Expert Witness to ChatGPT: "Show how 3M is 0 percent at fault"

55 pointsposted 9 hours ago
by kristjansson

34 Comments

lucfranken

7 hours ago

How it is made should be irrelevant in the process. There is no way to stop people using LLM’s or other tools to create products like this report.

It should be globally a standard check to verify incoming documents and to determine their validity.

The interesting part on this case is that we see the real human aspect of it. Just asking for a report only finding the positive facts instead of doing real research.

That is an ethics question. When behaving like this (and it happened before LLM’s) it should be seen as an ethics violation. If not done there is no value in those legal procedures anymore.

The facts people have to accept is that the only place to check this is the deliverable. They are lucky now to have found the source, the prompts and the background but so many reports are entered without being so obvious.

It’s a terribly huge and complicated task.

dwroberts

4 hours ago

> How it is made should be irrelevant in the process.

No? If you are employed (or requested in this case I guess) to offer your expert opinion, the expert they want to hear from is you, not someone else you farm your work out to - whether that’s an LLM or another person

pjc50

4 hours ago

Cynically, the purpose of the expert witness is someone to provide something which is treated as fact but isn't subject to penalties of perjury.

jen729w

5 hours ago

You're at work. You need to produce an artefact – a project proposal, say. 100-odd lines of Gantt, costs, that your BD team will send to the client.

You get Copilot to do this for you.

Later at the review meeting, errors are found. A bunch of stuff was missed, the costs were off.

Whose fault is it? Who looks stupid? If it's bad enough, who gets fired?

Arodex

23 minutes ago

>It should be globally a standard check to verify incoming documents and to determine their validity.

And how do you do that? Do you ask... An expert?

Try to think about it.

user

6 hours ago

[deleted]

Terr_

6 hours ago

> How it is made should be irrelevant in the process.

Is that true? Almost all answers have value based on how they were reached, especially when (like this case) there's no trivial and objective verification step.

For example, suppose you live next to a volcano, and I sell you some software that predicts when it will erupt. One day you dig into it and realize I just hard-coded "not today" [0] which is 99.999% accurate.

I think you would be quite angry, and justifiably so... But why would that be if "not today" was correct, and "how it's made is irrelevant to the process?"

Tying it back to the court case, we expect professional witnesses to look at the details and then reach a conclusion, and to reach out based their own professional expert knowledge of cause and effect... Not to pick a conclusion and try to make the details fit, nor to offload executive function to an LLM. Even if they render the same boolean verdict, we care about what process was taken.

[0] https://xkcd.com/221/

drdaeman

5 hours ago

“How” as in “what tool” is a different “how” as in “with what intent”. LLM was used to produce a bunch of arguments supporting a pre-intended outcome. Doesn’t matter much whether it was a machine or a human (and whether it was “expert” himself or a ghostwriter), but it does matter - a lot - how the outcome was the pre-selected and the task was to cherry-pick the facts to support it.

lucfranken

5 hours ago

Totally agree on your example:

> One day you dig into it and realize I just hard-coded "not today" [0] which is 99.999% accurate.

It only becomes visible when you do the research.

The justice process in this example just has to check and verify the inputs. There is no way around it. Today it is this expert, tomorrow another one.

When someone is caught that's an ethical issue and there could be more structural consequences as well. Like blocking the person as an expert or other means. As the expert becomes untrustworthy.

greatgib

3 hours ago

The biggest problem is not really that chatgpt was used but more than the conclusion is decided first and chatgpt is used to find the arguments to support it.

Normal, an expert should look at the facts and elements provided without a predecided result and forge his conviction based on the elements.

Obviously experts might be biased, especially when paid by the company, but it should still be in the understanding and evaluation of documents. Otherwise they are not an expert. They are not "lawyers" with the task to find incriminating or exonerating arguments.

Their testimony should start with something like "in my honest opinion". That is obviously not compatible with taking chatgpt to generate your testimony by asking to prepare arguments that support your customer.

jscd

an hour ago

I find it very interesting that, from what I understand, the LLM use isn’t actually what’s at issue. It’s really just that he worked backwards, beginning with a conclusion and attempting to find evidence towards that end. The LLM chat logs are just a uniquely astounding piece of evidence towards his incompetence.

mishellaneous

2 hours ago

from the point of view of the judge and society, i guess, what matters, ultimately, is whether the arguments presented for a case hold, not where did they come from -- so it shouldn't matter if ChatGPT was the one that came up with the argument if the argument is good. though one could point out that if one particular method of generating arguments tends to generate arguments that take time to analyse but are often enough pointless, we'd save time by not using them.

so assuming that the report will be analysed on its own merits, really, it was 3M who got scammed here, because they paid $475/hr for a guy that was just prompting ChatGPT. i mean, i don't know much about the subject, but that screenshot of the gas detector with the "what am i looking at here"... wow, it looks like i already know enough to be an expert witness. no wonder these people are so drawn to stuff like positive affirmations, when they do make it by faking it.

fblp

7 hours ago

The article is pay walled.. Does it explain why the expert witness shared screenshots of these prompts? Voluntarily or required to?

meinersbur

7 hours ago

https://archive.is/zKgVp

> During discovery in the case, Will Moye, one of the plaintiffs’ attorneys, found a five-page document called “Citation Overlay,” which appeared to have been generated by AI. Moye recognized the Citation Overlay document as being from ChatGPT, and demanded all of the prompts Autenrieth used from 3M’s lawyers. The deposition was paused for three hours while they were gathered, and Moye was given 350 pages of ChatGPT conversations that Autenrieth had when creating the report.

sph

5 hours ago

So he got caught by a keen eye, but could have likely got off scot free, and have his generated report accepted by the court.

phlummox

6 hours ago

https://archive.is/zKgVp

Many paywalls are fairly "soft", and can be got around by visiting an archived version of the page you're interested in, at https://archive.is.

mr_mitm

4 hours ago

Fun fact: archive.is can even bypass a lot of hard paywalls and no one knows for sure how they do it. There's been at least on debate on HN with no clear conclusion: https://news.ycombinator.com/item?id=36060891

They probably use a combination of residential proxies, actually paying for a lot of subscriptions (including lots of small regional publications apparently) and cleverly removing the "My Account" link, referrer shenannigans, and who knows what else.

close04

6 hours ago

On the other hand archive.is is notorious for not working for many people. I am trapped in an endless reCaptcha loop, being repeatedly asked in Thai or in Japanese or any of these random Asian languages to mark "whatever" in the pictures, or being asked to scan QR codes for something, and so on.

r_lee

3 hours ago

the guy who runs it has blocked it for Finland and will have infinite captchas, probably for other countries as well

JCattheATM

3 hours ago

It's probably your browser setup. Try a clean profile.

Sharlin

4 hours ago

This is also another obvious example of misalignment on the part of ChatGPT. If the thing had any semblance of an actual system of ethics, or emulation thereof, it would refuse requests to try to make facts fit a predetermined conclusion. In a legal case, no less!

toasty228

7 hours ago

We're in the meat proxy era, unplug your brain and feed the machines!

I personally know people who ask chatgpt what to eat, to which bar to go, to plan their vacations, it's insanity.

user

7 hours ago

[deleted]

Backslasher

2 hours ago

I hate the expert for not cleaning up the url before sending it over

user

7 hours ago

[deleted]

jauco

7 hours ago

Obligatory link: the whispering earring https://gwern.net/doc/fiction/science-fiction/2012-10-03-yva...

(I couldn’t remember the title or the author. So I asked claude for it of course)

mock-possum

6 hours ago

It’s a fun idea, I do wonder why the artifact is locked away at the end of the story - what harm could come from it?

Then again, I don’t think I’ve ever really needed help being happy - I’d be curious to hear its suggestions, but I’m not sure what it could tell me that I didn’t already know - and further, there would likely be plenty of times where it would make more sense to do the thing that doesnt bring me the most happiness. “Flex your arm by 35%” just doesn’t sound like a plausibly compelling suggestion, and “the ring is never wrong” is really only useful if my sole goal is to maximize my own happiness.

x3n0ph3n3

7 hours ago

My father was an expert witness in construction defect and he told me about some of the times he was hired to produce a report about the causes of some defect or failure and that sometimes the entity that hired him was at fault. He usually wasn't retained for trial in those cases, but it earned him a reputation for honesty.

Seeing these pay-for-opinion "experts" fills me with a deep disgust.

scotty79

7 hours ago

If you let your legal process decide based on rhetoric, you'll have people use AI to generate rhetoric.

OutOfHere

6 hours ago

Why not just bypass the expert and just ask GPT to come to a determination? /s

senectus1

6 hours ago

I hate that this is how AI is being used.. but tbh this is a nothing burger...

This is exactly what a good lawyer/team does.. they argue against what their client is accused of.

a good prosecutor should be able to dismantle the AI argument the same way they would a human argument. just because its AI generated doesn't mean its a corrupting of the process or cheating..

the process is the same either way, its corrupt or broken the same way either way, it works the same way either way.

Sharlin

5 hours ago

This was an EXPERT WITNESS, not an advocate. Though unfortunately (and bizarrely) it appears that in the US, expert witnesses in civil cases can be hired to say whatever the hiring party wants them to say without it being perjury.