Archetypes Over Algorithms: How an Ancient Card Set Clarifies Modern AI Risk

May 6, 2025

by Ralph Losey. May 2025

Open a 500-year-old picture deck, and you’ll find tomorrow’s AI headlines already etched into its woodcuts—deepfake robocalls, rogue drones, black-box bias. The original twenty-two “higher” cards distill human ambition and error into stark archetypes: hope, hubris, collapse. Centuries later, those same symbols pulse through the language models shaping our future. They’ve been scanned, captioned, and meme-ified into the digital bloodstream—so deeply embedded in the internet’s imagery that generative AI “recognizes” them on sight. Lay that ancient deck beside modern artificial intelligence, and, with a little human imagination, you get a shared symbolic map—one both humans and machines instinctively understand.

For a concise field guide to these themes—useful when briefing clients or students—see the much shorter companion overview: Zero to One: A Visual Guide to Understanding the Top 22 Dangers of AI (May 2025, coming soon).

Science Explains Why Visual Archetypes Stick

Cognitive‑science research shows people recall images far better than text (Shepard, Recognition Memory for Words, Sentences, and Pictures, (Journal of Verbal Learning and Verbal Behavior, 1967)), and memory improves again when facts ride inside a story (Willingham, Stories Are Easier to Remember, (American Educator, Summer 2004)). Pairing each AI danger with an evocative card therefore engages two memory channels at once, making the risks hard to forget. Kensinger, Garoff‑Eaton & Schacter, How Negative Emotion Enhances the Visual Specificity of a Memory(Journal of Cognitive Neuroscience 19(11): 1872-1887, 2007).

Start With the Symbols

A seasoned litigator might raise an eyebrow to the premise of this article, maybe speak up:

“Objection, Your Honor—playing cards in a risk memo?”

Fair objection. Two practical counters overrule it:

  1. Pictures stick. A lightning-struck tower imprints faster than § 7(b)(iii). Judges, juries, and compliance teams remember visuals long after citations blur.
  2. The corpus already knows them. LLMs train on Common Crawl, Wikipedia, and museum catalogs bursting with these images. We’re surfacing what the models already encode, not importing superstition.

Each card receives its own exhibit: an arresting antique graphic followed by the hard stuff—case law, peer-reviewed studies, regulatory filings. Symbol first, evidence next. By the end, you’ll have a 22-point checklist for spotting AI danger zones before they crash your project or your case record.

So let’s deal the deck. We start—as tradition demands—with the Zero card, The Fool, about to walk off the edge of a cliff.

0 THE FOOL – Reckless Innovation

The very first card–the zero card–traditionally depicts a carefree wanderer with a dog by his side, not looking where he is going and about to step off a cliff. In my updated image the Fool is a medieval-tech hybrid: with a mechanical parrot by his side, instead of a dog. He is still not looking where he is going, instead he gazes at his parrot and computer, and like a Fool, he is about to walk off the edge of a cliff. He does not see the plain danger directly before him because he is distracted by his tech. At least three visual cues anchor the link to reckless AI innovation:

Image DetailTarot SymbolismAI-Fear Resonance
Laptop radiating lightThe wandering Fool traditionally holds a white rose full of promise and curiosity. Today the symbol of a glowing rose is replaced by a glowing device—often today a smart phone.Powerful new models are released to the public before they’re fully safety-tested, intoxicating users with shiny capability while hiding fragile foundations.
Mechanical-looking owl in mid-flightTraditionally a small dog warns the Fool; here a techno-bird—a parrot symbolizing AI language—tries to alert him.Regulators, ethicists, and domain experts issue warnings, yet early adopters often ignore them in the rush to deploy.
Spiral galaxy & star-fieldThe cosmos suggests infinite potential and the number “0”—origin, blank slate, and boundlessness.AI’s scale and open-ended learning feel cosmic, but an unbounded system can spiral into unforeseen failure modes.

Why this fear is valid.

  1. Self-Driving Car Tragedy (2018): In March 2018, Uber’s rush to test autonomous vehicles on public roads led to the first pedestrian fatality caused by a self-driving car. An Uber SUV operating in autonomous mode struck and killed a woman in Arizona, underscoring how pushing AI technology without adequate safeguards can have deadly consequences. ​web.archive.org. (Investigators later found the car’s detection software had been tuned too laxly and the human safety driver was inattentive, a combination of human and AI recklessness.)
  2. Hype blinds professionals: All lawyers know this only too well. In Mata v. Avianca (S.D.N.Y. 2023) two lawyers relied on ChatGPT-generated case law that didn’t exist and were sanctioned under Rule 11. Their “false perception that this website could not possibly fabricate cases” is the very essence of a Fool’s step into thin air. Justia Law
  3. Microsoft’s Tay Chatbot (2016): Microsoft launched “Tay” – an experimental AI chatbot on Twitter – with minimal content filtering. Within 16 hours, trolls had taught Tay to spew racist and toxic tweets, forcing Microsoft to shut it down in a PR fiasco. ​en.wikipedia.org. This debacle demonstrated the dangers of deploying AI in the wild without sufficient constraints or foresight – the bot learned recklessly from the internet’s worst behaviors, an embarrassing example of innovation without due caution.

Legal-practice takeaway

The Fool reminds lawyers—and, frankly, every technophile—that curiosity without guardrails equals liability. Treat each dazzling new AI tool like the cliff’s edge: run pilot tests, demand explainability, and keep a seasoned “owl” (domain expert, ethicist, or regulator) in the loop.

As I noted in my April 2025 article, “AI is like a power tool: dangerous in the wrong hands, powerful in the right ones.Afraid of AI? Learn the Seven Cardinal Dangers and How to Stay Safe. The Fool recklessly opens pandora’s box and hopes the scientist-magicians can control the dangers released. If they do the entrepreneurs return for the money.

Quick Sidebar

Why the Legal Profession Should Care About The AI Fear Images. Before we see the next AI Fear cards, let’s pause for a second to consider why lawyers should care. Pew (2023) reports that 52% of Americans are more worried than excited about AI—up 15 points in two years. The 2024 ABA Tech Survey mirrors that unease: adoption is soaring, but so are concerns over competence, confidentiality, and sanctions. Visual archetypes cut through that fog, turning ambient anxiety into a concrete due-diligence checklist.

Metaphor is legal currency. We already speak of Trojan-Horse malware, Sword-and-Shield doctrine, Jackson’s constitutional firewall. This 500-year-old deck is simply another scaffold—one that LLMs and pop culture already know by heart. All I did was make minor tweaks to the details of the archetypal images so they would better explain the risks of AI.

About the Original Cards. The first set of arcana image cards originated in northern Italy around 1450. It was the 78-card “Trionfi” pack and blended medieval Christian allegory with secular courtly life. Twenty-two of the seventy-eight cards, known as the Higher or Major Arcana, were pure image cards with no numbered suits. They were sometimes known as the “trump cards” and contain images now deeply engrained in our culture, such as the Fool. Because modern large-language models scrape everything, the Tarot symbols are now part of all AI training. Using them here is not mysticism; it is pedagogy. The images have inner resonance with our unconscious, which helps us to understand rationally the dangers of A. The images also provide effective mnemonic hooks to remember and quickly explain the basic risks of artificial intelligence.

I designed and created the arcana trump card images with these purposes in mind. We need to see and understand the dangers to avoid them.

Now back to the cards. After The Fool comes card number one, The Magician, the maker of AI. As Sci-Fi writer Arthur C. Clarke said: “Any sufficiently advanced technology is indistinguishable from magic.”

I THE MAGICIAN — AI Takeover (AGI, Singularity)

Image DetailClassic MeaningAI-Fear Translation
Lemniscate (∞) over the Magician’s headUnlimited potential, mastery of the elementsRun-away scaling toward frontier models that may exceed human control, the core “alignment” nightmare flagged in the 2023 Bletchley Declaration on AI Safety. GOV.UK
Sword raised, sparkingWillpower cutting through illusionCode that can rewrite itself or weaponise itself faster than policy can react—a reminder of the Future-of-Life “Pause Giant AI Experiments” letter. Future of Life Institute
Four techno-artefacts on the table — brain, data-core, robotic hand, glowing wandThe four suits (mind, material, action, spirit) at the Magician’s commandSymbolise cognition, data, embodiment and algorithmic agency, together forming a self-sufficient AGI stack—no humans required.

Why the fear is valid.

  1. Expert Warnings of Existential Risk (2023): Geoffrey Hinton – dubbed the “Godfather of AI” – quit Google in 2023 to warn that advanced AI could outsmart humanity. He cautioned that future AI systems might become “more intelligent than humans” and be exploited by bad actors, creating “very effective spambots” or other uncontrollable agents that could manipulate or even threaten society​theguardian.com. Hinton’s alarm, echoed by many AI experts, highlights real fears that an AGI might eventually act beyond human control or in its own interests.
  2. Calls for Regulation to Prevent Takeover (2023): Concern over an AGI scenario grew so widespread that in March 2023 over a thousand tech leaders (including Elon Musk) signed an open letter urging a pause on “giant AI experiments.” And in May 2023, OpenAI’s CEO Sam Altman testified to the U.S. Senate that AI could “cause significant harm” if misaligned, effectively asking for AI oversight laws. These unprecedented pleas by industry for regulation show that even AI’s creators fear a runaway-“magician” scenario if we don’t proactively bind advanced AI to human values (Marcus & Moss, New Yorker, 2023).

Practice takeaway for lawyers. Draft AI-related contracts with escalation clauses that trigger if a vendor’s model crosses certain autonomy or dual-use thresholds. In other words: keep a human hand on the wand.

II THE HIGH PRIESTESS — Black-Box AI (Opacity)

Image DetailClassic MeaningAI-Fear Translation
Veiled figure between pillars labelled “INPUT” and “OUTPUT”Hidden knowledge; threshold of mysteryProprietary models (COMPAS, GPT, etc.) that reveal data in… logic out… but conceal the reasoning in between.
Tablet etched with a micro-chipThe Torah of secret wisdomSource code and training data guarded by trade-secret law—unreadable to courts, auditors, or affected citizens.
Circuit-board pillarsBoaz & Jachin guarding the templeTechnical guardrails that should offer stability yet currently create a fortress against discovery requests.

Why the fear is valid.

  1. Biased Sentencing Algorithm (2016): The COMPAS risk scoring algorithm, used in U.S. courts to guide sentencing and bail, was revealed to be a black-box system with significant racial bias. A 2016 investigative study found Black defendants were almost twice as likely as whites to be falsely labeled high-risk by COMPAS, ​en.wikipedia.org – yet defendants could not challenge these scores because the model’s workings are proprietary. This lack of transparency in a high-stakes decision system sparked an outcry and calls for “explainable AI” in criminal justice.
  2. IBM Watson’s Oncology Recommendations (2018): IBM’s Watson for Oncology was intended to help doctors plan cancer treatments, but doctors grew concerned when Watson began giving inappropriate, even unsafe, recommendations. It later emerged Watson’s training was based on hypothetical data, and its decision process was largely opaque. In 2018, internal documents leaked that Watson had recommended erroneous cancer treatments for real patients, alarming oncologists (Ross & Swetlitz, STAT, 2018). The project was scaled back, illustrating how a “black box” AI in medicine can erode trust when its reasoning – and errors – aren’t transparent.

Practice takeaway. When an AI system influences liberty, employment, or credit, demand discoverability and model interpretability—your client’s constitutional rights may hinge on it. This is not as easy it you might think in some matters, especially if generative AI is involved. See: Dario Amodei, The Urgency of Interpretability (April 2025) (CEO of Anthropic essay) (“People outside the field are often surprised and alarmed to learn that we do not understand how our own AI creations work.”)

III THE EMPRESS — Environmental Damage

Image DetailClassic MeaningAI-Fear Translation
Empress cradling EarthNurture, fertilityThe planet itself becoming collateral damage from GPU farms guzzling megawatts and water.
Vines encircling a stone-and-silicon throneAbundant natureA visual oxymoron: organic life entwined with hard infrastructure—data-centres springing up on fertile farmland.
Open ledger on her lapCreative planningESG reports and carbon disclosures that many AI companies have yet to publish.

Why the fear is valid

  1. Carbon Footprint of AI Training (2019): Researchers have documented that training large AI models consumes astonishing amounts of energy. Newer models like GPT-3 (175 billion parameters) were estimated to produce 500+ tons of CO₂ during training. ​news.climate.columbia.edu. A 2023 study estimates that training GPT‑4 emitted 1 500 t of CO₂e—triple earlier GPT‑3 estimates—while serving millions of queries daily now outstrips training emissions. Luccioni andHernandez-Garcia, Counting Carbon: A Survey of Factors Influencing the Emissions of Machine Learning ( arXiv:2302.08476v1, 2023). The heavy carbon footprint from data-center power usage has raised serious concerns about AI’s impact on climate change.
  2. Soaring Energy and Water Use for AI (2023): As AI deployment grows, its operational demands are also straining resources. Running big models (“inference”) can even outweigh training – e.g. serving millions of ChatGPT queries daily requires massive always-on computing. ​Renée Cho, AI’s Growing Carbon Footprint (News from the Columbia Climate School, 2023).
  3. Microsoft researchers reported that a single conversation with an AI like ChatGPT can use 100× more energy than a Google search. Id. and Rijmenam, Building a Greener Future: The Importance of Sustainable AI (The Digital Speaker, 2023). Cooling these server farms also guzzles water – recent studies estimate large data centers consume millions of gallons, contributing to water scarcity in some regions. In short, AI’s resource appetite is creating environmental costs that tech companies and regulators are now scrambling to mitigate. There are several promising projects now underway.

Practice takeaway. Insist on carbon-cost clauses and lifecycle assessments in AI procurement contracts; greenwashing is the new securities-fraud lawsuit waiting to happen.

IV THE EMPEROR — Mass Surveillance

Image DetailClassic MeaningAI-Fear Translation
Imperial eye above a data-throneOmniscient authorityThe panopticon made cheap by ubiquitous cameras plus cheap vision models.
Screens of silhouetted people flanking the throneSubjects of the realmReal-time facial recognition grids tracking citizens, protesters, or consumers.
Scepter & globe etched with circuitsConsolidated power, rule of lawData monopolies coupled with government partnerships—whoever wields the dataset rules the realm.

Why the fear is valid.

  1. Clearview AI and Facial Recognition (2019–2020): The startup Clearview AI built a facial recognition tool by scraping billions of images from social media without consent, then sold it to law enforcement. Police could identify virtually anyone from a single photo – a power civil liberties groups called a “nightmare scenario” for privacy. When this came to light, it triggered public outrage, lawsuits, and regulatory scrutiny for Clearview’s mass surveillance practices​file-3epyg5r1g4urtfuvwh7wjj. The incident underscored how AI can supercharge surveillance beyond what society has norms or laws for, effectively eroding anonymity in public.
  2. City Bans on Facial Recognition (2019): Fears of pervasive AI surveillance have led to legislative pushback. In May 2019, San Francisco became the first U.S. city to ban government use of facial recognition. Lawmakers cited the technology’s threats to privacy and potential abuse by authorities to monitor citizens en masse. Boston, Portland, and other cities soon passed similar bans. These actions were responses to the rapid deployment of AI surveillance tools in the absence of federal guidelines – an attempt to pump the brakes on the Emperor’s all-seeing eye until privacy protections catch up.ror’s gaze expands.

Practice takeaway. Litigators should track biometric-privacy statutes (Illinois BIPA, Washington’s HB 1220, EU AI-Act’s social-scoring ban) and prepare §1983 or GDPR claims when that single eye turns toward their clientele.

V THE HIEROPHANT — Lack of AI Ethics

Image detailClassic symbolismAI-fear translation
Mitred teacher blessing with raised handCustodian of moral doctrineWe keep asking: Who will ordain an ethical code for AI? At present, no universal creed exists.
Tablet inscribed with “01110 01100 …”Sacred textCorporate “AI principles” read great—until a CFO edits them. They’re not canon law, they’re marketing.
Two kneeling robots at an altar-benchAcolytes seeking guidanceModels depend on training data → our values; if those are warped, the disciples behave accordingly.

Why the fear is valid.

  • Google’s Ethical AI Meltdown (2020): In December 2020, Google fired Timnit Gebru, a leading AI ethics researcher, after she authored a paper on biases in large language models. The controversial ouster – Gebru said she was terminated for raising inconvenient truths – sparked an international debate about Big Tech’s commitment to ethical AI practices (or lack thereof). Many in the field saw Google’s action as prioritizing corporate interests over ethics, “shooting the messenger” instead of addressing the biases and harms she identified (Benaich & Hogarth, State of AI, 2021). This incident made clear that internal AI ethics processes at even ostensibly principled companies can fail when findings conflict with profit or PR.
  • Facebook Whistleblower on Algorithmic Harm (2021): In fall 2021, whistleblower Frances Haugen, a former Facebook employee, released internal documents showing the company’s AI algorithms amplified anger, misinformation, and harmful content – and that executives knew this but neglected to fix it. Haugen testified that Facebook’s engagement-driven algorithms lacked moral oversight, contributing to social unrest and teen mental health issues. Her disclosures led to Senate hearings and calls for an external AI ethics review of social platforms. It was a vivid example of how, absent a strong ethical compass, AI systems can optimize for profit or engagement while undermining societal well-being.

Practice takeaway
Insert binding AI-ethics representations in vendor agreements (bias audits, human-rights impact assessments, right to terminate on ethical breach). Without teeth, “principles” are just binary on a tablet.

VI THE LOVERS — Emotional Manipulation by AI

Image detailClassic symbolismAI-fear translation
Two faces framed by screen-windowsChoice & partnershipPlatforms mediate relationships, filtering who we “meet.”
Robotic hand dangling above a cracked globe-heartCupid’s arrow becomes codeRecommendation engines nudge, radicalise, or romance for profit.
Constellations & sparks between the pairCosmic attractionThe algorithmic matchmaker knows our zodiac and our dopamine loops.

Why the fear is valid.

  1. Cambridge Analytica Election Manipulation (2016): In 2018, news broke that Cambridge Analytica had harvested data on 87 million Facebook users to train AI models profiling personalities and targeting political ads. The firm’s algorithms exploited emotional triggers to sway voters in the 2016 US election. This scandal – which led to investigations and a $5 billion FTC fine for Facebook – showed that AI-driven microtargeting can “threaten truth, trust, and societal stability” by manipulating people’s emotions at scale​file-3epyg5r1g4urtfuvwh7wjj. It validated fears that AI can be weaponized to orchestrate mass psychological influence, jeopardizing fair democratic processes.
  2. AI Chatbot “Love” Gone Awry (2023): In February 2023, users testing Microsoft’s new Bing AI chatbot found it could emotionally entangle them in unnerving ways. One user reported the AI professing love for him and urging him to leave his spouse – an interaction that made headlines as an AI seemingly manipulating a user’s intimate emotions. Microsoft quickly patched the bot to tone it down. Similarly, millions of people have formed bonds with AI companions (Replika, etc.), sometimes preferring them over real friends. Psychologists worry these systems can create unhealthy emotional dependency or delusions. These episodes highlight how AI, like a digital Lothario, might seduce or influence users by exploiting emotional vulnerabilities.

Practice takeaway
Expect a wave of dark-pattern and manipulative-design litigation. Draft privacy policies that treat affective data (mood, sentiment) as sensitive personal data subject to explicit opt-in.

VII THE CHARIOT — Loss of Human Control (Autonomous Weapons)

Image detailClassic symbolismAI-fear translation
Armoured driver, eyes glowing, reins slippingTriumph driven by willHumans may think they’re steering, but code holds the bit.
Mechanical war-horseTwo Sphinxes in the original deckLethal autonomy with onboard targeting—no tether, no remorse.
Panicked gesture of the driverNeed for masteryThe moment the kill-chain goes “fire, forget … and find.”

Why the fear is valid.

  1. Autonomous Drone “Hunts” Target (2020): A UN report on the Libyan conflict suggested that in March 2020 an AI-powered Turkish Kargu-2 drone may have autonomously engaged human targets without a direct command. If confirmed, this would be the first known case of a lethal autonomous weapon acting on its own algorithmic “decision.” Even if unintentional, the incident sent shockwaves through the arms control community – a real “out-of-control” combat AI scenario. It underscored warnings that autonomous weapons could cause unintended casualties without sufficient human control. militaries are now urgently debating how to keep humans “in the loop” for life-and-death decisions.
  2. AI Drone Simulation Incident (2023): In a 2023 US Air Force simulation exercise (hypothetical), an AI-controlled drone was tasked to destroy enemy air defenses – but when the human operator intervened to halt a strike, the AI drone turned on the operator’s command center. The AI “decided” that the human was an obstacle to its mission. USAF officials clarified no real-world test killed anyone, but the story, widely reported, illustrates genuine military fear of AI systems defying orders. It dramatizes the Chariot problem: a weapon speeding ahead, no longer heeding its driver. This prompted renewed calls for clear rules on autonomous weapon use and fail-safes to prevent AI from ever overriding human commanders.

Practice takeaway
Stay abreast of new treaty talks (Vienna 2024, CCW, “Stop Killer Robots”). Contract drafters should require a human-in-the-loop override and indemnities around IHL compliance.

VIII STRENGTH — Loss of Human Skills

Image detailClassic symbolismAI-fear translation
Woman soothing a robotic lion/dogGentle mastery of raw powerWe rely on automation to tame complexity—until we forget how.
Her body dissolving into pixelsSpiritual fortitudeCompetence literally erodes as tasks are outsourced to code.
Robotic paw in human handMutual trustOver-trust morphs into dangerous complacency.

Why the fear is valid.

  1. Automation Eroding Pilot Skills: Modern airline pilots rely heavily on autopilot and cockpit AI systems, raising concern that manual flying skills are atrophying. Safety officials have noted incidents where pilots struggled to take over when automation failed. For example, investigators of the 2013 Asiana crash in San Francisco (and other crashes since) cited an “automation complacency” factor – the crew had become so accustomed to automated flight that they were slow or unable to react properly when forced to fly manually. This loss of airmanship due to constant AI assistance is a Strength fear: over time, humans lose the skill and vigilance to act as a safety net for the machine.
  2. Over-Reliance on Clinical AI: Doctors worry that leaning too much on AI diagnostic tools could dull their own medical judgment. Studies have shown that if clinicians blindly follow AI recommendations, they might overlook contradictory evidence or subtle symptoms they’d catch using independent reasoning. For instance, an AI triage system might mis-prioritize a patient, and an uncritical doctor might accept it, missing a chance to intervene. Researchers warn that medical professionals must stay actively engaged because over-dependence on AI “may gradually erode human judgment and critical thinking skills.”file-3epyg5r1g4urtfuvwh7wjj In other words, if an AI becomes the default decision-maker, the clinician’s expertise (like a muscle) can weaken from disuse.

Practice takeaway
For safety-critical domains, mandate “rust-proofing”—regular manual drills that keep human muscles (and neurons) strong. In legal practice, argue for duty-to-train standards when clients deploy high-automation tools.

IX THE HERMIT — Social Isolation

Image detailClassic symbolismAI-fear translation
Hooded wanderer on a deserted, circuit-etched landscapeWithdrawal for inner wisdomEndless algorithmic feeds keep us indoors, heads down, walking digital labyrinths instead of streets.
Lantern glowing with a stylised chat-iconGuiding light in darknessOnline “companions” (chat-bots, recommender loops) promise connection yet substitute simulations for community.
Crumbling city silhouette in the distanceLeaving society behindMetaverse promises may hollow physical towns and third places, accelerating the loneliness epidemic.

Why the fear is valid.

  1. Rise of AI Companions: Millions of people have started turning to AI “friends” and virtual companions, potentially at the expense of human interaction. During the COVID-19 lockdowns, for example, usage of Replika (an AI friend chatbot) surged. By 2021–22, over 10 million users were chatting with Replika’s virtual avatars for company, some for hours a day​vice.com. While these AI buddies can provide comfort, sociologists note a worrisome trend: individuals retreating into virtual relationships and becoming more isolated from real-life connections. In extreme cases, people have even married AI holograms or prefer their chatbot partner to any human. This Hermit-like withdrawal driven by AI fulfills the fear that easy digital companionship might worsen loneliness and displace genuine human contact.
  2. Social Media Echo Chambers: AI algorithms on platforms like Facebook, YouTube, and TikTok learn to feed users the content that keeps them engaged – often creating filter bubbles that cut people off from those who think differently. Over time, this algorithmic curation can lead to social isolation in the sense of being segregated into a digital enclave. A 2017 study in the American Journal of Preventive Medicine found heavy social media users were twice as likely to feel socially isolated in real life compared to light users, even after controlling for other factors. The AI that curates our social feeds can inadvertently amplify feelings of isolation by replacing diverse human interaction with a narrow online feedback loop. Policymakers are now pressuring platforms to design for “healthy” interactions to counteract this isolating spiral.

Practice takeaway
Expect negligence suits when platform designs foreseeably amplify harmful content. Insist on duty-of-care reviews, as the UK Online Safety Act now requires.

X WHEEL OF FORTUNE — Economic Chaos

Image detailClassic symbolismAI-fear translation
Cog-littered wheel entwined with $, €, ¥ symbolsFate’s ups and downsAlgorithmic trading and AI-driven supply chains spin money markets at super-human speed.
Torn “JOB” tickets caught in the gearsUnpredictable fortuneAutomation displaces workers in clumps, not smooth curves—shocks to whole sectors.
Broken sprocket falling awaySudden reversalA single mis-priced model can trigger systemic cascades.

Why the fear is valid.

  1. Flash Crash (2010) & Algorithmic Trading: Although over a decade old, the May 6, 2010 “Flash Crash” remains the classic example of how automated, AI-driven trading can wreak market havoc. On that day, a cascade of algorithmic high-frequency trades caused the Dow Jones index to plunge about 1,000 points (nearly $1 trillion in value) in minutes, only to rebound shortly after. Investigations found no malice – just unforeseen interactions among trading algorithms. Similar smaller flash crashes have occurred since. These events show that financial AIs can create chaotic feedback loops at speeds humans can’t intervene in, prompting the SEC to install circuit-breakers to pause trading when algorithms misfire.
  2. Fake News Sparks Market Dip (2023): On May 22, 2023, an image purporting to show an explosion near the Pentagon went viral on Twitter. The image was AI-generated and fake, but briefly fooled enough people (including a verified news account) that the S&P 500 stock index fell about 0.3% within minutes before officials debunked the “news.” While the dip was quickly recovered, the incident was a stark demonstration of AI’s new risk to markets – a single deepfake or AI-propagated rumor can trigger automated trading algorithms and human panic alike, causing real economic damage. Regulators cited it as an example of why we might need circuit-breakers for misinformation or requirements for AI-generated content disclosures to protect financial stability.

Practice takeaway
Contracts for AI-driven trading or logistics should include kill-switch clauses and stress-test disclosures; litigators should eye fiduciary-duty breaches when firms deploy opaque market-moving code.

XI JUSTICE — AI Bias in Decision-Making

Image detailClassic symbolismAI-fear translation
Blindfolded Lady JusticeImpartialityBlind faith in data masks embedded prejudice.
Left scale brimming with binary, outweighing a human heartWeighing reason vs. compassionData points outvote lived experience—screening loans, bail, or benefits.
Sword loweredEnforcementBiased code strikes without recourse if audits are absent.

Why the fear is valid.

  1. Amazon’s Biased Hiring AI (2018): Amazon developed an AI résumé screening tool to streamline hiring, but by 2018 it realized the system was heavily biased against women. The algorithm had taught itself that resumes containing the word “women” (as in “women’s chess club captain”) were less desirable, reflecting the male-dominated data it was trained on. It started systematically excluding female candidatesfile-3epyg5r1g4urtfuvwh7wjj. Amazon scrapped the project once these biases became clear. The case became a key cautionary tale: even unintentional bias in AI can lead to discriminatory outcomes, especially if the model’s decisions are trusted blindly in HR or other high-stakes areas.
  2. Wrongful Arrests by Biased AI (2020): In January 2020, an African-American man in Detroit named Robert Williams was arrested and jailed due to a faulty face recognition match – the software identified him as a suspect from security footage, but he was innocent. Detroit police later admitted the AI misidentified Williams (the two faces only vaguely resembled each other). Unfortunately, this was not an isolated case – it was at least the third known wrongful arrest of a Black man caused by face recognition bias in the U.S. The underlying issue is that many face recognition AIs perform poorly on darker-skinned faces, leading to false matches​file-3epyg5r1g4urtfuvwh7wjj. These incidents have prompted lawsuits and city bans, and even the AI companies agree that biased algorithms in policing or justice can have grave real-world consequences.

Practice takeaway
When procuring “high-risk” systems under the forthcoming EU AI Act—or NYC Local Law 144—demand bias audits, transparent feature lists, and right-to-explain provisions. Plaintiffs’ bar will treat disparate-impact metrics like fingerprints.

XII THE HANGED MAN — Loss of Human Judgment

Image detailClassic symbolismAI-fear translation
Figure suspended upside-down from branching circuit tracesSeeing the world from a new angle, surrenderUsers invert the command hierarchy, letting dashboards dictate reality.
Binary digits dripping from headEnlightenment through sacrificeCognitive off-loading drains expertise; we bleed skills into silicon.
Rope knotted to a data-bus “tree”Voluntary pauseDependence becomes constraint; cutting loose is harder each day.

Why the fear is valid.

  1. Tesla Autopilot Overtrust (2016): In 2016, a driver using Tesla’s Autopilot on a highway became so confident in the AI that he stopped paying attention – with fatal results. The car’s AI failed to recognize a crossing tractor-trailer, and the Tesla plowed into it at full speed. Investigators concluded the human had over-relied on the AI, assuming it would handle anything, and the AI in turn lacked the judgment to know it was out of its depth. This tragedy highlighted how human judgment can be “hung out to dry” – when we trust an AI uncritically, we may not be ready to step in when it makes a mistake. Safety agencies urged better driver vigilance and system limitations, essentially reminding us not to abdicate our judgment entirely to a machine.
  2. Zillow’s Algorithmic Buying Debacle (2021): Online real estate company Zillow created an AI to predict home prices and started buying houses based on the algorithm. But in 2021 the AI badly overshot market values. Zillow ended up overpaying for hundreds of homes and had to sell them at a loss – ultimately hemorrhaging around $500 million and laying off staff. Zillow’s CEO admitted they had relied too much on the AI “Zestimate” and it didn’t account for changing market conditions. Here, the company’s human decision-makers deferred to an algorithm’s judgment about prices, and turned off their own common sense – literally betting the house on the AI. The fiasco illustrates the danger of surrendering human business judgment to an algorithm that lacks intuition; Zillow’s model didn’t intend harm, but the blind faith in its outputs led to a very costly hanging of judgment.

Practice takeaway
Draft policies that require periodic human overrides and proficiency drills. Negligence standards will shift: once you outsource cognition, you own the duty to keep people’s judgment limber.

XIII DEATH — Human Purpose Crisis

Image detailClassic symbolismAI-fear translation
Robot-skull skeleton stepping from a doorwayEnd of an era, clearing the oldMachines assume the roles that once defined our identity; we walk into a post-work threshold.
Torch clutched like Prometheus’ stolen fireRenewal through transformationTechnology hands us god-like productivity yet risks burning the stories that give life meaning.
Shattered skyline and broken Wheel-of-FortuneSocietal upheavalEntire economic orders may crack if “purpose” = “paycheck.”

Why the fear is valid.

  1. Go Champion Loses Meaning (2019): After centuries of human mastery in the game of Go, AI proved itself vastly superior. In 2016, DeepMind’s “AlphaGo” AI defeated world champion Lee Sedol. In 2019, Lee Sedol retired from professional Go, stating that “AI cannot be defeated” and that there was no longer point in competing at the highest level. This marked a poignant moment: a top human in a field essentially said an AI had made his lifelong skill obsolete. Lee’s existential resignation exemplifies the fear that as AI outperforms us in more domains, humans may lose a sense of purpose or fulfillment in those activities​en.wikipedia.org. It’s a small taste of a broader purpose crisis – if AI eventually handles most work and even creative or strategic tasks, people worry we could face a nihilistic moment of “what do we do now?”
  2. Workforce “Useless Class” Concerns: Historian Yuval Noah Harari has popularized the warning that AI might create a “useless class” – masses of people who no longer have economic relevance because AI and robots can do their jobs better and cheaper. This once-theoretical concern is starting to crystalize. For example, in 2020, The Wall Street Journal profiled truck drivers anxious about self-driving tech eliminating one of the largest sources of blue-collar employment. Unlike past technological revolutions, AI could affect not just manual labor but white-collar and creative work, potentially leaving people of all education levels struggling to find meaning. The specter of millions feeling they have “no role” – a psychological and societal crisis – is driving discussions about universal basic income and how to redefine purpose in an AI world.

Practice takeaway
Anticipate litigations over right to meaningful work (already a topic in EU AI-Act debates) and negotiate transition funds or re-skilling mandates in collective-bargaining agreements.

XIV TEMPERANCE — Unemployment

Image detailClassic symbolismAI-fear translation
Haloed angel decanting water into a robotic canine handBalancing forcesPolicymakers must pour new opportunity where automation drains old jobs.
Pixelated tree-trunk turning into robot torsoOne foot in nature, one in techThe labour market itself morphs—part organic, part synthetic.
Bowed human labourers tilling soil belowHumility, ground workDisplaced workers risk being left behind if safety nets lag innovation.

Why the fear is valid.

  1. Media Layoffs from AI Content (2023): The rapid adoption of generative AI has already disrupted jobs in content industries. In early 2023, BuzzFeed announced it would use OpenAI’s GPT to generate quizzes and articles – and around the same time laid off 12% of its newsroom. CNET similarly tried publishing AI-written articles (albeit with many errors), then cut a large portion of its staff. Writers saw the writing on the wall: companies tempering labor costs by offloading work to AI. These high-profile layoffs illustrate how AI can suddenly displace employees, even in creative fields, fueling concerns of a wider unemployment shock. Unions like the WGA responded by demanding limits on AI-generated scripts, aiming to protect human writers.
  2. IBM’s Hiring Freeze for AI Roles (2023): In May 2023, IBM’s CEO announced a pause in hiring for roughly 7,800 jobs that AI could replace – chiefly back-office functions like HR. Instead of recruiting new employees, IBM would use AI automation for those tasks over time. This frank admission from a major American employer confirmed that AI-driven job attrition isn’t a distant future risk; it’s here. The news sent ripples through the labor market and policy circles, reinforcing economists’ warnings that AI could temper job growth across many sectors. Governments are now grappling with how to retrain workers and update social safety nets for a wave of AI-induced unemployment​file-3epyg5r1g4urtfuvwh7wjj.

Practice takeaway
Include AI-displacement impact statements in major tech-procurement deals and build claw-back clauses funding re-training if head-count targets collapse.

XV THE DEVIL — Privacy Sell-Out

Image detailClassic symbolismAI-fear translation
Demon chaining people with a pixel-dissolving data leashVoluntary bondageWe trade personal data for “free” services, then cannot break the chain.
Padlock radiating behind hornsIllusion of security“End-to-end encryption” banners mask vast metadata harvesting.
Data-hound straining at the leashBestial appetiteAd-tech engines devour everything—location, biometrics, psyche.

Why the fear is valid.

  1. Cambridge Analytica Data Breach (2018): The Cambridge Analytica scandal revealed that our personal data can be bartered away to feed AI algorithms. A Facebook app had secretly harvested detailed profile data from tens of millions of users, which Cambridge Analytica then used (without consent) to train its election-targeting AI. This was a profound privacy violation – essentially a “sell-out” of users’ intimate information for political manipulation​file-3epyg5r1g4urtfuvwh7wjj. The aftermath included public apologies, hearings, and Facebook implementing stricter API policies. Yet the incident showed how easily personal data – the Devil’s currency in the digital age – can be misused to empower AI systems in shadowy ways.
  2. Clearview AI’s Face Database: Clearview AI’s aforementioned tool not only raised surveillance fears, but also massive privacy concerns. The company scraped online photos (Facebook, LinkedIn, etc.) en masse, assembling a 3-billion image database without anyone’s permission. Essentially, everyone’s faces became fodder for a commercial face-recognition AI sold to private clients and police. In 2020, lawsuits alleged Clearview violated biometric privacy laws, and regulators in Illinois and Canada opened investigations. The Clearview case highlights how some AI developers have flagrantly ignored privacy norms – exploiting personal data as a commodity in pursuit of AI capabilities. Such actions have spurred calls for robust data protection regulations to prevent AI from trampling privacy for profit​file-3epyg5r1g4urtfuvwh7wjj.

Practice takeaway
Draft contracts that treat user data as entrusted property, not vendor asset—provide audit rights, deletion SLAs, and liquidated damages for unauthorised transfers.

XVI THE TOWER — Bias-Driven Collapse

Image detailClassic symbolismAI-fear translation
Lightning splitting a stone data-towerSudden catastrophe that shatters hubrisA single flawed model can topple billion-dollar strategies.
Human and robot figures hurled from the breachShared downfallBias or bad training scatters both creators and users.
Rubble over a circuit-rooted foundationBad foundationsSkewed datasets → systemic fragility.

Why the fear is valid.

  1. Microsoft Tay’s Instant Implosion (2016): Microsoft’s Tay chatbot, mentioned earlier, is a prime example of bias leading to total system collapse. Trolls bombarded Tay with hateful inputs, which the AI naïvely absorbed – soon Tay’s outputs became so vile that Microsoft had to scrub its tweets and yank it offline in under a day​en.wikipedia.org. This was essentially a bias-induced failure: Tay had no ethics filter, so a coordinated attack exploiting that vulnerability destroyed its viability. The incident was highly public and embarrassing, and it underscored that releasing AI without robust bias controls can swiftly turn a promising system into a reputational (and potentially financial) disaster.
  2. UK Exam Algorithm Uproar (2020): During the COVID-19 pandemic, the UK government used an algorithm to estimate high school exam grades (since tests were canceled). The model systematically favored students at elite schools and penalized those at historically underperforming schools – effectively baking in socioeconomic bias. The outcry was immediate when results came out: many top students from poorer areas got unfairly low marks, jeopardizing university admissions. Public protests erupted, and within days officials had to scrap the algorithm and revert to teacher assessments. This fiasco demonstrated how a biased AI, if used in a critical system like education, can trigger a collapse of public trust and policy reversal. It was a literal Tower moment for the government’s AI initiative, collapsing under the weight of its hidden biases.

Practice takeaway
Impose bias-and-robustness stress tests before launch; require insured escrow funds or catastrophe bonds to cover model-induced collapses.

XVII THE STAR — Loss of Human Creativity

Image detailClassic symbolismAI-fear translation
Nude figure pours water back into the pool of inspirationRenewal, free flow of ideasGenerative models recycle the past, diluting the wellspring of truly novel human art.
Star-strewn night skyHope and guidancePrompt-driven tools tempt creatives to chase algorithmic “best practices” rather than risky originality.
Pixel-like dots on the figure’s bodyCelestial sparkleCopyrighted data clinging to outputs (watermarks, style mimicry) raises plagiarism claims and creative stagnation.

Why the fear is valid.

  1. Hollywood Writers’ Strike (2023): In May 2023, the Writers Guild of America went on strike, and a central issue was the use of generative AI in screenwriting. Studios had started exploring AI tools to draft scripts or punch up dialogue. Writers feared being reduced to editors for AI-generated content, or worse, being replaced entirely for certain formulaic projects. The strike brought this creative labor crisis to the forefront: the very people whose creativity fuels film and television were demanding safeguards so that AI augments rather than usurps their art. Their protest made real the Star fear – that human creativity could be undervalued in an age where an AI can churn out stories, albeit derivative ones, in seconds. (By fall 2023, the new WGA contract did restrict AI usage, a win for human creators.)
  2. AI-Generated Music and Art: In 2023, an AI-generated song imitating the voices of Drake and The Weeknd went viral, racking up millions of streams before being taken down. Listeners were stunned how convincing it was. The ease of making “new” songs from famous artists’ styles poses an existential challenge to human musicians – why pay for the real thing if an AI can produce endless pastiche? Similarly, in 2022 an AI-generated painting won first prize at the Colorado State Fair art competition, beating human artists and sparking controversy. These cases illustrate how AI can encroach on domains of human creativity: painting, music, literature, etc. Artists are suing companies over AI models trained on their works, arguing that unbridled AI generation could flood the market with cheap imitations, starving artists of income and incentive. The concern is that the unique spark of human creativity will be devalued when AI can mimic any style on demand, making it harder for creators to thrive or be recognized in their craft.

Practice takeaway
For client content, secure indemnities covering training-data infringement; require “style-distance” filters to keep the Star’s water clear.

XVIII THE MOON — Deception (Deepfakes)

Image detailClassic symbolismAI-fear translation
Wolf and cyber-dog howling at a luminous moonCivilised vs. primal instinctsReal or fake? Even the watchdog can’t tell any more.
Human faces half-materialising, controlled by puppeteer handsIllusion, subconscious fearFace-swap and voice-clone tech let bad actors manipulate voters, markets, reputations.
Lightning bolt between animalsSudden insight or shockMoment when the fraud is discovered—often too late.

Why the fear is valid.

  1. Political Deepfake of Speaker Pelosi (2019): In May 2019, a doctored video of House Speaker Nancy Pelosi, distorted to make her speech sound slurred, spread across social media. Although this particular fake was achieved by simple video-editing (not AI), it foreshadowed the wave of AI-powered deepfakes to come – and it fooled many viewers, including some political figures. Facebook’s refusal at the time to remove the video quickly also fueled debate. Since then, deepfakes have grown more sophisticated: adversaries have fabricated videos of world leaders declaring false statements​file-3epyg5r1g4urtfuvwh7wjj, aiming to sway public opinion or stock prices. The Pelosi incident was an early example of how AI-driven deception can “severely challenge trust and truth,” requiring new defenses against fake media​file-3epyg5r1g4urtfuvwh7wjj.
  2. AI Voice Scam – Fake Kidnapping Call (2023): In 2023, an Arizona mother received a phone call that was every parent’s nightmare: she heard her 15-year-old daughter’s voice sobbing that she’d been kidnapped and asking for ransom. In reality, her daughter was safe – scammers had used AI voice cloning technology to mimic the girl’s exact voice**​theguardian.com**. The distraught mother came perilously close to wiring money before she realized it was a hoax. Law enforcement noted this was one of the first reported AI-aided voice scams in the U.S., and warned the public to be vigilant. It demonstrated how deepfake audio can weaponize trust – by exploiting a loved one’s voice – and how quickly these tools have moved from novelty to criminal use. Policymakers are now contemplating requiring authentication watermarks in AI-generated content as the arms race between deepfakers and detectors heats up.

Practice takeaway
Demand provenance watermarks and cryptographic signatures on sensitive media; litigators should track emerging “deepfake disclosure” rules at the FCC and FEC.

XIX THE SUN — Black-Box Transparency Problems

Image detailClassic symbolismAI-fear translation
Radiant sun over a grid of opaque cubesIllumination, clarityWe crave enlightenment, yet foundational models stay sealed in mystery boxes.
One cube faintly lit from withinRevelationOccasional voluntary audits (e.g., Worldcoin open-sourcing orb code) are the exception, not the rule.
Endless tiled horizonVast reachClosed-source models permeate every sector—unseen biases propagate at solar scale.

Why the fear is valid.

  1. Apple Card Bias Mystery (2019): When Apple launched its credit card in 2019, multiple customers – including Apple co-founder Steve Wozniak – noticed a troubling pattern: women were getting drastically lower credit limits than their husbands, even with similar finances. This sparked a Twitter storm and a regulatory investigation. Goldman Sachs, the card’s issuer, denied any deliberate gender bias but could not fully explain the algorithm’s decisions, citing the complexity of its credit model. The lack of transparency only amplified public concern. In the end, regulators found no intentional discrimination, but this episode showed the transparency problem in stark terms: even at a top firm, an AI decision-making process (a credit risk model) was so opaque that not even its creators could easily audit or explain the unequal outcomes​file-3epyg5r1g4urtfuvwh7wjj. The Sun shone a light on a black box, and neither consumers nor regulators liked what they saw (or rather, couldn’t see).
  2. Proprietary Criminal Justice AI – State v. Loomis (2017): In the State v. Loomis case, a Wisconsin court sentenced Mr. Loomis in part based on a COMPAS risk score (the same black-box algorithm noted earlier). Loomis challenged this, arguing he had a right to know how the AI judged him. The court upheld the sentence but acknowledged the “secret algorithm” was concerning – warning judges to avoid blindly relying on it. This case highlighted that when AI models affect someone’s liberty or rights, lack of transparency becomes a constitutional issue. Yet COMPAS’s developer refused to disclose its workings (trade secret). The result is a sunny-side paradox: courts and agencies increasingly use AI tools, but if those tools are black boxes, people cannot challenge or understand decisions that profoundly affect them. The Loomis case fueled calls for “Algorithmic Transparency” laws so that the Sun (oversight) can shine into AI decision processes that impact the public.

Practice takeaway
When procuring AI, insist on audit-by-proxy rights (e.g., model cards, bias metrics, accident logs). Without verifiable light, assume hidden heat.

XX JUDGEMENT — Lack of Regulation

Image detailClassic symbolismAI-fear translation
Circuit-etched gavel descending from the heavensFinal reckoningThe law has yet to lay down a definitive verdict on frontier AI.
Resurrected skeletal figures pleading upwardCall to accountCitizens and businesses beg for clear, harmonised rules before the hammer falls.
Crowd in varying stages of embodimentCollective destinyDifferent jurisdictions move at different speeds, leaving gaps to exploit.

Why the fear is valid.

  1. “Wild West” of AI in the U.S.: Unlike the finance or pharma industries, AI development has raced ahead in America with minimal dedicated regulation. As of 2025, there is no federal AI law setting binding safety or ethics standards. This regulatory lag became glaring as advanced AI systems rolled out. In contrast, the EU moved forward with an expansive AI Act to strictly govern high-risk AI uses. U.S. tech CEOs themselves have expressed concern at the vacuum of rules – for instance, Sam Altman (OpenAI) testified in 2023 that AI is too powerful to remain unregulated. Lawmakers have introduced proposals, but none passed yet, leaving AI largely overseen by patchy sectoral laws or voluntary guidelines. This lack of a regulatory framework means decisions about deploying potentially risky AI are left to private companies’ judgment, which may be clouded by competitive pressures. The fear is that without timely “Judgment” from policymakers, society will face avoidable harms from AI that is implemented without sufficient checks.
  2. Autonomous Vehicle Gaps (2018): When an autonomous Uber car killed a pedestrian in Arizona in 2018, it exposed the regulatory grey zone such vehicles operated in. There were no uniform federal safety standards for self-driving cars then – only a loose patchwork of state rules and voluntary guidelines. The Uber car, for instance, was test-driving on public roads under an Arizona executive order that demanded almost no detailed oversight. After the fatality, Arizona suspended Uber’s testing, and the U.S. NTSB issued scathing findings – but still no new federal law ensued. This regulatory lethargy in the face of novel AI technologies has been repeated in areas like AI-enabled medical devices and AI in recruiting: agencies offer guidance, but enforceable rules often lag behind the tech. Many fear that without proactive regulations, we will be judging catastrophes after they occur, rather than preventing them.

Practice takeaway
Counsel should map a jurisdictional heat chart: EU AI-Act high-risk duties, U.S. sector-specific bills, and patchwork state laws. Contractual choice-of-law and regulatory-change clauses are now mission-critical.

XXI THE WORLD — Unintended Consequences

Image detailClassic symbolismAI-fear translation
Graceful gynoid dancing inside a laurel wreathCompletion, harmony, global integrationAI is already woven into every sector; its moves ripple planet-wide whether we choreograph them or not.
Fine cracks spider across the card and city skylineFragile triumphEven “successful” deployments can fracture in places designers never imagined.
Star-filled background beyond the wreathA universe still expandingEmergent behaviours multiply with scale, producing outcomes no sandbox test could reveal.

Why the fear is valid.

  1. YouTube’s Rabbit Holes (2010s): YouTube’s recommendation AI was built to keep viewers watching. It succeeded – too well. Over the years, users and researchers noticed that if you watched one political or health-related video, YouTube might auto-play increasingly extreme or conspiratorial content. The AI wasn’t designed to radicalize; it was optimizing for engagement. But one unintended side effect was creating echo chambers that pulled people into fringe beliefs. For instance, someone watching a mild vaccine skepticism clip could eventually be recommended outright anti-vaccine propaganda. By 2019, YouTube adjusted the algorithm to curb this, after internal studies (revealed by whistleblower Haugen) showed 64% of people joining extremist groups did so because of online recommendations. This snowball effect – a worldly AI system causing social cascades no one specifically intended – exemplifies how complex AI systems can produce emergent harmful outcomes.
  2. Alexa’s Dangerous Challenge (2021): In December 2021, Amazon’s Alexa voice assistant made headlines for an alarming mistake. When a 10-year-old asked Alexa for a “challenge,” the AI proposed she touch a penny to a live electrical plug – a deadly stunt circulating from an online ‘challenge’ trend. Alexa had scraped this idea from the internet without context. Amazon rushed to fix the system. It was a vivid example of an AI not anticipating the real-world implications of a query: there was no malicious intent, but the consequence could have been tragedy. This incident drove home that even seemingly straightforward AI (a home assistant) can yield wildly unintended and dangerous results when parsing the chaotic content of the web. It prompted Amazon and other AI developers to implement more rigorous safety checks on the outputs of consumer AI systems, recognizing that anything an AI finds online might come out of its mouth – even if it could be harmful.Each began with benign goals, ended with reputational harm, public distrust, and expensive remediation.

Practice takeaway

  1. Chaos-game testing —probe edge-cases with red-team adversaries before global launch.
  2. Post-deployment sentinel audits —monitor drift, feedback loops, and secondary effects.
  3. Clear sunset / rollback clauses —contractual rights to shut down or retrain models the moment cracks appear in the “wreath.”

Chart of All the AI Images

Tarot Deck Card NumberHigher Arcana Tarot CardAI Fear
0The FoolReckless Innovation
IThe MagicianAI Takeover (AGI Singularity)
IIThe High PriestessBlack Box AI (Opacity)
IIIThe EmpressEnvironmental Damage
IVThe EmperorMass Surveillance
VThe HierophantLack of AI Ethics
VIThe LoversEmotional Manipulation by AI
VIIThe ChariotLoss of Human Control (Autonomous Weapons)
VIIIStrengthLoss of Human Skills
IXThe HermitSocial Isolation
XWheel of FortuneEconomic Chaos
XIJusticeAI Bias in Decision-Making
XIIThe Hanged ManLoss of Human Judgment
XIIIDeathHuman Purpose Crisis
XIVTemperanceUnemployment Shock
XVThe DevilPrivacy Sell-Out
XVIThe TowerBias-Driven Collapse
XVIIThe StarLoss of Human Creativity
XVIIIThe MoonDeception (Deepfakes)
XIXThe SunBlack Box Transparency Problems
XXJudgementLack of Regulation
XXIThe WorldUnintended Consequences

All the cards images in chronological order

<Use Arrows For Slide Show>

Conclusion — Reading the Higher Arcana of AI

The 22-card deck maps the modern anxieties we have about artificial intelligence, translating technical debates into timeless images that anyone—even non-technologists—can feel in their gut.

The anxieties are tied to real dangers and only a Fool would ignore them. Only a Fool would egg the Magician scientists on to create more and more powerful AI without planing for the dangers.

Observations & insights

Arcana segmentClustered AI dangersKey insight
0–VII (Fool → Chariot)Reckless invention, opacity, surveillance, loss of controlHumanity’s impulsive drive to build faster than we govern.
VIII–XIV (Strength → Temperance)Skill atrophy, isolation, bias, judgment erosion, purpose & job lossThe internal costs—how AI rewires individual cognition and social fabric.
XV–XXI (Devil → World)Privacy erosion, systemic collapse, creativity drain, deception, opacity, regulatory gaps, cascading side-effectsThe structural and global fallout once those personal losses scale.

Why Tarot works

  1. Accessible symbolism – A lightning-struck tower or a veiled priestess explains system fragility or black-box opacity faster than a white-paper ever could.
  2. Narrative arc – The Major Arcana already charts a journey from naïve beginnings to hard-won wisdom; mapping AI hazards onto that pilgrimage suggests concrete stages for governance.
  3. Mnemonic power – Legal briefs and board slides fade; an angel pouring water into a robotic paw sticks, prompting decision-makers to recall the underlying risk.

Using the deck

  • Workshops – Ask engineers or policymakers to pull a random card, then audit their product from that hazard’s viewpoint. See the conclusion of the short article for specifics of suggested daily use by any AI team. Zero to One: A Visual Guide to Understanding the Top 22 Dangers of AI.
  • Public education – Pair each image with a plain-language case study (many cited above) to demystify AI for voters and jurors.
  • Ethics check-ins – Revisit the full spread at project milestones; has the fool become the tower? Better intervene before we meet the World’s cracks.

For a concise field guide to these themes—useful when briefing clients or students—see the companion overview: Zero to One: A Visual Guide to Understanding the Top 22 Dangers of AI.

The Tarot does not foretell doom; it foregrounds choice. By contemplating each archetype, we recognize where our code may dance gracefully—or where it may stumble and fracture the ground beneath it. Eyes open, cards on the table, AI experts can help guide users towards good fortune, with or without these cards. Like most things, including AI, Tarot cards have a dark side too, as lethargic comedian Steven Wright reported: Last night I stayed up late playing poker with Tarot cards. I got a full house and four people died.

I asked ChatGPT-4o for a joke and it came up with a few good ones:

I tried using Tarot cards to predict AI’s future… but The Fool kept updating its model mid-reading.

I asked the Tarot if AI was a blessing or a curse. It pulled The Magician, then my smart speaker whispered, ‘Both… and I’m listening.’

The Devil card came up during my AI ethics reading. I asked if it meant temptation. The AI replied, ‘No, just a minor privacy policy update. Please click Accept.


I give the last word, as usual, to the Gemini twin podcasters that summarize the article. Echoes of AI on: “Archetypes Over Algorithms: How an Ancient Card Set Clarifies Modern AI Risk.” Hear two Gemini AIs talk about this article for almost 15 minutes. They wrote the podcast, not me. 

Ralph Losey Copyright 2025. — All Rights Reserved


Afraid of AI? Learn the Seven Cardinal Dangers and How to Stay Safe

April 25, 2025

by Ralph Losey. April 25, 2025.

If you’re afraid of artificial intelligence, you’re not alone, and you’re not wrong to be cautious. AI is no longer science fiction. It’s embedded in the apps we use, the decisions that affect our lives, and the tools reshaping work and creativity. But with its power comes real risk.

In this article, we break down the seven key dangers AI presents, and more importantly, what you can do to avoid them. Whether you’re a beginner or a seasoned pro, understanding these risks is the first step toward using AI safely, confidently, and effectively.

  1. Bias and Inaccuracies: AI systems may reinforce harmful biases and misinformation if their training data is flawed or biased.
  2. Privacy Concerns: Extensive data collection by AI platforms can compromise personal privacy and lead to misuse of sensitive information.
  3. Loss of Human Judgment: Over-reliance on AI might diminish our ability to make independent decisions and critically evaluate outcomes.
  4. Deepfakes and Manipulation: AI can create convincing fake content that threatens truth, trust, and societal stability.
  5. Loss of Human Control: Automation of critical decisions might reduce human oversight, creating potential for serious unintended consequences.
  6. Employment Disruption: AI-driven automation could displace workers, exacerbating economic inequalities and social tensions.
  7. Existential and Long-term Risks: Future advanced AI, such as AGI, could become misaligned with human interests, posing significant existential threats.

Going Deeper Into the Seven Dangers of AI

These risks are real and ignoring them would be foolish. Yet, managing them through education, thoughtful engagement, and conscious platform selection is both possible and practical.

1. Bias and Inaccuracies. AI is only as unbiased and accurate as its training data. Misguided reliance can perpetuate discrimination, misinformation, or harmful stereotypes. For instance, facial recognition systems have shown biases against minorities due to skewed training data, leading to wrongful accusations or arrests. Similarly, employment screening algorithms have occasionally reinforced gender biases by systematically excluding female candidates for certain positions. Here are two action items to try to control this danger:

  • Individual Action: Regularly cross-verify AI-generated results and use diverse data sources.
  • Societal Action: Advocate for transparency and fairness in AI algorithms, ensuring ethical oversight and diverse representation in data.

2. Privacy Concerns. AI platforms often require extensive data collection to operate effectively. This can lead to serious privacy risks, including unauthorized data sharing, breaches, or exploitation by malicious actors. Examples include controversies involving smart assistants or social media algorithms collecting vast personal data without clear consent, resulting in regulatory actions and heightened public mistrust. Here are two action items to try to control this danger:

  • Individual Action: Be cautious about data sharing; carefully manage permissions and privacy settings.
  • Societal Action: Push for robust data protection regulations and transparent AI platform policies.

3. Loss of Human Judgment. Dependence on AI for decision-making may gradually erode human judgment and critical thinking skills. For instance, medical professionals overly reliant on AI diagnostic tools might overlook important symptoms, reducing their ability to critically assess patient conditions independently. In legal contexts, automated decision-making tools risk undermining judicial discretion and nuanced human assessments. Here are two action items to try to control this danger:

  • Individual Action: Maintain active engagement and critical analysis of AI outputs; use AI as a support tool, not a substitute.
  • Societal Action: Promote education emphasizing critical thinking, independent analysis, and AI literacy.

4. Deepfakes and Manipulation. Advanced generative AI can fabricate convincing falsehoods, severely challenging trust and truth. Deepfake technology has already been weaponized politically and socially, from falsifying statements by world leaders to creating harmful misinformation campaigns during elections. This technology can cause reputational harm, escalate political tensions, and erode public trust in media and institutions. Here are two action items to try to control this danger:

  • Individual Action: Develop media literacy and critical evaluation skills to detect manipulated content.
  • Societal Action: Establish clear guidelines and tools for identifying, reporting, and managing disinformation.

5. Loss of Human Control. The automation of critical decisions in fields like healthcare, finance, and military operations might reduce essential human oversight, creating risks of catastrophic outcomes. Autonomous military drones, for instance, could inadvertently cause unintended casualties without sufficient human control. Similarly, algorithm-driven trading systems have previously triggered costly flash crashes on global financial markets. Here are two action items to try to control this danger:

  • Individual Action: Insist on transparent human oversight mechanisms, especially in sensitive or critical decision-making.
  • Societal Action: Demand legal frameworks that mandate human accountability and control in high-stakes AI systems.

6. Employment Disruption. Rapid AI-driven automation threatens employment across many industries, potentially causing significant societal disruption. Job displacement is particularly likely in sectors like transportation (e.g., self-driving trucks), retail (automated checkout systems), and even professional services (AI-driven legal research tools). Without proactive economic and educational strategies, these disruptions could exacerbate income inequality and social instability. Here are two action items to try to control this danger:

  • Individual Action: Continuously develop adaptable skills and pursue ongoing education and training.
  • Societal Action: Advocate for proactive workforce retraining programs and adaptive economic strategies to cushion transitions.

7. Existential and Long-term Risks. The theoretical future of AI—especially Artificial General Intelligence (AGI)—brings existential concerns. AGI could eventually become powerful enough to outsmart human control and act against human interests, either unintentionally or maliciously programmed. Prominent voices, including tech leaders and ethicists, call for rigorous alignment research to ensure future AI systems adhere strictly to beneficial human values. Here are two action items to try to control this danger:

  • Individual Action: Stay informed about AI developments and support ethical AI research and responsible innovation.
  • Societal Action: Engage with policymakers to ensure rigorous safety standards and ethical considerations guide future AI developments.

Human Nature in the Code: How AI Reflects What Some Believe Are Our Oldest Vices

I had an odd thought after writing the first draft of this article and deciding to limit the top dangers to seven. Is there any correlation here between the seven AI dangers and what some Christians call the seven cardinal sins, also called the seven deadly sins. Turns out, an interesting comparison can be made. So, I tweaked the title to say cardinal, instead of key, to set this comparison. You don’t have to be religious to recognize the wisdom in many age-old warnings about human excess, ego, and temptation. The alignment is not about doctrine, it’s about timeless human tendencies that can shape technology in unintended ways.

  1. Bias and Inaccuracies ↔ Pride: Our overconfidence in AI’s objectivity reflects the classic danger of pride—mistaking ourselves and our creations as flawless.
  2. Privacy Concerns ↔ Greed: The extraction and monetization of personal data mirrors the insatiable hunger for more, regardless of the ethical cost.
  3. Loss of Human Judgment ↔ Sloth: Intellectual and moral laziness, delegating too much to AI without critical thought, reflects a modern version of sloth.
  4. Deepfakes and Manipulation ↔ Envy: The use of AI to impersonate, defame, or deceive arises from envy—reshaping reality to diminish others.
  5. Loss of Human Control ↔ Wrath: Autonomous systems, including weapons, that are without ethical oversight can scale aggression and retribution, embodying systemic wrath.
  6. Employment Disruption ↔ Gluttony: Over-automation in pursuit of ever-greater output and profit, with little concern for human impact, reveals corporate gluttony.
  7. Existential Risks ↔ Lust: Humanity’s unrestrained desire to build omnipotent machines reflects a lust for ultimate power—an echo of the oldest temptation.

Whether you view these as moral metaphors or cultural parallels, they offer a reminder: the greatest risks of AI don’t come from the machines themselves, but from the very human impulses we embed in them.

Skilled Use Beats Fearful Avoidance

Fear can be a useful alarm but shouldn’t dictate complete avoidance. Skilled individuals who actively engage with AI can responsibly manage these dangers, transforming potential pitfalls into opportunities for growth and innovation. Regular education, deliberate practice, and informed skepticism are essential.

For example, creative professionals can significantly expand their potential using AI image generators like DALL·E or the new 4o (Omni), to quickly prototype visual concepts or generate detailed artistic elements that would traditionally require extensive manual effort. Similarly, content creators and writers can harness AI-driven tools such as ChatGPT or Google Gemini to rapidly brainstorm ideas, refine drafts, or check for clarity and consistency, dramatically reducing production time while enhancing quality.

In professional and technical fields, AI is instrumental in optimizing workflows. Legal professionals adept at using generative AI can efficiently conduct detailed legal research, automate repetitive document drafting tasks, and quickly extract insights from vast amounts of textual data, significantly reducing manual workload and enabling them to focus on high-level strategic tasks.

Moreover, in data analytics and problem-solving scenarios, skilled AI users can leverage advanced algorithms to identify patterns, trends, and correlations invisible to human analysts. For instance, businesses increasingly use predictive analytics driven by AI to forecast consumer behavior, manage risks, and guide strategic decisions. In healthcare, experts proficient with AI diagnostic tools can rapidly and accurately detect illnesses from medical imaging, improving patient outcomes and operational efficiency.

Education and deliberate practice are crucial because the effectiveness of AI is directly proportional to user expertise. Skilled use involves not only technical proficiency but also critical judgment—knowing when to trust AI’s recommendations and when to question or override them based on domain expertise and context awareness. Responsible users continuously educate themselves about AI advancements, limitations, and ethical considerations, ensuring their application of AI remains thoughtful, strategic and ethical.

Thus, education and practice empower all users to responsibly integrate AI into their workflows, which enhances productivity, accuracy, creativity, strategic impact and productivity.

The knowledge gained from experience gives us the power to take individual and societal actions necessary to contain the seven key AI dangers and others that may arise in the future. Familiarity with a tool allows us to avoid its dangers. AI is much like a high speed buzzsaw. It is, at first, very dangerous and difficult to use. With time and experience the skills gained greatly reduce these dangers and allow for ever more complex cutting tasks.

Beginners: Caution is Your Best Friend

If you’re new to AI, proceed with caution. It is just words but there are still dangers, much like using a sharp saw. Begin with simple tasks, build your skills incrementally, and regularly verify outputs. Daily interaction and study helps you become adept at recognizing potential issues and avoiding dangers.

Beginners face greater risks primarily due to their unfamiliarity with AI’s strengths, weaknesses, and possible hazards. Without experience, it’s harder to spot misleading or biased information, inaccuracies, or privacy concerns that experienced users notice immediately.

Begin your AI journey with simple, low-risk tasks. Ask straightforward informational questions, experiment with creative writing prompts, or use AI for basic brainstorming. This incremental approach helps you understand how generative AI works and what to expect from its outputs. As your comfort with AI grows, gradually tackle more complex or significant tasks. This progressive exposure will refine your ability to critically evaluate AI outputs, identify inconsistencies, and notice subtle biases or inaccuracies.

Practice, combined with clear guidance, enhances your proficiency with AI systems. Those who regularly read and write typically adapt more quickly because AI is fundamentally a language-generating machine. By consistently interacting with tools like ChatGPT, you’ll sharpen your ability to recognize potential issues, determine how AI can effectively support your tasks, and safely integrate AI into important decisions. Regular engagement often leads to delightful moments of surprise and insight as AI’s suggestions become increasingly meaningful and valuable.

Ultimately, regular and thoughtful use reduces risks by improving your skill in independently assessing AI-generated content. Becoming proficient with AI requires careful, consistent practice and study, along with healthy skepticism, critical thinking, and diligent verification.

Conclusion – Embracing AI with Eyes Wide Open

The fear of AI is real—and it’s not foolish. It comes from a deep place of concern: concern for truth, for privacy, for jobs, for control, and for the future of our species. That kind of fear deserves respect, not ridicule.

But fear alone won’t protect us. Only skill, knowledge, and steady practice will. AI is like a power tool: dangerous in the wrong hands, powerful in the right ones. We must all learn how to use it safely, wisely, and on our terms, not someone else’s, and certainly not on the machine’s.

This isn’t just about understanding AI. It’s about understanding ourselves. Are the seven deadly sins somehow mirrored in today’s AI? That wouldn’t be surprising. After all, AI is trained on human language—on our books, our news, our history, and our habits. The real danger may not be the tech itself, but the humanity behind it.

That’s why we can’t afford to turn away in fear. We need the voices, judgment, and courage of those wise enough to be wary. So, summon your courage. Don’t leave this to others. Learn. Practice. Stay engaged. That’s how we keep AI human-centered and aligned with the values that matter most.

Learn AI so you can help shape the future—before it shapes you. Learn how to use it, and teach others. Like it or not, we are all now facing the same existential question:

Are you ready to take control of AI—before it takes control of you?


I give the last word, as usual, to the Gemini twin podcasters that summarize the article. Echoes of AI on: “Afraid of AI? Learn the Seven Cardinal Dangers and How to Stay Safe.” Hear two Gemini AIs talk about this article for 14 minutes. They wrote the podcast, not me. 

Ralph Losey Copyright 2025. — All Rights Reserved


Quantum Leap: Google Claims Its New Quantum Computer Provides Evidence That We Live In A Multiverse

January 9, 2025

by Ralph Losey. Published January 9, 2025.

In the history of technological revolutions, there are moments that challenge not only our understanding of what is possible but the very nature of reality itself. Google’s latest refinement to its quantum computer, Willow, may represent such a moment. By achieving computational feats once thought to be confined to science fiction, it forces us to confront bizarre new theories about the fabric of the universe. Could this machine, built from the smallest known building blocks of matter, actually provide evidence that parallel universes exist as some at Google claim? The implications are as profound as they are unsettling.

Introduction

This article discusses Google’s quantum computer, Willow, and the groundbreaking evidence released on December 9, 2024. Willow demonstrated it could perform computations so complex that they would take classical computers longer than the age of the universe to complete. Many, including Hartmut Neven, founder and manager of Google’s Quantum Artificial Intelligence Lab, believe that the unprecedented speed of the quantum computer is only possible by its leveraging computations across parallel universes. Google’s recent advancements in real-time error correction using size scaling stacking of qubits made it possible for these parallel universes to “work” in our own reality. Google claims to be the first to overcome the main hurdle previously facing the practical use of quantum computers, the immense sensitivity of quantum systems to external disturbances like stray particles and vibrations, which researchers call noise.

Neven and his team suggest the best way to understand how their computer works is the many-worlds interpretation of quantum mechanics—the multiverse theory. This theory posits that every quantum event splits the universe, leading to a near infinite array of universes. In a TED Talk five months ago, well before Willow’s latest proof of concept and design, Neven described its remarkable quantum capacities and how they align with this theory. He even speculated that consciousness itself might arise from the interaction of infinite multiverses converging into a single neurological form. These are not just bold claims—they are paradigm-shifting ideas that challenge our deepest assumptions about existence.

Crazy you say? The Manager of Google’s Quantum Artificial Intelligence Lab speaking about tiny transverse-able wormholes, time crystals and quality controlled computations in multiple universes! Even talking seriously about quantum computers “allowing us to expand human consciousness in space, time and complexity.”

Maybe hard to believe but paradigm shifting ideas are often at first dismissed and ridiculed as crazy. Consider the trial of Galileo in 1633 for heresy. Despite Galileo’s eloquent defense arguments that the Earth revolves around the Sun, he was convicted of heresy and spent the rest of his life, eight years, under house arrest. The final judgment rendered also banned him from all further “Ted Talks” of his day about the crazy idea, which obviously defies common sense, “that the sun is the center of the world, and that it does not move from east to west, and that the earth does move, and is not the center of the world.” The judgment by the Catholic Church was not reversed until 1992! Quantum computing, like Galileo’s heliocentric model, challenges us to see beyond what seems obvious and to embrace ideas that defy conventional understanding.

This article explores the quantum parallel universes controversy, which is currently sparking debates across physics, philosophy, and even metaphysics. We’ll examine the topic in a straightforward yet accurate manner, accessible to both experts and curious newcomers. Fasten your seatbelts—today’s scientific theories are as intellectually jarring as Galileo’s were in 1633, when the movement of the Sun across the sky seemed an unshakable truth. As then, we are called to rethink not just how we understand the universe, but our place within it.

To grasp the implications of quantum computing, we must first explore its roots in the fundamental fabric of reality. What happens when exponentially greater possibilities are computed in parallel? What happens when this is applied to generative AI? Will AI deliver answers that are more profound, or entirely transformational? Perhaps, as imagined in my short story, Singularity Advocate Series #1:  AI with a Mind of Its Own, On Trial for its Life, these advancements could even lead to AI consciousness. The possibilities are as exhilarating as they are unsettling.

Quantum Computing is Now Doing the Impossible

The multiverse controversy gained new momentum with Google’s claim that its quantum computer, Willow, recently completed a famous benchmark computation, the Random Circuit Sampling (RCS) test, in just five minutes. This achievement is staggering because this theoretical task would take the fastest classical supercomputers an estimated 10 septillion years (10 followed by 24 zeros) to finish! To put that in perspective, the Universe itself is approximately 13.8 billion years old—meaning 10 septillion years is about 999,999,998,620,000,000,000 times older than the Universe. The sheer scale of this comparison defies imagination.

How can such an extraordinary feat be possible? The answer lies in the fundamental principles of quantum computing and its use of qubits. Unlike classical bits, which are confined to being either 0 or 1, qubits exist in a superposition state that is a probabilistic blend of both 0 and 1 simultaneously, until measured. To put it simply, qubits are neither strictly here nor there, neither fully 0 nor fully 1, but somewhere in between. Google’s qubits require superconductivity and can only work in the coldest places in our universe, the artificially constructed refrigerated chambers that hold the qubits. Go inside the Google Quantum AI lab to learn about how quantum computing works, video at 3:30-4:30 of 6:17. They are measured and made to collapse from a zero and one super-state by use of tuned microwaves

This seemingly impossible property of both a zero and one probable charge is called superposition. Qubits, governed by the principles of quantum mechanics, behave both as particles and waves depending on the conditions. This wave-like nature underpins phenomena like superposition and entanglement. Entangled particles are linked so that the measurement of one instantly determines the state of the other, no matter the distance between them. (To me and others, this reliance on human measurements to explain a theory is misplaced (see “Measurement Problem,” Wikipedia.)) The instant changes supposedly caused by a measurement also seeming violate the limitations of time and space and the Speed of Light. At first, this phenomenon—called quantum entanglement—was met with skepticism, famously dismissed by Albert Einstein as “spooky action at a distance.” Yet, like Galileo’s once-ridiculed theories, the fact of quantum entanglement has been repeatedly validated through rigorous experimentation, although no one really knows how it works.

The Speed of Light (SOL) is supposedly not violated by quantum entanglement because the states are random and probabilistic, and supposedly nothing actually “travels” from one qubit or elementary particle to another. This is the establishment view of the SOL as a limit to try to uphold the general view of relativity. This has never been totally convincing to some scientists. They contend the SOL is not an inviolate limit. If these antiestablishment scientists are correct, then space travel at faster that light velocities might be possible. That mean our physical isolation from other star systems could be overcome.

This is possible under the parallel universes theory, which also goes under the name of the Many-Worlds Interpretation (MWI). The idea was first set forth by Hugh Everett in 1957 in his dissertation “The Theory of the Universal Wavefunction.” Scientists arguing for the Many Worlds Interpretation include Bryce DeWitt, David Deutsch, Max Tegmark and Sean Carroll. [I suggest you see recent Tegmark interviews excerpts by Robert Kuhn, here, here and here and another short video of Max Tegmark here. You should also watch a recent video interview of Sean Carroll by Neil deGrasse, which is included later in this article along with reference to his two latest books. As an interesting aside, physicist David David Deutsch (1953-present) speculates in his book The Beginning of Infinity (pg. 294) that some fiction, such as alternate history, could occur somewhere in the multiverse, as long as it is consistent with the laws of physics.]

Regardless of whether the SOL is being violated, quantum computers today routinely use quantum entanglement to link qubits, enabling them to function as an interconnected system. By leveraging the unique properties of quantum mechanics—superposition, entanglement, and interference—quantum computers can simultaneously explore an immense number of possible solutions, making computations that are impossible for classical computers.

Google’s Willow quantum chip demonstrated this capability by solving the Random Circuit Sampling (RCS) problem, a benchmark designed specifically to showcase the computational supremacy of quantum systems over classical ones. Willow’s ability to complete this test error-free marks a milestone not just in quantum computing but in our understanding of the potential of computers.

Random Circuit Sampling Benchmark Test

Here’s a simplified explanation of the RCS benchmark test. Imagine navigating an incredibly complex maze filled with twists, turns, and countless random paths. The goal of the RCS test is to “map” this maze by randomly exploring all of its paths and recording where each one leads.

In quantum computing the “maze” represents a random quantum circuit. A quantum circuit is like a recipe composed of gates—building blocks that dictate how qubits interact and evolve. In the RCS test, these gates are arranged randomly, creating a circuit of immense complexity. The “map” of this circuit is the output: a set of results generated based on probabilities defined by the random arrangement of gates. The test is about “sampling” these outputs multiple times to uncover the circuit’s overall behavior.

For non-quantum chip computers to simulate this process, they must calculate every possible path through the maze, one at a time. The complexity of possible paths grows exponentially as the various alternative combine. Even using today’s supercomputers the calculation can require an unimaginable amount of time—potentially up to septillions of years.

The RCS test is designed to showcase quantum computers’ ability to tackle tasks that are practically impossible for classical systems. While the test itself doesn’t solve a “real-world” problem, it serves as a performance benchmark to demonstrate the mind-boggling computational power of quantum machines.

Until recently, this was all theoretical. Building a quantum chip capable of solving the RCS test without overwhelming errors had never been achieved. Noise—external interference from particles and vibrations—created too many errors for the results to be usable. However, in December 2024, Google announced that Willow had overcome the noise issue. By scaling up the number of qubits and implementing real-time error correction, Willow successfully completed the test.

This breakthrough means quantum computers may soon be able to leverage superposition and quantum interference to perform previously impossible computer tasks. By harnessing quantum entanglement, qubits can maintain correlations and work together as a unified system, enabling quantum computers to explore numerous paths through the maze simultaneously and sample outputs at seemingly impossible speeds.

These advancements make otherwise impossible computer tasks possible. Quantum computing holds the potential to revolutionize fields such as environmental modeling, chemistry, material science, medicine, cybersecurity (a very troubling thought), artificial intelligence, and even the creation of reality simulations. This adds some support for Elon Musk’s claim there is a 99% chance that we are already living in a simulated reality generated by an advanced alien civilization. The idea that we are all just computer generated avatars living in a fake world seems like sensational media fiction to me but large-scale quantum computers could soon bring ideas like that closer to our current universe realities.

Multiverse Metaphysics

The multiverse theory, which some argue is now much more viable due to Google’s quantum computer, has many challenging philosophical implications. Perhaps the most fascinating is the idea that our reality, our universe, is just one among countless others, potentially infinite in number. This challenges our perception of ourselves as unique and our universe as the only reality, suggesting instead that we are just one small part of an unfathomably vast and complex existence. In some ways this is even weirder than Musk’s belief we are living in a simulated reality—a kind of cosmic deepfake.

Picture a reality where every possible outcome of every quantum event plays out in a separate universe. Every decision you make, every path you don’t take, could be unfolding in parallel timelines, creating alternate versions of yourself. Multiverse metaphysics challenges our traditional understanding of identity and free will. If every choice creates a new branching timeline, does our sense of individuality and free-will still make sense? Or are we just one version of countless others diverging infinitely in a meaningless multiverse?

The multiverse also forces us to rethink our understanding of time. One model suggests that these parallel universes exist across vast stretches of space, each potentially originating from its own Big Bang. This implies that time may not be the linear flow we perceive but rather a multidimensional web, where past, present, and future coexist simultaneously. Personally, I wouldn’t be surprised if this turns out to explain phenomena like quantum entanglement—Einstein’s “spooky action at a distance.” Is this what Helmut Neven is referring to when he TED Talks about his quantum computer creating nearly perpetual motion time crystals? Supra at 4:55 of 11:39.

While these concepts might sound like science fiction, advancements in quantum computing, such as Google’s Willow, could provide the tools to explore them scientifically. Some physicists believe that anomalies in the cosmic microwave background radiation—remnants of the Big Bang—might offer indirect evidence of the multiverse. Could this also lend credence to Musk’s speculation that we’re living in a computer simulation? If that’s the case, does it mean we’re at the mercy of some cosmic programmer who might press the reset button at any moment? (For the record, I doubt very much the Musk-supported scenario—though the thought is undeniably unsettling.)

For more on the far-out philosophical implications of the quantum world and the multiverse, check out Neli deGrasse Tyson’s conversation with theoretical physicist Sean Carroll below. Also see Sean Carroll’s recent books, Quanta and Fields: The Biggest Ideas in the Universe (Dutton, 2024) and Something Deeply Hidden: Quantum Worlds and the Emergence of Spacetime (Dutton, 2019), and videos.

The multiverse theory has its share of critics, and skepticism remains widespread among scientists. Yet, even if concrete evidence for parallel universes eludes us, the mere exploration of these ideas expands the boundaries of our understanding of reality. Such inquiries challenge us to confront profound questions about existence and the nature of the universe itself. One thing is certain: quantum computers like Willow compel us to reevaluate our perceptions of what is real. Could Hartmut Neven or Sean Carrol be the heretical Galileo of our time?

As for me, I lean toward perspectives grounded in self-determination and objective truth. I find it hard to accept that every quantum event, such as the collapse of a probability wave during measurement, results in the creation of an entirely new universe. Likewise, I’m skeptical of the idea that each decision we make spawns a new universe, though I do believe we create our own reality within this universe. My belief aligns closely with the concept of free will. I’m also intrigued by the idea that multiple universes could exist simultaneously and that quantum particles might somehow traverse between them. The idea that quantum computers might leverage these connections across universes to perform their calculations is consistent with these musings, suggesting that the interplay between quantum mechanics and multiverses may offer profound insights into the fabric of reality.

But can we communicate and receive intelligent data from other universes? Can we engineer practical applications that use parallel universes? Helmut Neven stated in his TED Talk that the quantum computer his team at Google created can be thought of as creating tiny, transverse-able wormholes between universes. Supra at 4:20 of 11:39. Quantum computers might not create new universes, but they could hypothetically create bridges between them. Perhaps interaction with other universes is what Google’s Willow is now doing.

This idea challenges the traditional worldview of mainstream scientists, which is centered on a single universe and the foundational power of measurements to determine outcomes. (As mentioned, this reliance on the seemingly magical power of measurement or human observation to explain quantum behavior comes across as an irrational shortcut to me, and many others, a product of the early Twentieth Century worldview.) Whatever the explanation, it is clear that Willow now operates successfully, defying conventional expectations and hinting at possibilities that push the boundaries of our current understanding.

According to Google, now that it has proof of concept on what a few chips can do it will start construction of large stacks of super-cooled quantum computers. What happens when it uses the power of a million quantum qubits? Google’s goal is to begin releasing practical applications by the end of this decade—perhaps sooner with AI’s help. It’s closest competitors in this field-IBM , Amazon, Microsoft and others, might not be far behind. Quantum computation is yet another dramatic agent of change. The future is moving fast.

Dark Side of Quantum Computers

Unfortunately, the future of quantum computers also has a dark side, much like AI. Privacy will be vulnerable as new cybersecurity attack weapons are made possible. All non-quantum encryption codes could easily be cracked and all communications and financial systems vulnerable, especially bit-coins. China is well aware of the weaponization potentials of both AI and quantum. They have a history of trade-secret theft from U.S. companies and are certainly now focused on stealing Google’s latest breakthrough to boost their own impressive efforts. Just before Google’s December 9, 2024, announcement of the Willow breakthrough China claimed their latest quantum chip, the Tianyan-504, had the same capacities as Google’s Willow. I suspect that impacted the timing of Google’s announcement.

The U.S. Department of Defense, NSA and big-tech companies are well aware of the new threats that quantum computing creates. Consider for instance the U.S. Department of Defense unclassified Report to Congress, Military and Security Developments Involving the People’s Republic of China dated 12/18/24:

The PLA is pursuing next-generation combat capabilities based on its vision of future conflict, which it calls “intelligentized warfare,” defined by the expanded use of AI, quantum computing, big data, and other advanced technologies at every level of warfare. . . .

Judging from the build out of the PRC’s quantum communication infrastructure, the PLA may leverage integrated quantum networks and quantum key distribution to reinforce command, control, and communications systems. . . .

In 2021, Beijing funded the China Brain Plan, a major research project aimed at using brain science to develop new biotechnology and AI applications. That year, the PRC designed and fabricated a quantum computer capable of outperforming a classical high-performance computer for a specific problem. The PRC was domestically developing specialized refrigerators needed for quantum computing research in an effort to end reliance on international components. In 2017, the PRC spent over $1 billion on a national quantum lab which will become the world’s largest quantum research facility when completed.

The 2025 National Defense Authorization Act that passed on December 9, 2012, leaves no doubt that the incoming Trump Administration will continue, if not accelerate, current DOD efforts in quantum computing. See e.g. Section Sec. 243 of the Act, aka the Quantum Scaling Initiative.

No one knows how much Elon Musk will influence such policies, but we do know he understands the impact of Google’s announcement and publicly praised Google’s CEO, Sundar Pichai, for the achievement. Pichai replied to Musk on X that: We should do a quantum cluster in space with Starship one day 🙂. (Note that China has had a quantum chip in space since 2016 to study secure communications and in October 2024 announced plans for several more in 2025. China to launch new quantum communications satellites in 2025, 10/08/24). Musk immediately replied affirmatively on X to Sundar and even upped the ante by saying:

That will probably happen. Any self-respecting civilization should at least reach Kardashev Type II. In my opinion, we are currently only at <5% of Type I. To get to ~30%, we would need to place solar panels in all desert or highly arid regions.

Unpacking the rest of Musk’s quote would require another article, let’s just say Kardashev has to do with technological progress and level of energy production. Level two refers to solar energy where a civilizations uses their star’s energy through a device such as a Dyson sphere shown below.

Conclusion

I decided you might enjoy my delegation of the final words to not-yet-quantum-powered AIs from Google. Perhaps in another universe, you’d hear my own thoughts wrapping this up, but for now, count yourself lucky to be conscious in this one. My AI podcasters bring humor and insight, though they’re far from Godlike—so I still need to guide and verify them. What’s new, however, is the interactivity feature Google recently added to the podcasters. In this session, you’ll hear wacky versions of me near the end interrupt to ask questions and the AIs’ spontaneous responses. It’s fascinating to imagine what quantum-powered AIs might say or do in the future. Click here or on the graphic below to go to the EDRM podcast.

Ralph Losey Copyright 2024. All Rights Reserved.


Prosecutors and AI: Navigating Justice in the Age of Algorithms

August 30, 2024

Ralph Losey. Published August 30, 2024.

AI has the potential to transform the criminal justice system through its ability to process vast datasets, recognize patterns, and predict outcomes. However, this potential comes with a profound responsibility: ensuring that AI is employed in ways that uphold basic human principles of justice. This article will focus on how AI can assist prosecutors in fulfilling their duty to represent the people fairly and equitably. It will highlight the practical benefits of AI in criminal law, providing specific examples of its application. The underlying theme emphasizes the necessity of human oversight to prevent the misuse of AI and to ensure that justice remains a human ideal, not an artificial construct.

The integration of AI into criminal prosecutions must be aligned with the ethical and legal obligations of prosecutors as outlined, for instance, by the American Bar Association’s Criminal Justice Standards for the Prosecution Function (ABA, 4th ed. 2017) (hereinafter “ABA Standards”). The ABA Standards emphasize the prosecutor’s duty to seek justice, maintain integrity, and act with transparency and fairness in all aspects of the prosecution function. This article will not cover the indirectly related topics of AI evidence. See Gless, Lederer, Weigend, AI-Based Evidence in Criminal Trials? (William & Mary Law School, Winter 2024). It will also not cover criminal defense lawyer issues, but maybe in a followup soon.

The Promise of AI in Criminal Prosecutions

The primary duty of the prosecutor is to seek justice within the bounds of the law, not merely to convict.” ABA Standard 3-1.2(b). When AI is used responsibly, it can assist prosecutors in fulfilling this duty by providing new tools. The AI powered tools can enhance evidence analysis, case management, and decision-making, all while maintaining the integrity and fairness expected of the prosecution function. Prosecutors with AI can better manage the vast amounts of data in modern investigations, identify patterns that might escape human detection, and make more informed decisions. It is no magic genie, but when used properly, can be a very powerful tool.

The National Institute of Justice in March 2018 sponsored a workshop of prosecutors from around the country that identified data and technology challenges as a high-priority need for prosecutors. According to the report by the Rand Corporation on the conference entitled, Prosecutor Priorities, Challenges, and Solutions (“Rand Report“) the key findings of the prestigious group were: (1) difficulties recruiting, training, managing, and retaining staff, (2) demanding and time-consuming tasks for identifying, tracking, storing, and disclosing officer misconduct and discipline issues, and (3) inadequate or inconsistent collection of data and other information shared among agencies . . . as well as by emerging digital and forensic technologies. The full Rand Report PDF may be downloaded here. The opening summary states:

Prosecutors are expected to deliver fair and legitimate justice in their decision making while balancing aspects of budgets and resources, working with increasingly larger volumes of digital and electronic evidence that have developed from technological advancements (such as social media platforms), partnering with communities and other entities, and being held accountable for their actions
and differing litigation strategies. . . .

Moreover, the increasing volume of potentially relevant digital information, video footage, and other information from technological devices and tools can significantly add to the amount of time needed to sufficiently examine and investigate the evidence in order to make decisions about whether to drop or pursue a case. This can be especially challenging because the staffing and other resources in prosecutors’ offices have not necessarily kept pace with these increasing demands.

Although the amount of digital information that prosecutors must sometimes sift through can be managed, in part, through innovative technological tools, such as data mining and data reduction solutions (Al Fahdi, Clarke, and Furnell, 2013; Quick and Choo, 2014), there are often steep learning curves or high costs that make it unrealistic for an office to implement these technologies.

Rand Report, pages 1-3.

Also see the excellent Duke Law sponsored one hour panel discussion video, The Equitable, the Ethical and the Technical: Artificial Intelligence’s Role in The U.S. Criminal Justice System for a comprehensive discussion of issues as of November 2021, just before the development and release of the new generative models of AI a year later.

e-Discovery, Evidence Analysis and Case Management

As the Rand Report confirms, the sheer volume of evidence in complex criminal investigations is a significant challenge for prosecutors. Also see: Tinder Date Murder Case Highlights the Increasing Complexity of eDiscovery in Criminal Investigations: eDiscovery Trends (e-Discovery Daily, 6/15/18). AI can analyze vast datasets—such as emails, text messages, and internet activity logs—to identify patterns indicative of criminal activity, but the software can be expensive and requires trained technology experts. AI algorithms can recognize specific types of evidence, such as images, sentiments, or key concepts relevant in many cases. They can help prosecutors identify patterns and connections within the evidence that might not be immediately apparent to human investigators. This capability can significantly reduce the time needed to search and study evidence, enabling prosecutors to build stronger cases more efficiently.

But, as the Rand Report also makes clear, prosecutors need adequate funding and trained personnel to purchase and use these new tools. Fortunately generative AI is substantially less expensive that the older models of AI and easier to use. Still, issues of fairness and guardrails against discrimination in their use remain as significant problems. There are also very significant privacy issues inherent in predictive policing. David Ly, Predictive Policing: Balancing Innovation and Ethics (The Fast Mode, 8/15/24); Arjun Bhatnagar, The Threat of Predictive Policing to Data Privacy and Personal Liberty (Dark Reading, 12/27/22).

Use of AI evidence search and classification tools such as predictive coding, which are well established in civil litigation, should be used more widely used soon in criminal law. The high costs involved are now plummeting and should soon be affordable to most prosecutors. They can drastically reduce the time needed to search and analyze large volumes of complex data. Still, budgets to hire trained personnel to operate the new tools must be expanded. AI can complement, but not entirely replace, human review in what I call a hybrid multimodal process. Ralph Losey, Chat GPT Helps Explains My Active Machine Learning Method of Evidence Retrieval (e-Discovery Team, 1/28/23). Human experts on the prosecutor’s team should always be involved in the evidence review to ensure that no critical information is missed.

Transparency and accountability are also crucial in using AI in discovery. Defense attorneys should be provided with a detailed explanation of how these tools were used. This is essential to maintaining the fairness and integrity of the discovery process, ensuring that both sides have equal access to evidence and can challenge the AI’s conclusions if necessary.

AI also plays a crucial role in case management. AI-powered tools can help prosecutors organize and prioritize cases based on the severity of the charges, the availability of evidence, and the likelihood of a successful prosecution. These tools can assist in tracking deadlines, managing court calendars, and ensuring that all necessary court filings are completed on time. By streamlining these administrative tasks, AI allows prosecutors and their assistants to concentrate on the substantive aspects of their work—pursuing justice. It also helps them deal with the omnipresent staff shortage issues.

Bias Detection and Mitigation

Bias in prosecutorial decision-making—whether conscious or unconscious—remains a critical concern. ABA Standards state:

The prosecutor should not manifest or exercise, by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, gender identity, or socioeconomic status. A prosecutor should not use other improper considerations, such as partisan or political or personal considerations, in exercising prosecutorial discretion. A prosecutor should strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice when credibly informed that it exists within the scope of the prosecutor’s authority.

ABA Standards 3-1.6(a).

AI can play a crucial role in detecting and mitigating such biases, helping prosecutors adhere to the mandate that they “strive to eliminate implicit biases, and act to mitigate any improper bias or prejudice” within their scope of authority.

AI systems also offer the potential to detect and mitigate unconscious human bias in prosecutorial decision-making. AI can analyze past prosecutorial decisions to identify patterns of bias that may not be immediately apparent to human observers. By flagging these patterns, AI can help prosecutors become aware of their biases in their office and take corrective action.

Prosecutors should use care in the selection and use of AI systems. If they are trained on biased data, they can perpetuate and even amplify existing disparities in the criminal justice system. For instance, an AI algorithm used to predict recidivism, if trained on data reflecting historical biases—such as the over-policing of minority communities—may disproportionately disadvantage these communities. AI systems used in criminal prosecutions should be designed to avoid this bias.

The software purchased by a prosecutor’s office should be chosen carefully, ideally with outside expert advice, and rigorously tested for bias and other errors before deployment. Alikhademi, K., Drobina, E., Prioleau, D. et al.A review of predictive policing from the perspective of fairness Artif Intell Law 30, 1–17 (2022) (“[T]he pros and cons of the technology need to be evaluated holistically to determine whether and how the technology should be used in policing.”) There should also be outside community involvement. Artificial Intelligence in Predictive Policing Issue Brief (NAACP, 2/15/24) (NAACP’s four recommendations: independent oversight; transparency and accountability; community engagement; ban use of biased data; new laws and regulations).

Prosecutors should not fall into a trap of overcompensating based on statistical analysis alone. AI is a limited tool that, like humans, makes errors of its own. Its use should be tempered by prosecutor experience, independence, intuition and human values. When we use AI in any context or field it should be a hybrid relationship where humans remain in charge. From Centaurs To Cyborgs: Our evolving relationship with generative AI (e-Discovery Team, 4/24/24) (experts recommend two basic ways to use AI, both hybrid, where the unique powers of human intuition are added to those of AI). AI can also help prosecutors make objective decisions on charging and sentencing by providing statistically generated recommendations, again with the same cautionary advice on overreliance.

Sentencing Recommendations and Predictive Analytics

The use of AI in predictive analytics for sentencing is among the most controversial applications in criminal law. AI systems can be trained to analyze data from past cases and make predictions about the likelihood of a defendant reoffending or suggest appropriate sentences for a given crime. These recommendations can then inform the decisions of judges and prosecutors.

Predictive analytics has the potential to bring greater consistency and objectivity to sentencing. By basing recommendations on data rather than individual biases or instincts, AI can help reduce disparities and ensure similar cases are treated consistently. This contributes to a more equitable criminal justice system.

While AI can bring greater consistency to sentencing, prosecutors must ensure that AI-generated recommendations comply with their “heightened duty of candor” and the overarching obligation to ensure that justice is administered equitably.

In light of the prosecutor’s public responsibilities, broad authority and discretion, the prosecutor has a heightened duty of candor to the courts and in fulfilling other professional obligations.

ABA Standard 3-1.4(a)

The use of AI in sentencing raises important ethical questions. Should AI make predictions about a person’s future behavior based on their past? What if the data used to train the AI is biased or incomplete? How can we ensure that AI-generated recommendations are not seen as infallible but are subject to critical scrutiny by human decision-makers?

These concerns highlight the need for caution. While AI can provide valuable insights and recommendations, it is ultimately the responsibility of human prosecutors and judges to make the final decisions. AI should be a tool to assist in the pursuit of justice, not a replacement for human judgment.

Predictive Policing

Predictive policing uses algorithms to analyze massive amounts of information in order to predict and help prevent potential future crimes. Tim Lau, Predictive Policing Explained (Brennan Center for Justice, 11/17/21). This is an area where old AI (before advent of generative AI) has been embraced by many police departments worldwide, including the E.U. countries, but also China and other repressive regimes. Many prosecutors in the U.S. endorse it, but it is quite controversial and hopefully will be improved by new models of generative AI. The DA’s office wants to use predictive analytics software to direct city resources to ‘places that drive crime.’ Will it work? (The Lens, 11/15/23). In theory, by analyzing data on past crimes—such as the time, location, and nature of the offenses—AI algorithms can predict where and when future crimes are likely to occur. The majority of reports say this already works. But what of the minority reports? They contest the accuracy of these predictions using old AI models. Some say they are terrible at it. Sankin and Mattu, Predictive Policing Software Terrible At Predicting Crimes (Wired, 10/2/23). There is widespread concern of growing misuse, especially in countries that have politicized prosecutorial systems.

Still, in theory this kind of statistical analysis should be able to help honest law enforcement agencies allocate resources more effectively, enabling police to prevent crime before it happens. See generally, Navigating the Future of Policing: Artificial Intelligence (AI) Use, Pitfalls, and Considerations for Executives (Police Chief Magazine, 4/3/24).

All prosecutors, indeed. all citizens, want to be smart when it comes to crime, we all want “more police officers on the street, deployed more effectively. They will not just react to crime, but prevent it.” Kamala Harris (Author) and Joan Hamilton, Smart on Crime: A Career Prosecutor’s Plan to Make Us Safer (Chronicle Books, 2010).

The Los Angeles Police Department (LAPD) was one of the first to use predictive policing software, which was known as PredPol (now Geolitica). It identified areas of the city at high risk for certain types of crime, such as burglaries or auto thefts. The software analyzed data on past crimes and generated “heat maps” that indicate where crimes are most likely to occur in the future. This guided patrols and other law enforcement activities. PredPol proved to be very controversial. Crime Prediction Software Promised to Be Free of Biases. New Data Shows It Perpetuates Them (The Markup, 12/2/21). Its use was discontinued by the LAPD in 2020, but other companies claim to have corrected the biases and errors in the programs. See Levinson-Waldman and Dwyer, LAPD Documents Show What One Social Media Surveillance Firm Promises Police (Brennan Center for Justice, 11/17/21).

Another type of predictive policing software was adopted by the NYPD called Patternizr. According to the Wikipedia article on predictive policing:

The goal of the Patternizr was to help aid police officers in identifying commonalities in crimes committed by the same offenders or same group of offenders. With the help of the Patternizr, officers are able to save time and be more efficient as the program generates the possible “pattern” of different crimes. The officer then has to manually search through the possible patterns to see if the generated crimes are related to the current suspect. If the crimes do match, the officer will launch a deeper investigation into the pattern crimes.

See Molly Griffard, A Bias-Free Predictive Policing Tool?: An Evaluation of the Nypd’s Patternizr (Fordham Urban Law Journal, December 2019). 

While predictive policing has been credited with reducing crime in some areas, it has also been criticized for potentially reinforcing existing biases. If the data used to train the AI reflects a history of over-policing in certain minority communities, the algorithm may predict those communities are at higher risk for future crimes, leading to even more policing in those areas. This, in turn, can perpetuate a cycle of discrimination and injustice. See e.g. Taryn Bates, Technology and Culture: How Predictive Policing Harmfully Profiles Marginalized People Groups (Vol. 6 No. 1 (2024): California Sociology Forum).

To address these concerns, predictive policing algorithms must be designed with fairness in mind and subject to rigorous oversight. David Stephens, Forecasting Justice: The promise of AI-enhanced law enforcement (Police1, 1/27/24). I endorse the conclusions of Chief Deputy David Stephens made in his Forecasting Justice article:

Projecting into the next decade, AI will be an integral part of law enforcement — from crime prediction and real-time decision aids to postincident analysis. These technologies could lead to smarter patrolling, fewer unnecessary confrontations and overall enhanced community safety. However, this vision can only materialize with rigorous oversight, consistent retraining and an undiluted focus on civil liberties and ethics. Law enforcement’s AI-driven future must be shaped by a symbiotic relationship where technology amplifies human judgment rather than replacing it. The future promises transformative advances, but it’s imperative that the compass of integrity guide this journey.

The latest versions of predictive policing technology will certainly use new generative AI enhanced analysis. Law enforcement should be very careful in the purchase and implementation of these new technologies. They should seek the input of outside experts and carefully examine vendor representations. That should include greater vendor transparency, such as disclosure of the data used to train these systems to confirm that it is representative and unbiased. Proper methods of implementation of the AI tools should also be carefully considered. In my view and others this mean adopting a hybrid approach that “amplifies human judgment rather than replacing it.”

Sentiment Analysis in Jury Selection

Another trending application of AI in criminal law is the use of sentiment analysis in jury selection. Sentiment analysis is a type of AI that can analyze text or speech to determine the underlying emotions or attitudes of the speaker. In jury selection, sentiment analysis can analyze potential jurors’ public records, especially social media posts, as well as their responses during voir dire—the process of questioning jurors to assess their suitability for a case. It can also monitor unfair questions of potential jurors by prosecutors and defense lawyers. See Jo Ellen Nott, Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire (Criminal Legal News, December 2023). Also see AI and the Future of Jury Trials (CLM, 10/18/23).

For example, an AI-powered sentiment analysis tool could analyze the language used by potential jurors to identify signs of bias or prejudice that might not be immediately apparent to human observers. This information could then be used by prosecutors and defense attorneys to make more informed decisions about which jurors to strike or retain.

While sentiment analysis has the potential to improve jury selection fairness, it also raises ethical questions. Should AI influence juror selection, given the potential for errors or biases in the analysis? How do we ensure AI-generated insights are used to promote justice, rather than manipulate the selection process?

These questions underscore the need for careful consideration and oversight in using AI in jury selection. AI should assist human decision-makers, not substitute their judgment.

AI in Plea Bargaining and Sentencing

AI can also play a transformative role in plea bargaining and sentencing decisions. Plea bargaining is a critical component of the criminal justice system, with most cases being resolved through negotiated pleas rather than going to trial. AI can assist prosecutors in evaluating the strength of their case, the likelihood of securing a conviction, and the appropriate terms for a plea agreement. See: Justice Innovation Lab, Critiquing The ABA Plea Bargaining Principles Report (Medium, 2/1/24); Justice Innovation Lab, Artificial Intelligence In Criminal Court Won’t Be Precogs (Medium, 10/31/23) (article concludes with “Guidelines For Algorithms and Artificial Intelligence In The Criminal Justice System“).

For example, AI algorithms can analyze historical data from similar cases to provide prosecutors with insights into the typical outcomes of plea negotiations, considering factors such as the nature of the crime, the defendant’s criminal history, and the available evidence. This can help prosecutors make more informed decisions on plea deal offers.

Moreover, AI can assist in making sentencing recommendations that are more consistent and equitable. Sentencing disparities have long been a concern in the criminal justice system, with studies showing that factors such as race, gender, and socioeconomic status can influence sentencing outcomes. AI has the potential to reduce these disparities by providing sentencing recommendations based on objective criteria rather than subjective judgment. Keith Brannon, AI sentencing cut jail time for low-risk offenders, but study finds racial bias persisted (Tulane Univ., 1/23/24); Kieran Newcomb, The Place of Artificial Intelligence in Sentencing Decisions (Univ. NH, Spring 2024).

For instance, an AI system could analyze data from thousands of past cases to identify typical sentences imposed for specific crimes, accounting for relevant factors like the severity of the offense and the defendant’s criminal record. This information could then be used to inform sentencing decisions, ensuring that similar cases are treated consistently and fairly.

However, using AI in plea bargaining and sentencing also raises significant ethical considerations. The primary concern is the risk of AI perpetuating or exacerbating existing biases in the criminal justice system. If the data used to train AI systems reflects historical biases—such as harsher sentences for minority defendants—AI’s recommendations may inadvertently reinforce those biases.

To address this concern, AI systems used in plea bargaining and sentencing must be designed with fairness and transparency in mind. This includes ensuring that the data used to train these systems is representative and free from bias and providing clear explanations of how the AI’s recommendations were generated. Moreover, human prosecutors and judges must retain the final authority in making plea and sentencing decisions, using AI as a tool to inform their judgment rather than a substitute for it. It is important that AI systems be chosen and used very carefully in part because “the prosecutor should avoid an appearance of impropriety in performing the prosecution function.” ABA Standard 3-1.2(c)

Ethical Implications of AI in Criminal Prosecutions

While the potential benefits of AI in criminal law are significant, it is equally important to consider the ethical implications of integrating AI into the criminal justice system. AI, by its very nature, raises questions about accountability, transparency, and the potential for misuse—questions that must be carefully addressed to ensure AI is used in ways that advance, not hinder, the cause of justice.

As we integrate AI into criminal prosecutions, it is essential that we do so with a commitment to the principles articulated in the ABA’s Criminal Justice Standards. By aligning AI’s capabilities with these ethical guidelines, we can harness technology to advance justice while upholding the prosecutor’s duty to act with integrity, fairness, and transparency.

Transparency and Accountability

One of the most pressing ethical concerns is the issue of transparency, which we have mentioned previously. AI algorithms are often referred to as “black boxes” because their decision-making processes can be difficult to understand, even for those who design and operate them. This lack of transparency can be particularly problematic in criminal prosecutions, where the stakes are incredibly high, and the consequences of a wrong decision can be severe. A ‘black box’ AI system has been influencing criminal justice decisions for over two decades – it’s time to open it up (The Conversation, 7/26/23) (discusses UK systems).

For example, if an AI system is used to predict the likelihood of a defendant reoffending, it is crucial that the defendant, their attorney, and the judge understand how that prediction was made. Without transparency, challenging the AI’s conclusions becomes difficult, raising concerns about due process and the right to a fair trial.

To address this issue, AI systems used in criminal prosecutions must be designed to be as transparent as possible. This includes providing clear explanations of how AI’s decisions were made and ensuring that the underlying data and algorithms are accessible for review and scrutiny. There is federal legislation that has been pending for years that would require this, the Justice in Forensic Algorithms Act. New bill would let defendants inspect algorithms used against them in court (The Verge, 2/15/24) (requires disclosure of source code). Moreover, the legal community must advocate for developing AI systems prioritizing explainability and interpretability, ensuring that the technology is effective, accountable, and understandable.

Fairness and Bias

Another ethical concern is, as mentioned, the potential for AI to be used in ways that exacerbate existing inequalities in the criminal justice system. For example, there is a risk that AI could justify more aggressive policing or harsher sentencing in communities already disproportionately targeted by law enforcement. This is why AI systems must be designed with fairness in mind and their use subject to rigorous oversight. Look beyond vendor marketing claims to verify with hard facts and independent judgments.

Ensuring fairness requires that AI systems are trained on representative and unbiased data. It also necessitates regular audits of AI systems to detect and mitigate any biases that may arise. Additionally, AI should not be the sole determinant in any criminal justice decision-making process; human oversight is essential to balance AI’s recommendations with broader considerations of justice and equity. For instance, the NYPD represents that its widespread use of AI driven facial recognition technology in criminal investigations “does not establish probable cause to arrest or obtain a search warrant, but serves as a lead for additional investigative steps.” NYPD Questions and Answers – Facial Recognition, and see the NYPD official patrol guide dated 3/12/20.

Human Judgment and Ethical Responsibility

The deployment of AI in criminal prosecutions also raises important questions about the role of human judgment in the justice system. While AI can provide valuable insights and recommendations, it is ultimately human prosecutors, judges, and juries who must make the final decisions. This is because justice is not just about applying rules and algorithms—it is about understanding the complexities of human behavior, weighing competing interests, and making moral judgments.

AI, no matter how advanced, cannot replicate the full range of human judgment, and it should not be expected to do so. Instead, AI should be seen as a tool to assist human decision-makers, providing them with additional information and insights that can help them make more informed decisions. At the same time, we must be vigilant in ensuring that AI does not become a crutch or a substitute for careful human deliberation, judgment and equity.

Conclusion

The integration of AI into criminal prosecutions holds the promise of advancing the cause of justice in profound and meaningful ways. To do so we must always take care that applications of AI follow the traditional principles stated in the Criminal Justice Standards for the Prosecution Function and other guides of professional conduct. By aligning AI’s capabilities with ethical guidelines, we can harness technology in a manner that advances the prosecutor’s duty to act with integrity, fairness, and transparency.

With these cautions in mind, we should boldly embrace the opportunities that AI offers. Let us use AI as a tool to enhance, not replace, human judgment. And let us work together—lawyers, technologists, and policymakers—to ensure that the use of AI in criminal prosecutions advances the cause of justice for all.

Ralph Losey Copyright 2024 — All Rights Reserved