Superhuman, the technology firm creator of the writing application Grammarly, is confronted with a collective legal challenge regarding an artificial intelligence feature that offered editorial recommendations, implying their origin was from recognized writers and scholars—none of whom had granted permission for their identities to be utilized in the offering.
Julia Angwin, a distinguished investigative reporter who established The Markup, a non-profit journalistic entity focused on the societal ramifications of technology, stands as the sole designated claimant in the legal action. The suit, which refrains from demanding a precise sum in compensation, yet contends that the total reparations for the collective group of claimants surpass $5 million. She, among numerous others, including Stephen King and Neil deGrasse Tyson, was presented through Grammarly’s “Expert Review” utility as a form of digital editorial assistant for patrons.
The national legal action, lodged on Wednesday afternoon in New York’s Southern District, asserts that Angwin, representing herself and other individuals in comparable circumstances, “disputes Grammarly’s illicit appropriation of the appellations and personas of numerous reporters, writers, authors, and editors for the purpose of generating revenue for Grammarly and its proprietor, Superhuman.”
The grievance emerges as Superhuman had previously resolved to cease the functionality due to considerable public outcry. “Following thorough deliberation, we have opted to deactivate Expert Review as we conceptualize the attribute anew to enhance its utility for patrons, simultaneously granting specialists genuine authority over their depiction—or lack thereof,” stated Ailian Gan, Superhuman’s head of product oversight, in a communiqué to WIRED just prior to the filing of the allegation. “Our intention in developing this agent was to assist users in accessing the wisdom of prominent figures and connoisseurs, and to provide these experts with novel avenues to disseminate their expertise and engage fresh audiences. However, based on the input we’ve gathered, it is apparent we misjudged the situation. We offer our apologies and commit to a revised approach moving ahead.”
As WIRED conveyed earlier in the current month, Superhuman, in the prior year, incorporated a collection of AI-driven modules into its system, among them one that claimed to offer critical assessment of a user’s writing from an experienced author (whether alive or deceased). Even though a caveat elucidated that none of the referenced individuals had sanctioned or directly contributed to this utility’s creation, which utilized a foundational large language model, a range of authors, including reporters from WIRED, voiced displeasure regarding Grammarly’s appropriation of their semblances and seemingly reiterating their lifetime achievements via these AI assistants.
Peter Romer-Friedman, Angwin’s legal counsel, asserts that established statutes in New York and California, Superhuman’s operational hub, unequivocally forbid the commercial exploitation of an individual’s identity and image absent their authorization. “From a legal standpoint, we consider this a rather uncomplicated matter,” he informs WIRED. “On a wider scale, a primary impetus for initiating this legal action stems from our observation of societal trends: numerous professionals who invest years, or in Julia’s instance, decades, in refining a particular aptitude or profession, subsequently discover their reputation or capabilities being seized by others without their approval.”
In her capacity as a New York Times opinion contributor, Angwin has frequently authored pieces detailing how major tech entities in Silicon Valley have diminished personal privacy during the 21st century.
“Against the ostensible conviction held by certain technology corporations, it is illegal to commandeer individuals’ names and personas for commercial endeavors, irrespective of their celebrity status,” the legal complaint asserts. “Via this proceeding, Ms. Angwin aims to prevent Grammarly and its proprietor, Superhuman, from exploiting her appellation and those of myriad other journalists, writers, editors, and even legal practitioners, and to halt Grammarly from ascribing utterances they never spoke and counsel they never offered.”
Angwin communicated to WIRED that upon discovering Grammarly’s utilization of her identity and standing through the technology newsletter Platformer, she was astonished to have been, metaphorically speaking, duplicated. “It’s commonly assumed that deepfakes ensnare public figures, not everyday reporters,” she remarked. “My reaction was simply, ‘Are you serious?’”
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