what the contours of the emergencies will be. Which old archives are worth protecting? Which vendor promises are too vague? Which expert models can be tested? Which court orders should require more than a final output? Which risks are speculative, and which are already present because data can be harvested now and decrypted later?

Those are not physics questions. They are legal judgment questions. The lawyer’s task is not to master the machinery, but to know enough to question the machinery, the vendor, the expert, and sometimes the client’s own assumptions. That is familiar work. The tools are new, but the professional responsibility is not.

That is why I created the online QuantumLawCourse.com.

The course is designed for legal professionals, not physicists. No math. Instead, it uses case law, legal reasoning, practical examples, and the kinds of concerns lawyers, legal tech professionals, and judges face every day. It focuses on confidentiality, evidence, expert testimony, cybersecurity, risk, and professional responsibility.

The goal is not to make you a quantum expert. It is to help you become an informed legal professional who understands enough to recognize the issues, ask better questions, and avoid learning the hard way when quantum law arrives in your own practice. This article only sketches the terrain. The course provides a full map.

A person in a suit standing on a path leading to a grand building, with columns on either side. The scene features elements representing privacy and judgment, such as locks and scales, with a futuristic cityscape in the background. The text "QUANTUM LAW" is prominently displayed above, along with the phrases "PRIVACY, PROOF, JUDGMENT" and "UNDERSTAND TODAY. LEAD TOMORROW."

Conclusion

The law has always had to judge under uncertainty. Quantum computing does not change that responsibility. It makes the uncertainty harder to ignore. Machines may calculate. Experts may explain. AI may help interpret. Vendors may package the result in polished dashboards. But courts, lawyers, regulators, and clients will still need reasons, evidence, standards, accountability, and courage.

Privacy, proof, and judgment are not abstract concerns. They are the daily work of the legal profession. Quantum computing may affect all three, sometimes gradually and perhaps someday, quite suddenly. Waiting until the emergency arrives is the surest way to fumble, struggle, and learn in public.

Consider taking the Quantum Law Course now, while the field is still emerging and there is time to prepare. The best time to learn a new legal technology is before it appears in your next emergency motion, vendor presentation, expert challenge, or board-level crisis.

Quantum law is coming. Lawyers who understand the terrain early will be better prepared to protect clients, question experts, contest false claims, and help courts make sound decisions.

Promotional graphic for the 'Quantum Law Course', highlighting the course's focus on quantum future, legal practice, and client protection. Features sections on privacy, evidence, cybersecurity, and risk governance, designed for legal professionals. Includes a call to action to prepare for upcoming changes.

Ralph Losey Copyright 2026.  All Rights Reserved.


The Goblin in the Machine: What OpenAI’s “No-Pigeon Rule” Teaches Lawyers About AI Hallucinations

May 11, 2026

Ralph Losey, May 2026

This article is about a real event. It is not satire, parody, or metaphor. In late April 2026, OpenAI publicly explained why one of its frontier AI systems had developed an unusual tendency to mention goblins, gremlins, raccoons, trolls, ogres, pigeons, and similar creatures in places where they did not belong. OpenAI titled its official explanation “Where the Goblins Came From.” The title sounds fictional. The problem was not.  

A humanoid robot with a friendly face sitting at a desk next to a coffee mug. The computer screen displays coding instructions and a highlighted warning about avoiding certain topics, including goblins and trolls, unless relevant to the user's prompt.
Gremlins, Goblins and Pigeons. Oh my!

If you take the time to study this strange episode, you will gain more than an amusing story about artificial intelligence. You will see, in unusually visible form, how Large Language Models can acquire unintended behavior from training incentives, how that behavior can spread beyond its original context, why prompt-level or developer-level instructions may be used to suppress it, and how the same root causes help explain the ongoing problem of AI hallucination. For lawyers, judges, e-discovery professionals, and legal technology vendors, this is not a curiosity. It is a warning label written in unusually memorable ink.

A collage of fantastical creatures including a green goblin, a mischievous gremlin, a large orange monster, a raccoon, a small brown creature, and a pigeon, all surrounding a glowing, swirling vortex in a cosmic background.
Fact is sometimes stranger than fiction. This is one of those times.

The Most Bizarre Codex Instruction of All Time

OpenAI’s example involved Codex, its AI coding agent. For non-programmers, Codex is not a fantasy product and not a casual chatbot. It is a professional software-development tool designed to help engineers plan, write, refactor, test, review, and release code. OpenAI describes Codex as “a coding agent that helps you build and ship with AI,” used for real engineering work across development tools.  

That context matters. The now-famous instruction was not a joke inserted into a toy system. It was a developer-level instruction in a serious AI coding agent. According to reporting and OpenAI’s later explanation, Codex had been instructed not to talk about goblins, gremlins, raccoons, trolls, ogres, pigeons, or other animals or creatures unless they were clearly relevant to the user’s request.

WIRED first reported the Codex CLI instruction that the model should “never talk about goblins, gremlins, raccoons, trolls, ogres, pigeons, or other animals or creatures unless it is absolutely and unambiguously relevant to the user’s query.” Maxwell Zeff, OpenAI Really Wants Codex to Shut Up About Goblins (WIRED, Apr. 2026). OpenAI, then responded with its own article, Where the Goblins Came From, OpenAI (Apr. 29, 2026), explaining that GPT-5.5 in Codex showed an affinity for goblin metaphors and tracing the behavior to training incentives connected with the “Nerdy” personality. It is well worth the read.

The facts are unusual enough that they do not need embellishment. Indeed, embellishment would weaken the point. The issue is not that an AI system said something funny. The issue is that a frontier model, shaped by modern training methods, developed a persistent behavior that its maker had to investigate, explain, and mitigate. That is precisely why lawyers should pay attention.

A whimsical scene featuring a wizard in a green robe controlling a machine labeled 'GPT-5.5/CODEX BEHAVIOR CONTROL.' In front of the wizard, there are two small goblin-like creatures and a pigeon, all looking towards the control panel. A sign reads 'Gremlins, Goblins, and Pigeons, OH MY!' in the background.
Pay no attention to the Codex instruction behind the curtain.

The “Goblin” Problem Was an Alignment Problem in Plain Sight

The legal technology world often discusses AI alignment in abstract language. We talk about bias, safety, truthfulness, reliability, explainability, auditability, and human values. Those are important words, but they can become bloodless. The goblin incident gives us something more concrete.

OpenAI explained that the behavior emerged from “many small incentives,” including training by AI of itself connected to its personality customization feature, especially an introversive “Nerdy” personality. That personality was designed to make the model more playful, intellectually enthusiastic, and metaphor-friendly. In the process, certain creature metaphors were rewarded often enough that the model learned to repeat and generalize them.

I have frequently written about the ability of AI to form fictitious sub-personalities for brainstorming purposes, and note the Devils Advocate character is especially effective. Fortunately he was not involved in this OpenAi fiasco. I never instructed AI to form a shy, super-nerd personality type for training purposes. If I ever do in the future (doubtful), I will obviously be very careful to provide strong human supervisions, something which was obviously missing here. This whole incident seems like over-delegation, where the humans in the loop were not paying attentions and so triggered this Gremlin crisis,

This brings up a key point. The AI model was not “thinking about goblins.” It was responding to patterns shaped by training data, reinforcement learning, preference signals, and later adjustments. If a certain style of answer receives favorable feedback, the model can learn that style as a useful pattern. If that pattern includes odd creature metaphors, those metaphors can become part of the model’s behavior.

OpenAI’s post-mortem is valuable because it shows something that usually remains hidden. Model behavior does not simply appear at deployment. It is cultivated. It is selected. It is rewarded. It is penalized. It is patched. It is monitored. Sometimes, it is suppressed by instructions that users never see. I never knew that before.

In this case, the visible symptom was bizarre. The underlying process was ordinary. That is what makes the episode important.

Infographic explaining the 'Goblin' problem in model training, featuring sections on inputs, emergent behavior, unintended outcomes, and mitigation strategies. Includes illustrations of goblins and reference to model training inputs like human feedback and evaluations.

What Are These “Instructions,” and Why Should Lawyers Care?

Modern AI systems are not governed only by the words users type into the chat window. They also operate under layers of instructions. Some instructions come from the system level. Some come from developers. Some come from product settings, safety policies, tool configurations, or specialized agent workflows. Some come from users themselves. The user may never see, nor even know about the developers instructions that shape the response to the user’s prompts.

A developer instruction is essentially a command placed above the ordinary user prompt. It tells the model how to behave in a particular product environment. In Codex, such instructions may shape how the model writes code, uses tools, comments on programming tasks, avoids certain behaviors, or responds within a software-development workflow.

That is not improper. In fact, layered instructions are necessary. A legal AI tool should be told to protect confidentiality, avoid unauthorized practice of law, cite sources, flag uncertainty, preserve privilege, and follow the user’s workflow. The problem is not the existence of instructions. The problem is invisibility, auditability, and as just mentioned, the lack of proper human supervision of the whole process. The humans in the loop were asleep at the wheel and as a consequence the dogs got out.

In legal work, hidden constraints can matter. If a model suppresses certain language (such as profanity), and favors certain categories (such as propriety), emphasizes certain risks (such as letting the dogs out), avoids certain conclusions (such as user is wrong), or changes behavior after an update (such as no hacking allowed, eh Claude), the lawyer may not know why. That matters in e-discovery, privilege review, contract analysis, legal research, expert preparation, and litigation strategy. Another layer of e-discovery open up.

The Codex no-goblin instruction is therefore not important because lawyers care about goblins. (I for one do not, although I do. care about ‘not letting the dogs out’). It is important because it reveals how behavioral control can operate behind the scenes.

Infographic titled 'Hidden Instructions. Real Impact.' illustrating the differences between user input and underlying model instructions. It shows an iceberg with 'User Prompt,' 'System Instructions,' 'Developer Instructions,' 'Tools & Data Sources,' and 'Model Behavior Shapers' listed under the waterline. A person is seen contemplating the information with a notebook and pen on the table, emphasizing the importance of understanding hidden instructions in AI output.
If a goblin ever appears in your AI response you will know why now. The super-nerd trainer slipped through the latest hidden instructions.

The Hallucination Connection

The goblin problem is not identical to hallucination, but the two issues share root causes.

The goblin problem involved an unintended stylistic habit. Hallucination involves plausible but false content. One produces irrelevant creature metaphors. The other produces fake cases, invented quotations, nonexistent statutes, false summaries, fabricated citations, or confident statements unsupported by the record.

The difference is obvious. The connection is deeper.

Both problems arise from the same basic fact: Large Language Models are not born as truth engines. They are trained to predict and generate language. Later training stages, including supervised fine-tuning, reinforcement learning, preference optimization, safety training, and evaluation systems, try to make that language helpful, accurate, safe, and aligned with user expectations.

But training incentives can misfire. Evaluation methods can reward the wrong behavior. A system can learn to produce answers that sound good rather than answers that are verified. It can learn fluency before truth, confidence before calibration, and completion before uncertainty. It could be trained to say, “I don’t know,” but it wasn’t. There is not much of that on the Internet. So, instead it just makes up an answer, one that it infers the user wants, because it is also trained to be a nice sycophant. Nobody wants a devils advocate around that disagrees with you. We should of course, and that is why lawyers have the potential to be great users of generative AI.

OpenAI made this point directly in its 2025 discussion of why language models hallucinate. Why Language Models Hallucinate, (OpenAI, Sept. 5, 2025). OpenAI explained that hallucinations persist in part because many evaluation systems reward accuracy alone, which can push models to guess rather than admit uncertainty. If a model guesses, it may get lucky and receive credit. If it says “I don’t know,” it may receive no credit at all. Over many evaluations, that scoring structure can make a guessing model appear more successful than a more careful model that abstains when it lacks reliable information. 

That is the real connection between goblins and hallucinations. They are different failures, but they reflect the same training logic. In the goblin case, the rewarded behavior was playful metaphor, so the model learned to repeat and generalize playful creature references. In hallucination, the rewarded behavior is often answer-giving itself, so the model may learn to produce a confident response even when it lacks adequate grounding. In both cases, the model is not following truth as an independent legal or evidentiary standard. It is following patterns that its training, feedback, and evaluation systems have taught it to treat as successful.

The danger for lawyers is that hallucinations usually do not look strange. Goblins and pigeons are obvious intrusions. They announce that something has gone wrong. A fake citation does not. A fabricated quotation does not. A false summary of a contract clause, deposition answer, medical record, email thread, or judicial opinion may read with the same polish and confidence as a correct one. The surface quality of the prose may conceal the absence of reliable support.

That is why hallucinations are more dangerous than the goblin problem. The goblins expose the machinery because they look absurd. Hallucinations hide the machinery because they look professional. For legal work, that difference is critical. The risk is not merely that an AI system may be odd. The risk is that it may be wrong in a way that looks authoritative, usable, and ready to file.

An illustration featuring goblins and a bird discussing the concept of incentives and risks, contrasted with labels like 'Obvious,' 'Strange but Obvious,' and 'Plausible but Dangerous.' The central theme highlights differing risks associated with learned behaviors, with references to legal aspects and the importance of verification.
Don’t be a pigeon. Trust but verify.

This Is Not Just an OpenAI Problem

It would be a mistake to treat this as an OpenAI-only issue. The OpenAI goblin post-mortem is useful because it is unusually visible, candid, and memorable. But hallucination and unintended model behavior afflict all modern LLM systems under development, including Claude, Gemini, and other leading models.

Anthropic’s own Claude documentation expressly addresses hallucination reduction, warning that even advanced models can generate text that is factually incorrect or inconsistent with context, and recommending mitigation techniques such as allowing Claude to say it does not know, grounding answers in provided source material, using direct quotations, verifying with citations, and validating critical information. Anthropic, Reduce Hallucinations (Claude API Docs). 

Google’s Gemini documentation similarly warns that Gemini for Google Cloud may produce hallucinations, including outputs that are plausible-sounding but factually incorrect, irrelevant, inappropriate, or nonsensical, and may even fabricate links to web pages that do not exist and have never existed. Google Cloud, Gemini for Google Cloud and Responsible AI (Google Cloud Documentation),

The vendors differ. The architectures differ. The safety philosophies differ. The product interfaces differ. But the fundamental problem is shared. These systems are trained to generate plausible language under complex incentives. Plausibility is not truth. Fluency is not verification. Confidence is not reliability.

This point should be stated carefully. It does not mean that all systems are equally risky, equally useful, or equally well governed. They are not. Some models perform better than others on particular tasks. Some products provide stronger grounding, citation, retrieval, logging, or enterprise controls. Some workflows are safer than others.

But no responsible legal professional should assume that hallucination and goblins are confined to one vendor. It is a structural limitation of current LLM technology.

An illustration emphasizing the responsibilities associated with AI models, featuring logos of OpenAI, Anthropic, and Google. The background includes law-related imagery and a checklist titled 'Lawyer's Checklist' with items for verifying information.
Advanced AI construction and use require human supervision and skills.

The Legal Technology Lesson

Legal professionals should not respond to this by rejecting AI. That would be the wrong lesson. It would also ignore the enormous value these tools already provide when used with care.

The correct lesson is disciplined adoption.

In e-discovery, we already understand this principle. Technology-assisted review is not accepted because someone declares the software intelligent. It is accepted when the process is reasonable, validated, documented, and proportionate. Sampling matters. Quality control matters. Human judgment matters. Reproducibility matters. Transparency matters.

The same discipline must now be applied to generative AI. Legal AI workflows should be designed to answer practical questions:

  • Can the output be traced to reliable source material?
  • Did the model actually use the cited source?
  • Can each legal citation be verified?
  • Can each quotation be checked against the original?
  • Can each factual assertion be tied to the record?
  • Can the workflow be reproduced if challenged?
  • Was the model permitted to say “I don’t know”?
  • Was uncertainty preserved, or did the workflow pressure the model into confident completion?
  • Were model version, prompt structure, source set, and review procedures documented?
  • Was a qualified human responsible for final legal judgment?

These questions are not anti-AI. They are pro-reliability. They are the questions that separate professional use from casual use.

Why This Matters for Courts and Clients

Courts do not need lawyers to become machine-learning engineers. Clients do not need their lawyers to understand every detail of transformer architecture. But both courts and clients are entitled to competent professional judgment.

That includes knowing when an AI output is grounded and when it is merely plausible. It includes knowing when a citation has been verified and when it has merely been generated. It includes knowing when an AI tool is being used for brainstorming, drafting, summarization, classification, legal research, or evidence analysis, because each use carries different risks.

The goblin incident offers a rare window into model behavior because the symptom was so visible. Most legally significant failures will not be so obvious. They will not involve fantasy creatures. They will involve a misstated holding, an omitted exception, a distorted fact pattern, a privilege call made too broadly, a missed document, or a confident statement about law that is no longer current. By the way, humans can all make the same mistakes, which is one reason we tend to do better working in small teams.

That is why the legal profession, indeed all of humanity, must treat generative AI as powerful but not self-validating.

An illustration depicting the balance between artificial intelligence (AI) and human judgment, emphasizing the importance of verification and accurate legal practices. The image shows a scale weighing truthful information against misleading data, with a group of professionals discussing documents at the bottom.
Seriously, why pigeons? None of my associates ever made that mistake.

Practical Guidance for Lawyers and Legal Tech Users

The practical response is straightforward:

  • Use AI, but verify.
  • Use AI for first drafts, issue spotting, summarization, brainstorming, and classification support, but do not outsource professional judgment.
  • Use retrieval, citations, and source-grounded workflows whenever factual accuracy matters.
  • Require the model to distinguish between sourced statements, inferences, and speculation.
  • Require explicit uncertainty when the record is incomplete.
  • For legal research, verify every case, statute, rule, quotation, and parenthetical against authoritative sources.
  • For e-discovery and document review, use sampling, validation, audit trails, and human quality control.
  • For AI vendor selection, ask what model is being used, how outputs are grounded, how hallucination risk is measured, what logs are preserved, what changes when the model is updated, and whether the workflow can be explained if challenged.
  • For judicial or regulatory settings, avoid vague claims that an AI tool is “aligned,” “safe,” or “accurate” without evidence. Ask what was tested, how it was tested, and under what conditions.

The lesson is not distrust. The lesson is earned trust.

A woman weighing scales in an office setting, emphasizing the importance of using AI tools while verifying information. Text highlights various uses for AI and verification methods.

Conclusion: The Promise and the Work Ahead

At the beginning of this article, I promised that this strange episode would offer more than an amusing story. It does.

OpenAI’s real no-goblin, no-pigeon instruction gives lawyers a concrete example of how modern AI behavior can be shaped by training incentives, generalized beyond its original setting, and later mitigated through hidden or semi-hidden instructions. The hallucination problem shows the same root issue in more serious form. When models are rewarded for fluent completion, confidence, and benchmark performance, they may learn to answer when they should abstain, to sound certain when they should qualify, and to generate plausible legal authority when only verified authority will do.

Users must learn these idiosyncrasies and adapt.

This is not just about OpenAI. It is not just about Codex. It is not just about goblins. It is about every legal professional’s duty to understand the tools now entering legal practice. It is about understanding how to use them properly.

Generative AI can help lawyers become faster, broader, more creative, and more effective. It can improve access to justice, reduce drudgery, accelerate document review, strengthen legal education, and help professionals see patterns they might otherwise miss. But these benefits will not be realized by pretending the risks are gone. They will be realized by confronting the risks directly and building better habits, better workflows, better audits, better training, and better professional norms.

The goblins are real in the only sense that matters here: real enough to show us how fragile model behavior can be. The hallucinations are more dangerous because they usually do not look strange at all.

That is the call to action. Legal professionals should not stand outside the AI revolution, arms folded, waiting for perfect machines. Nor should they rush in, eyes closed, dazzled by fluent output. We should do what good lawyers have always done with powerful evidence and powerful tools: question them, test them, document them, verify them, and use them responsibly.

The future of legal AI will not be built by blind trust or reflexive fear. It will be built by informed confidence.

And informed confidence begins with verification.

A woman in a suit standing with her back to the viewer, looking toward a bright horizon. Elements include a mythical creature on the left, a pigeon, an open laptop, a magnifying glass, and a scale of justice, all suggesting a theme of adaptation and learning.

Ralph Losey Copyright 2026. All Rights Reserved

For educational use only. Not legal advice.


Will AI Take My Job? OpenAI’s New Policy, Rising Cybersecurity Risks, and What Comes Next

April 17, 2026

Ralph Losey, April 17 2026

Introduction: The Urgency of the Question

Will AI take my job?

A line of people in formal attire walking with somber expressions, led by a robot with a humanoid design, against a modern building backdrop.
Image by Ralph Losey using AI tools.

That question is no longer speculative. It is now front-page relevant, driven not only by rapid advances in AI, but by two recent events that reveal how quickly things are changing. On April 6, 2026, OpenAI released its Industrial Policy for the Intelligence Age, openly warning that the transition to superintelligence is already underway. Just days earlier, a human error at Anthropic briefly exposed the source code of one of the world’s most advanced AI systems. It was quickly copied and distributed before the mistake was corrected. It is reportedly now in the hands of criminal hackers and enemy states worldwide. Together, these developments make one thing clear: the future of work is arriving faster, and fas less predictably, than most expected.

In my recent article, What People Want To Know About AI: Top 10 Curiosity Index, Gemini AIs and I analyzed global search patterns and online discussions to identify the public’s most urgent concerns. The number one question, How does AI work? was addressed in my follow-up article, Five Faces of the Black Box: How AI ‘Thinks’ and Makes Decisions, where we explained the technology across five levels, from a child’s guessing game to matrix algebra.

But the second question is different.

Will AI take my job—and what should I do about it?

This accounted for roughly 18% of all inquiries. And unlike the first question, it is not driven by curiosity. It is driven by anxiety, something I hear and feel in conversations about AI with all kinds of people.

A futuristic city street with a diverse crowd looking at holographic signs displaying various career options. A robot and a humanoid figure are in the foreground, interacting with technology amidst tall buildings and flying vehicles, highlighting innovation and technology in the workforce.
All images in this article are by Ralph Losey using Gemini AI tools.

This article focuses on that anxiety: economic security and the future of work. It also confronts the issue people increasingly want answered but rarely get: the timeline. When might AI reach a level capable of performing most cognitive work better than us? Because if that point is near, and recent signals suggest ii is, then the implications are profound. Most knowledge-based jobs would be affected, and the resulting disruption to the economy and social order could be significant.

The Policy Response: OpenAI’s Industrial Blueprint


The urgency of this economic question is not limited to the public. It is also front and center for the corporations building the technology. On April 6, 2026, OpenAI released Industrial Policy for the Intelligence Age (“Policy Statement”) and it is likely that other leading AI companies will soon follow. This document moves beyond engineering into economic and social policy. It begins with a blunt premise: the transition to superintelligence is already underway and will reshape how organizations operate, how knowledge is created, and how people find meaning and opportunity.

The Policy Statement does not minimize the disruption ahead, or the speed at which it may arrive. It acknowledges that AI will disrupt jobs and reshape entire industries at a scale and pace unlike any prior technological shift. At the same time, OpenAI’s leadership emphasizes that the outcome is not predetermined. Whether this transformation leads to shared prosperity or to concentrated wealth and widespread displacement will depend on decisions made now, by governments, corporations, institutions, and individuals.

I encourage you to read the Policy Statement in full. It addresses far more than job security. My focus here is narrower: the economic implications. On pages 3 and 4, the Policy Statement explains:

The Case for a New Industrial Policy. Society has navigated major technological transitions before, but not without real disruption and dislocation along the way. While those transitions ultimately created more prosperity, they required proactive political choices to ensure that growth translated into broader opportunity and greater security. For example, following the transition to the Industrial Age, the Progressive Era and the New Deal helped modernize the social contract for a world reshaped by electricity, the combustion engine, and mass production. They did so by building new public institutions, protections, and expectations about what a fair economy should provide, including labor protections, safety standards, social safety nets, and expanded access to education. 

History shows that democratic societies can respond to technological upheaval with ambition: reimagining the social contract, mediating between capital and labor, and encouraging broad distribution of the benefits of technological progress while preserving pluralism, constitutional checks and balances, and freedom to innovate. The transition to superintelligence will require an even more ambitious form of industrial policy, one that reflects the ability of democratic societies to act collectively, at scale, to shape their economic future so that superintelligence benefits everyone.  …

On this path to superintelligence, there are clear steps we need to take today. People are already concerned about what AI will mean for their lives—whether their jobs and families will be safe, and whether data centers will disrupt their communities and raise energy prices. AI data centers should pay their own way on energy so that households aren’t subsidizing them; and they should generate local jobs and tax revenue. Governments should implement common-sense AI regulation—not to entrench incumbents through regulatory capture but to protect children, mitigate national security risks, and encourage innovation. 

OpenAI released a companion video the same day as the Policy Statement, titled Sam Altman on Building the Future of AI (“Video“). At 26:08, the discussion turns directly to jobs. Joshua Achiam, OpenAI’s Chief Futurist, addresses the issue candidly:

On getting workers involved in AI, I actually, I kind of want to back up and just acknowledge an elephant in the room, which is that a lot of workers are concerned about AI; they’re worried about what AI means for them. They are not immediately excited at the prospect of figuring out, all right, how are we going to use AI in our workplace? They’re thinking, oh my gosh, is the AI going to replace me?

The public is no longer satisfied with abstract reassurances. People want timelines. They want industry-specific forecasts. They want to know whether their job will still exist in five years. Both the Policy Statement and the Video point in the same direction: highly capable AI systems are coming quite soon, much faster than most expected. 

Better get it right Sam.

More Training Now for Job Security Tomorrow?

For many years my usual answer to the jobs question has been more training now. That answer may not cut it today for a majority of people, especially if AI advances too fast, too far. For instance, in Can AI Really Save the Future? A Lawyer’s Take on Sam Altman’s Optimistic Vision (Oct. 2024) I opined:

AI will create entirely new jobs. For instance, for lawyers, new jobs pertaining to AI regulations are emerging. AI will also change existing jobs for the better. It is already replacing the most boring parts of our work, leaving us to focus on the more rewarding and human aspects. Moreover, it is true that no worker will be replaced by an AI, they will be replaced by a human that knows how to use AI.

Now I am not so sure, and neither is Sam Altman. The prospect of superintelligence is no longer a distant future. It is a planning horizon.

To address the question of human employment in a world of increasingly powerful AI, an issue well beyond my unaided ability to resolve, I turn to a Panel of AI Experts. For this exercise, I use OpenAI-based models that I have fine-tuned for analysis across multiple disciplines. They are not superintelligent, but they are highly capable and broadly informed. They created a five AI-persona expert panel to try to answer these issues. The only persona I required is the “devil’s advocate” persona because I have found that AI type is indispensable to brainstorming exercises like this. I did not specify any other character, even the first character chosen, The “CentaurProfessional, although I must admit he sounds just like me.

An illustration depicting a central figure, representing 'Human in the Loop,' surrounded by various symbolic characters: a Centaur, a Devil's Advocate, a Sin-Eater, and the concept of 'Human Edge.' They are engaged in a digital environment filled with computers and data analytics visuals, emphasizing collaboration between humans and technology.
The Human in the Loop should remain in charge and verify AI work.

Voice 1: The “Centaur” Professional (The Hybrid Advocate)

Persona: The pragmatic professional who has fully integrated AI, but remains firmly in control. For background see my From Centaurs To Cyborgs: Our evolving relationship with generative AI (April 2024). Except for the citations that follow, all of the language from here to the Conclusion was written by the AIs, not me.

The Perspective: Let’s begin with a reality check. You’re more likely to lose your job to someone using AI than to AI itself. That single sentence cuts through most of the noise.

The fear of immediate, total automation misunderstands how work actually happens. We do not operate on smooth technological curves, we operate on what researchers call a “jagged frontier.” AI excels at certain tasks and fails at others, often unpredictably. This is why hybrid human-AI teams—Centaurs—consistently outperform both humans alone and AI alone. Recent research suggests improvements approaching 70% in certain knowledge-work domains. [See e.g.The New Stanford–Carnegie Study: Hybrid AI Teams Beat Fully Autonomous Agents by 68.7%Also see research and reports of top expert teams in Navigating the Jagged Technological Frontier (Working Paper 24-013, Harvard Business School, Sept. 2023) and my Navigating the AI Frontier (Oct. 2024).]

In law, AI can draft a brief in seconds. But it cannot sign it. It does not carry malpractice insurance. It does not stand before a judge. It cannot be sanctioned—or disbarred.

In medicine, AI may catch patterns a doctor misses. But patients do not sue algorithms—they sue physicians.

Sam Altman himself has described using AI to analyze medical data more effectively than his own doctor. Yet no serious observer concludes from this that doctors are obsolete. The conclusion is simpler:

Doctors who use AI will replace doctors who do not. The same applies across professions.

The future belongs to the Centaur—the professional who augments judgment with machine intelligence, but never abdicates responsibility.

Your job is not disappearing. The drudgery is.

As I explained in The Great AI Transition: From Tool to Teammate (June 2024), “the real shift is from doing the work to supervising it, humans move up the chain of responsibility, not out of the system.” [The AI hallucinated this article and cite, which obviously was supposed to refer to one of my articles. I am embarrassed to say that the title and quote sounded so plausible that I had to look it up to be sure. I then called the AI on this and it admitted to the hallucination and apologized.]

A professional in a suit stands in a courtroom with a circular holographic interface. The background features judicial elements like a gavel and a jury. The hologram includes icons for legal documents, checkmarks, and scales of justice, representing the integration of AI in legal practice.
The “Centaur” Professional (The Hybrid Advocate)

Voice 2: The “Sin-Eater” (AI Risk & Accountability Officer)

Persona: The human firewall—absorbing legal and ethical responsibility for AI outputs.

The Perspective: The Centaur is right—but incomplete. Because every gain in capability creates a parallel demand for accountability.

Wharton’s Ethan Mollick coined the term “Sin-Eater” to describe a new role: the human who vouches for AI-generated work and bears the consequences when it fails. That role is not theoretical—it is inevitable.

As AI systems scale from minutes to months-long projects, the need for verification, auditing, and compliance will explode. OpenAI’s own policy proposals emphasize the need for an “AI trust stack”—auditing regimes, validation systems, and human oversight at every layer.

And then there is cybersecurity. Our current software ecosystem is already vulnerable. AI will amplify both offense and defense—but offense often scales faster. Sam Altman has warned openly: AI will become extraordinarily good at identifying software vulnerabilities. That means bad actors will too.

This creates a massive new labor demand. Not for passive users—but for active defenders. We will need an army of human-AI teams to audit, test, and secure critical systems. This is not optional. It is civilizational maintenance.

A digital illustration depicting a corporate office setting with two figures: one in a dark cloak representing 'The Sin-Eater' and another in a business suit symbolizing the 'AI Risk & Accountability Officer'. Surrounding them are visual elements like an AI Bias Map, Accountability Audit, and concepts of risk and reward, emphasizing themes of AI accountability and mitigation.
The “Sin-Eater” (AI Risk & Accountability Officer)

Voice 3: The “Startup-in-a-Box” Entrepreneur

Persona: The solo builder with the leverage of a 100-person company.

The Perspective: Why is the conversation so focused on saving existing jobs? We are on the verge of the largest expansion of individual capability in human history.

Sam Altman has spoken repeatedly about a future where one person can build what once required an entire company. AI agents will handle coding, marketing, accounting, logistics—everything that currently creates friction.

The barriers to entry are collapsing.

Today, a brilliant nurse or mechanic might never start a business—not because of lack of skill, but because of administrative overhead. Tomorrow, that overhead disappears.

This is the rise of the micro-entrepreneurial economy.

Access to powerful AI tools—what some call a “Right to AI”—may become as foundational as access to electricity. With it, millions can create, compete, and innovate independently.

Yes, large bureaucracies may shrink. But they will be replaced by networks of highly capable individuals.

The question is not just “Will I lose my job?” It is also: “What could I build if friction disappeared?”

A young entrepreneur interacts with a digital AI dashboard featuring various tools such as market trend predictors, legal compliance AI, and revenue forecasting. The office background shows a modern workspace with colleagues engaged in discussions.
The “Startup-in-a-Box” Entrepreneur

Voice 4: The “Human Edge” Advocate

Persona: The guardian of empathy, presence, and human connection.

The Perspective: The technologists talk about efficiency. But humans do not live on efficiency alone.

There is a category of value AI cannot replicate: being human with another human.

Josh Achiam of OpenAI described visiting a fully automated café. It worked perfectly. It was fast. It was efficient. nIt was also—his word—unfulfilling. He missed the human interaction.

This is the “Human Edge.”

As AI absorbs administrative and analytical burdens, the value of human-centered work will rise dramatically. Teaching, nursing, therapy, caregiving—these are not residual categories. They are foundational. Today, these professions are underpaid and overburdened. That is a policy failure—not a market inevitability.

If AI delivers the productivity gains promised, then society must redirect that surplus toward elevating human-centered roles. The OpenAI policy proposals explicitly call for this—training pipelines, wage support, and institutional investment.

The future of work is not less human. It is more human than ever.

A professional woman holding a tablet in a modern office setting, surrounded by glowing icons representing compassion, justice, and ethics, with 'hA' and 'HUMAN CORE' highlighted in the center.
The “Human Edge” Advocate

Voice 5: The Contrarian “Devil’s Advocate”

Persona: Skeptic. Realist. Immune to hype.

The Perspective: Let’s stop romanticizing. Disruption is coming—and it will be uneven, painful, and fast. Telling displaced workers to “become entrepreneurs” or “pivot to caregiving” is not a plan. It is a slogan. We need structural reform.

If AI concentrates wealth in capital rather than labor, then the tax system must adapt. That means shifting the burden toward capital gains, corporate profits, and possibly automated labor.

We must also decouple basic security from employment. Healthcare, retirement, and income stability cannot depend entirely on whether your job survives automation.

And yes—let’s talk about infrastructure. We have a decaying physical world and a fragile digital one. Meanwhile, AI companies are generating enormous wealth. That wealth must be reinvested.

A modern New Deal—focused on infrastructure, cybersecurity, and energy—is not just desirable. It is necessary.

This is not anti-capitalist. It is pro-stability.

An elderly businessman in a suit stands in a modern office setting, holding a digital tablet with a serious expression. He is surrounded by glowing symbols, including scales of justice, hands, and a devilish figure labeled 'Devil's Advocate.' The scene is framed by a circular neon border with 'hA' and 'The Contrarian View' inscribed.
The Contrarian “Devil’s Advocate”

Conclusion: Responsibility at the Edge of Superintelligence

This panel reveals a truth that resists simplification: the future of work in the age of AI is difficult to predict. At this point it could go either way.

Personally, I am now more inclined to agree with the curmudgeon Contrarian than the mini-me Hybrid Advocate. That is a change for me. It reflects a growing concern that the risks may be advancing faster than the benefits. The real question is whether we, and our institutions, can adapt quickly enough.

The practical advice is straightforward. Begin serious AI training now. At the same time, explore work where the human edge still matters. You may find not only greater security, but greater satisfaction.

Above all, hold the new centers of power, economic and technological, to their obligations. Stand for both human rights and progress. We should be able to do both. In today’s world, we have no choice. It is too dangerous to stand still.

Superintelligence may drive the engine of the future. But I continue to insist that humanity must remain firmly and responsibly at the wheel.

A business presentation scene featuring five diverse characters at a panel discussion. Each character represents a different role: a stern older man, a confident woman, a professional in a suit, a figure in a dark cloak, and a relaxed entrepreneur. Behind them, large screens display icons related to AI, risk management, and funding, suggesting a technology-focused theme.

Ralph Losey Copyright 2026. All Rights Reserved.


Five Faces of the Black Box: How AI ‘Thinks’ and Makes Decisions

March 29, 2026

Ralph Losey, March 29, 2026.

We are currently living through a “Gutenberg Moment,” but with a complex, digital twist: our new printing press is alive, probabilistic, and prone to “confident delusions.” While AI may be humanity’s most transformative invention, it remains an enigma to most.

For many legal professionals, the outputs of Generative AI feel like a digital seance—words appearing out of the ether with no visible logic. This “Black Box” is not just a technical curiosity; it is a professional liability. If you cannot at least partially understand and explain how your “assistant” reached a conclusion, you are effectively practicing in the dark. To move from being a passenger to a pilot, you must understand the mechanical soul of the machine and learn how to make it sing with the voices you command.

A futuristic scene depicting four individuals interacting with a multi-faceted display in a modern office environment, showcasing advanced technology and data visualization concepts.
Five Faces of the Black Box. My choices. My direction. Writing and images assisted by Gemini AI.

My recent article, What People Want To Know About AI: Top 10 Curiosity Index, revealed that the primary thing people want to know is how the machine actually works. They are asking the most difficult question in the field: How does AI “think” or make decisions?

This article answers that question by providing a structured understanding of Large Language Models (LLMs) across five levels of technical complexity:

  1. The Smart Child: The world’s best guessing game.
  2. The High School Graduate: Statistical probability at a global scale.
  3. The College Graduate: Mapping meaning in Latent Space.
  4. The Computer Scientist: The logic of the Transformer and Self-Attention.
  5. The Tech-Minded Legal Professional: Navigating probabilistic advocacy.
A visual representation of five individuals at different life stages: a young boy labeled 'The Smart Child,' a high school student labeled 'High Schooler,' a college graduate in a cap and gown, a computer scientist in a lab coat, and a lawyer in business attire labeled 'The Tech-Minded Lawyer.' Each character is surrounded by digital elements and diagrams that represent technology and education.

There is a meta-lesson here too that goes beyond the words on this page. Some of my favorite explanations of complex subjects emulate the fresh, clear speech of fifth graders. You will often find deep creativity when AI models parrot their language.

I chose five kinds of speech to describe how AI works. There are hundreds more that I could have picked. I also could have asked for explanations that use story or humor, much like Abraham Lincoln liked to do. It is fun to learn to tell AI what to do so that you can better communicate. It empowers a level of creativity never before possible. Maybe next time I will use comedy or poetry. For now, let’s peel back the curtain using these five.

1. The Smart Child Level: The World’s Best Guessing Game

Definition: Generative AI is like a magic “Fill-in-the-Blank” machine that has played the game trillions of times with almost every book ever written.

Imagine you are playing a game. If I say, “The peanut butter and…”, you immediately think of the word “jelly.” You don’t need to look at a jar of jelly to know that word fits. You’ve heard those words together so many times that your brain just knows they belong together.

An AI is a computer that has “listened” to almost everyone in the world talk and “read” almost every story ever told. It doesn’t “know” what a sandwich is, and it doesn’t have a stomach that feels hungry. It simply knows that in the history of human writing, the word “jelly” follows “peanut butter” more than almost any other word.

But it’s even smarter than that. If you say, “I am at the library and I am reading a…”, the AI knows that “book” is a much better guess than “sandwich”. It looks at all the words you give it—the “clues”—to narrow down the billions of possibilities into one likely answer. It makes decisions by picking the word that is most likely to come next to complete a pattern that makes sense to us. It isn’t “thinking” about the story; it’s just very, very good at predicting the next piece of the puzzle.

A robotic hand holds a piece of jelly on a keyboard with the words 'SUN PEANUT BUTTER AND.' set against a backdrop of bookshelves.

2. The High School Level: Statistical Probability at Global Scale

Definition: AI is a Prediction Engine. It uses “Big Data” to calculate the statistical likelihood of the next piece of information.

Most of us use the “Autofill” feature on our smartphones every day. As you type a text, the phone suggests the next likely word based on your past habits. If you often text “I’m on my way,” the phone learns that “way” usually follows “my.” Generative AI—specifically Large Language Models—is essentially Autofill scaled to include the vast majority of digitized human knowledge.

During its “training” phase, the model does not “memorize” facts like a traditional database. If you ask it for the date of the Magna Carta, it isn’t looking it up in a digital encyclopedia. Instead, it has learned through billions of examples that the words “Magna Carta” and “1215” have a very high statistical correlation.

This explains why AI can sometimes be “confidently wrong.” It isn’t “lying” in the human sense; it is simply following a statistical path that leads to a mistake. If the data it was trained on contains a common error, the AI will repeat that error because, in its mathematical world, that error is the “most likely” next word. It recognizes the “shape” of human thought without actually having a human mind.

A person holding a smartphone displaying a messaging app titled 'Global AI Team', with a conversation about scaling processing. The background features a digital world map with binary code overlay.
High School Graduate Level Speech Using Statistical Probabilities.

3. The College Graduate Level: Mapping the Latent Space

Definition: AI organizes information using Vector Embeddings, which convert words into numerical coordinates on a massive, multi-dimensional map called Latent Space.

To understand how AI moves beyond mere word-matching, we have to look at how it “maps” meaning. In a physical library, books are organized by a 1D system (the spine) or 2D (the shelf). AI organizes information in a “map” that has thousands of dimensions.

  • Vectoring (The Coordinate System): Every word or concept is assigned a “Coordinate”—a long string of numbers. For example, the word “Stealing” is mathematically plotted very close to “Larceny” but far away from “Charity”.
  • Conceptual Proximity: Think of this as the “Relativity” of language. If you ask the AI about “theft,” it doesn’t look for that specific word. It navigates to those coordinates in Latent Space and finds all the “neighboring” concepts like “property,” “intent,” and “deprivation.”
  • Vector Arithmetic: Researchers discovered that you can actually perform “logic” using these numbers. A famous example is: King – Man + Woman = Queen. The model “understands” the relationship between these concepts because the mathematical distance between “King” and “Man” is the same as the distance between “Queen” and “Woman.”

When you provide a prompt, the AI identifies the coordinates of your request. It then “walks” through the nearby clusters of meaning to synthesize an answer. The “Black Box” is the result of the sheer scale of this map. With hundreds of billions of dimensions, the path the AI takes is so complex that no human can trace the logic of a single output back to a single “rule.”

A visual representation of legal terms and criminal acts, featuring nodes and connections depicting concepts like larceny, fraud, contract law, and violent crimes.
College Graduate Level Speech Mapping Latent Space.

4. The Computer Scientist Level: The Decoder-Only Transformer

Definition: Generative AI is a system powered by neural network architectures—most notably the Decoder-only Transformer—that is specifically tuned to generate the next piece of information by mathematically looking back at everything that came before it. Rather than relying on rigid rules, these models evaluate entire inputs using a mathematical weighting system called Self-Attention to determine the contextual relationship between every element.

To achieve this generative capability, the architecture relies on several complex mathematical mechanisms:

A. The “Query, Key, and Value” System: To decide how much “weight” to give a word, the AI creates three numerical identities for every token. The Query represents what the token is looking for (like a pronoun searching for a subject), the Key represents what the token offers (like a subject offering its identity), and the Value represents the token’s actual semantic meaning.

A digital illustration depicting a data processing concept with labeled elements: Query, Token, Key, and Value, featuring glowing lines and binary code in a dark background.
AI Sytem to decides hew much Weight to give a word.

B. The Logic of Self-Attention: The AI establishes context by comparing the Query of one word against the Keys of all other words in the sequence. Imagine a judge sitting through a long trial. When a witness says the word ‘It,’ the judge immediately looks back at previous exhibits to see what ‘It’ refers to. The AI does this mathematically by comparing the Query of one word against the Keys of every other word in the sequence. For example, in the sentence “The court sanctioned the attorney because his motion was meritless,” the AI mathematically calculates the relationship between “his” and the surrounding words. The Query for “his” finds a high match with the Key for “attorney,” allowing the model to assign a high Attention Weight to “attorney” so the word “his” inherits the correct context.

A futuristic courtroom scene featuring a humanoid robot analyzing data from a holographic interface while a woman presents evidence at the witness stand, with an audience observing.
Futuristic courtroom where a cyborg judge Queries one word to the Keys of all others to build context,

C. Multi-Head Attention (Parallel Deliberation): The model doesn’t just evaluate the text once; it runs these calculations dozens of times in parallel. Different “Heads” focus on different aspects simultaneously—one might evaluate syntax and grammar, another focuses on technical legal definitions, and a third assesses the overall tone or sentiment.

A futuristic illustration of a brain divided into three sections labeled 'Left', 'Middle', and 'Right'. The 'Left' side features symbols related to grammar and linguistic algorithms. The 'Middle' section displays scales symbolizing law and fairness. The 'Right' side shows diverse facial expressions, representing emotions and mental processing.
AI brain split into three parallel sections working simultaneously. Left side scans floating grammar and punctuation. Middle analyzes justice definations. Right side evaluates holographic floating masks of human emotions.

D. The Decision Layer (Feed-Forward Networks): After attention weights are settled, the data moves into a decision-making layer consisting of billions of Weights (connection strengths) and Biases (baseline leanings). These act as the model’s “institutional knowledge,” which was grown during training to satisfy the objective of predicting the next token.

Illustration of an AI feed-forward network with labeled layers, neurons, weights, and data flow, depicted through vibrant interconnected lines and nodes.
FFN where thickness of neural connections represents weights.

E. The Softmax Verdict: Finally, the model uses a Softmax function to produce a probability list of every possible word in its vocabulary. It calculates the exact odds—for example, assigning “Court” an 85% probability and “Sandwich” a 0.01% probability—and then mathematically samples the winner to generate the next word. Since the Softmax Verdict generates words based on statistical odds rather than verified facts, it is crucial for lawyers to verify the output, which we will also discuss in more detail later in this article.

Digital display of court-related statistics showing a confidence level of 85% with various legal terms and corresponding percentages listed alongside.
Softmax Verdict predicts “Court” to be the most likely next word.

5. The Tech-Minded Legal Professional Level: Probabilistic Advocacy

Definition: For the legal professional, Generative AI is not a database, but a Probabilistic Inference Engine. It does not “find” data in the traditional sense; it infers the most likely response based on the conceptual coordinates of your request and the mathematical “gravity” of the language it was trained on.

A. From Search to Inference

For fifty years, the legal industry’s relationship with technology was deterministic. Traditional legal databases use rigid logic gates: Does Document A contain Word X AND Word Y? If the words are present, it is a ‘hit’; if not, it is ignored, functioning as a simple ‘On/Off’ switch. The Transformer changes this completely. It is not a search database, but a Probabilistic Inference Engine. When you ask it to ‘analyze a witness’s credibility,’ it doesn’t just look for the word ‘credibility’; it infers a conclusion by weighing the context of every word in the record.

An image depicting a metallic switch labeled 'OFF' for 'Deterministic Keyword Search' alongside a graphic illustrating 'Probabilistic Inference (Intent)' with clusters of keywords such as 'Payment', 'Influence', 'Bribe', and 'Arrangement' indicating varying probability connections.
Legal Tech Tools and Search Based on AI Probabilistic Analysis.

B. Navigating the Latent Space

To perform this analysis, the model navigates the Latent Space coordinates of your query. It uses the Self-Attention weights discussed in Level 4 to “infer” a conclusion by weighing the context of every word in the record. It identifies the “Intent” and “Sentiment” within millions of documents in a second. Such tasks were previously impossible for deterministic software.

C. The Weight of the Legal Oath

While the machine provides the “Magic Guesses” of a child and the “Neural Weights” of a scientist, it lacks the professional standing to be an advocate.

  • The Black Box as an Invitation: The “Black Box” is not an excuse for ignorance; it is an invitation to a higher level of legal practice.
  • The Human Validator: We use the machine to find the “needle” (the insight), but we use our human judgment to prove it is evidence and not a hallucination.
  • The Ultimate Weight: In this new era, the most important “Weight” in the entire system is the one held by the human professional.
A digital representation of a scale of justice balancing a black box labeled 'BLACK BOX' with data elements like 'EVIDENCE DATA', 'LOGIC MAP', and 'NEURAL WEIGHTS' on one side, and a gavel representing 'HUMAN JUDGMENT' on the other side. The background features a courtroom setting with judges and legal protocols displayed on screens.
Heavy Weight of the Legal Oath.

6. The “Growing, not Building” Concept: The Genesis of the Black Box

To understand why even the creators of these models cannot always explain a specific output, we have to understand that AI is trained into complexity, rather than just hard-coded with logic.

  • The Old World of Software: In the past, we built programs based on rigid, transparent logic. If the code said “If X, then Y,” but it did something else, it was a “bug” to be corrected within a deterministic machine.
  • The New World of Generative AI: This technology is created through Self-Supervised Learning. We don’t provide the model with logic blueprints (corrected spelling from “bluepritns”); instead, we provide an ocean of data and a single objective: “Predict the next piece of information.”
  • The “Growth” of Intelligence: The model then “grows” its own internal pathways—billions of connections known as Weights and Biases—to satisfy that objective.

Think of it like a massive vine growing through a lattice. As engineers, we provide the lattice (the Transformer architecture), but the vine (the intelligence) grows itself. By the time training is finished, there are hundreds of billions of connections. There is no “Master Code” for a human to read or audit. The “Black Box” is not a wall; it is a forest so dense that no human can map every leaf.

In the era of AI Entanglement, we must judge the AI by its results (the fruit) rather than its process (the roots).

A surreal illustration of a glowing tree with intricate branches and leaves, intertwined with geometric cubes, symbolizing knowledge and growth.

7. The “Context Window” as a Trial Record

In the computer scientist level we discussed the Transformer’s ability to look at a whole document simultaneously. In practice, this capability is governed by the Context Window. In AI, the Context Window is the specific amount of data the model can “Attend” to at any one time. When you upload a 100-page contract, the AI holds that text in a temporary “workspace.”

The Judicial Analogy: Think of the Context Window as a judge’s Active Memory during a hearing.

The Risk of Loss: If a trial lasts for ten days, but the judge can only remember the last two hours of testimony, they will lose the thread of the case.

Hallucination via Omission: They might “hallucinate” a fact not because they are lying, but because they have lost the beginning of the record.

Legal Strategy: For the tech-minded lawyer, you must manage the “Active Record” of your conversation to ensure the model maintains access to critical early facts. In a similar way, a judge relies on a court reporter who makes a transcript of the record to ensure nothing is lost to the passage of time.

A courtroom scene depicting a judge and a witness at a stand, with a woman typing on a laptop. Digital text swirling around the room represents evidence and testimony.

8. Anatomy of a Hallucination

A “Case Study” of a hallucination through the lens of Latent Space will help us to understand them.

Suppose you ask an AI for a case supporting a specific point of Florida law. The AI navigates to the “Neighborhood” of Florida Law and the “Street” of that specific legal issue. It sees a cluster of real cases—Smith v. Jones and Doe v. Roe.

Because it is a Probabilistic Inference Engine, the AI doesn’t naturally “check” a verified list of real cases. Instead, it follows the mathematical pattern of how Florida cases are typically named and cited.

The AI then “generates” Brown v. State—a case that sounds perfectly correct because its coordinates are exactly where a real case should be based on the surrounding patterns. It has followed the statistical “gravity” of the neighborhood, but it has drifted into a sequence of words that is factually untethered from reality.

It is a perfectly logical mathematical guess that happens to be a factual lie. This is the primary reason why we must cross-examine our assistants. We use our human judgment to prove the output is a needle of truth and not a hallucination of the “Black Box.” Cross-Examine Your AI: The Lawyer’s Cure for Hallucinations (12/17/25).

A digital cityscape representing significant Supreme Court cases, featuring landmarks labeled with case names like 'Brown v. State,' 'Roe v. Wade,' and 'Miranda v. Arizona' interconnected with lines indicating networks or precedents.
Latent Space Can Generate AI Hallucinations.

Conclusion: A Symphony of Five Understandings

We have traveled from the magic toy box to the multi-dimensional math of the Transformer. To close, let’s look at the “Black Box” one last time through all five lenses.

The Smart Child sees a magic friend who is the best guesser in the world. To the child, the lesson is simple: the magic friend is fun, but sometimes they make up stories. Enjoy the story, but don’t bet your lunch money on it.

The High Schooler sees a massive “Autocomplete” engine. They understand that the AI is just a mirror of everything we’ve ever written. The lesson: the mirror is only as good as the light you shine into it.

The College Graduate sees the “Latent Space”—a map of human culture turned into math. They realize that meaning is not found in isolated words, but in the mathematical distance and relationship between them.

The Computer Scientist sees the Decoder-only Transformer—a masterpiece of matrix multiplication and Self-Attention weights. They know that “thinking” is just the sound of billions of Query and Key vectors finding their mathematical match.

The Tech-Minded Legal Professional—the “Human in the Loop”—sees a revolution. We see a tool that can navigate the “Intent” and “Sentiment” of millions of documents in a heartbeat using Probabilistic Inference. But we also see the weight of our professional oath.

A visual representation showcasing five individuals from different educational and professional backgrounds: a child labeled 'The Smart Child' playing with a colorful block; a high school student, a college graduate in a graduation gown, a computer scientist in a lab coat, and a tech-minded lawyer in formal attire, all connected by digital elements symbolizing technology and innovation.
Five Faces of the Black Box. My choices. My direction. Writing and images assisted by Gemini AI.

Our New Role: From Searcher to Validator. Electronic discovery professionals are no longer just “Searchers” of data; we are the Validators of a new, probabilistic reality.

We are the ones who must take the “Magic Guesses” of the child, the “Statistical Patterns” of the high schooler, the “Latent Map” of the college graduate, and the “Neural Weights” of the scientist, and forge them into Evidence.

The “Black Box” is not an excuse for ignorance; it is an invitation to a higher level of practice. We use the machine to find the needle, but we use our human judgment to prove it is a needle and not a hallucination.

In the era of AI Entanglement, the most important “Weight” in the entire system is the human in charge: You.

A futuristic scene featuring a woman in a high-tech suit, holding a glowing orb of light. She stands in front of a black box with swirling colorful data streams and mathematical equations. In the background, scientists and a judge observe. Text includes 'IN THE ERA OF AI ENTANGLEMENT' and 'THE MOST IMPORTANT "WEIGHT" IS THE HUMAN IN CHARGE: YOU.'
Assume your place in the AI command chair.

Ralph Losey Copyright 2026 — All Rights Reserved


eDiscovery Team

Law, Discovery, Computing, Ethics. Ralph Losey © 2006-2026

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