AI-Written Legislation in Porto Alegre

City Councilman Ramiro Rosário’s Use of ChatGPT

In a groundbreaking move in legislative processes, City Councilman Ramiro Rosário of Porto Alegre made history by turning to artificial intelligence for assistance in drafting a new city ordinance. Rosário used ChatGPT, an AI chatbot developed by OpenAI, to create a legislative proposal aimed at addressing a specific issue within the municipality. His revolutionary approach leveraged the capabilities of AI to formulate legal text, a task typically reserved for human lawmakers or legal experts.

Unanimous Passing of the Ordinance

The proposal artfully crafted by ChatGPT and put forward by Rosário was well-received by the Porto Alegre City Council, garnering universal support. The council consists of 36 members, each representing differing backgrounds and political ideologies. Despite these differences, the ordinance was approved without any opposition, illustrating a unanimous agreement on the content of the legislation. The acceptance of the AI-authored proposal reflects the proposal's quality and the alignment of its provisions with the council's objectives.

Non-disclosure of AI’s Involvement in Drafting

Rosário chose to withhold the fact that an AI chatbot was behind the drafting of the legislation during the deliberation and voting process. He believed disclosing the use of ChatGPT might prejudice the council members and potentially derail the adoption of the ordinance. According to Rosário, the unconventional means of drafting the document could have overshadowed its merits and practical implications for the city's residents, thereby stifling an unbiased evaluation based on its content alone.

Ordinance to Address Theft of Water Consumption Meters

The content of the ordinance was focused on a pressing civic concern: the theft of water consumption meters. This issue had imposed an undue financial burden on the taxpayers of Porto Alegre, who until then were responsible for the cost of replacing stolen meters. The new legislation sought to alleviate this burden by preventing the city from charging its residents for the replacement of these meters if theft occurs. The approval of such a proposition uplifted the community by offering a fair solution to a problem many faced, reinforcing the value of the city council's decision. By effectively addressing this issue through AI-assisted legislation, the city council demonstrated its commitment to adopting innovative approaches to governance that prioritize the welfare of its citizens.

Response and Implications of AI Drafting

Hamilton Sossmeier’s Initial Reaction

Upon learning of the AI's role in the legislative process, the council president, Hamilton Sossmeier, initially expressed disapproval. The unconventional method, uncharted in the sphere of legislative governance, triggered skepticism within Sossmeier. The way in which the proposal was authored touched the core of traditional legislative practice, consequently stirring a mixed response. However, Sossmeier's stance witnessed a transformation as he delved deeper into the matter. He recognized the potential and emerging trend of AI utilization in various sectors, including legislation. This shift in perspective underscores the dynamic nature of technological integration in societal systems and the evolution of attitudes towards AI's role in policy-making.

Concerns over Transparency and Precedent Setting

Rosário's decision to keep the origin of the proposal's authorship secret until after the vote inevitably sparked concerns over transparency and the precedent it sets for future legislation. The undisclosed use of AI in drafting an ordinance raises questions about ethical practices and the necessity of informed consent from lawmakers when voting on policy. Additionally, it brings to the forefront the discussion of authenticity and human oversight in legal matters. Such an event sets a significant precedent, suggesting that AI could play a more prominent role in the future of lawmaking. This development challenges traditional notions of transparency in the legislative process and provokes a substantive conversation about the integration of artificial intelligence in democracy.

Rosário’s Intention to Spark Debate on AI Use

More profound than the drafting of the legislation itself, Rosário's utilisation of the AI-authored document was strategic and aimed to catalyze discourse regarding AI's place in society. By introducing this ordinance, drafted by AI without prior disclosure, Rosário sought to confront societal norms and ignite a broader discussion about the convergence of technology and human governance. This bold move highlighted the need to consider the implications of AI on policy-making, ethics, and the potential for AI to contribute to public good when employed thoughtfully. Rosário views the inevitable technological revolution not in terms of black and white but through the lens of balanced consideration, emphasizing the dual nature of all tools that serve humanity's progress.

Global Debate over AI in Lawmaking

ChatGPT’s Market Impact and Concerns

The integration of AI like ChatGPT into lawmaking is creating ripples across the globe, signifying a potential shift in the drafting and analysis of legal documents. The impact of such technology on the legal market is profound, suggesting a future where AI assists with tasks that were once the exclusive domain of legal practitioners. Despite its capabilities, the adoption of AI-generated content in lawmaking comes with significant concerns. Legal professionals, including Harvard Law School's Center of Legal Profession, have voiced caution regarding the potential limitations of AI, which may lack the capacity to grasp the nuances and complexities of legal language and precedent.

AI’s Tendency to Generate False Information

As AI's presence grows within the legal sphere, concerns about its accuracy have emerged. Research by tech company Vectara highlights that all chatbots, including sophisticated models like GPT, sometimes introduce false information when summarizing documents. The rate of such inaccuracies can vary, raising questions about the reliability of AI in providing legally sound text. This points to the possibility of misinterpretations and the need for human oversight to ensure the accuracy of legal drafting when AI tools are involved.

Varying Success among Lawmakers Experimenting with AI

Leveraging AI for legislative purposes is not exclusive to Porto Alegre or Councilman Rosário. Lawmakers worldwide are experimenting with AI capabilities, though with varying degrees of success and transparency. For instance, in Massachusetts, State Sen. Barry Finegold employed ChatGPT in writing a bill aimed at regulating AI itself. Although the bill has yet to be voted on, Finegold emphasizes the importance of transparency and acknowledges the inevitability of AI's role in lawmaking. This contrasts with Rosário's approach of not disclosing AI's use, drawing criticism and sparking a debate over the ethical considerations in AI-assisted policy development. As AI continues to penetrate legislative practices, the global debate will likely intensify over its appropriate use and the balance between innovation and traditional lawmaking values.

Perspectives on AI’s Role in Legal Processes

Andrew Perlman’s Caution about ChatGPT’s Limitations

Legal scholars, among them Andrew Perlman, Dean at Suffolk University Law School, have offered a measured perspective on the integration of AI like ChatGPT in legal contexts. In an article for Harvard Law School's Center of Legal Profession, Perlman acknowledged the potential transformative impact of AI-based tools such as ChatGPT, likening it to the advent of the internet. However, he advised caution, noting the limitations of AI when it comes to understanding the intricacies of legal language and the subtleties required for interpreting legal principles and precedents. Perlman warned that reliance on AI for legal analysis could be problematic, particularly in complex cases that demand a thorough legal understanding and human judgment.

Sen. Barry Finegold’s Approach and Call for Watermarking AI Work

Sen. Barry Finegold, a Massachusetts State Senator, has been proactive in acknowledging the potential of AI tools in the legislative process while emphasizing the importance of transparency. Finegold, who has utilized ChatGPT in crafting legislation to regulate AI itself, believes in the utility of AI for handling some lawmaking aspects, such as researching and referencing existing laws. To address the concerns of transparency and origination, he advocates for watermarking work that has been AI-generated. Finegold's stance reflects a recognition of AI's benefits alongside a commitment to maintaining ethical standards and clear disclosure within legal practices.

Shift in Opinion by Council President Sossmeier

Council President Hamilton Sossmeier's journey from initial skepticism to acceptance illustrates the evolving perceptions of AI in legislative drafting. Initial hesitancy toward the disclosure that an AI wrote Porto Alegre's ordinance gave way to a broader acceptance as Sossmeier recognized the trend towards AI integration in lawmaking. His change of heart indicates a growing consensus that AI can play a constructive role in legislative procedures, provided its application is handled with care and foresight.

Adaptation to Technology as an Inevitable Trend

The deliberations in Porto Alegre, Massachusetts, and the legal community at large signal an undeniable shift towards technology adaptation. Experts suggest that the integration of advanced tools like ChatGPT in legal operations is not a mere possibility but an inevitable trend. As such, the legal profession is urged to prepare for this transformation by reconsidering its processes, ensuring ethical standards, maintaining professional responsibility, and protecting data security. Adaptation to AI in legal processes, exemplified by Rosário's AI-drafted ordinance and Finegold's legislation, underscores the blend of innovation and tradition in the pursuit of justice and the effective governance of society.