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Can AI discriminate if it can’t justify itself?

Elon Musk’s lawsuit against Colorado raises a deeper philosophical question about artificial intelligence and democracy

When xAI sued the state of Colorado over a law against “algorithmic discrimination” this month, it marked a political stand-off brought on by a rapidly changing technological reality. But more profoundly, the suit raises questions about what it is to be a democracy, and what it is to be human.

The law targets AI systems used in the provision of certain services, including education, housing, health and finance, some of them from the government. In passing it, Colorado lawmakers have defied much of the AI industry as well as the White House’s push for a single federal set of AI rules.

Now Elon Musk’s xAI, which developed the large language model Grok, wants the law struck down because, it alleges, it infringes on the company’s free speech rights and forces it to change Grok to incorporate what it calls the controversial viewpoints of legislators.

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