Ohio Lawmaker Aims to Outlaw ‘AI Did It’ Defense
An Ohio state lawmaker is working to establish accountability for the use of artificial intelligence, effectively aiming to prevent the use of “it wasn’t me, the AI did it” as a legal defense.State Rep. Thaddeus Claggett, R-Licking County, is pursuing this goal in part by prohibiting AI tools from being granted any form of legal personhood.
The bill gained attention, adn some mockery, after a segment on The Late Show with Stephen Colbert highlighted a provision barring Ohioans from marrying AI partners. Claggett, however, took the jokes in stride, pointing to a recent real-world event: a Japanese woman marrying her AI boyfriend – reportedly the world’s first human-AI marriage.
While acknowledging the “amusing” aspect of this part of his legislation, Claggett emphasizes the larger issue at hand: defining the line between sentience and non-sentience. “It makes no difference the ability of a donkey to speak, that does not make the donkey a human,” he stated.
Claggett foresees a future conflict between the Western legal tradition of individual responsibility and the development of AI that mimics human consciousness. He argues there’s a basic difference between the “imago dei” – the concept of humanity being created in the image of God – and synthetic intelligence, regardless of its sophistication.
ohio House Bill 469 not only prohibits AI marriage but also prevents AI systems from holding decision-making roles in companies or owning property. Crucially, the bill assigns liability for any harm caused by an AI tool to either the user or the developer, ensuring courts can trace responsibility back to a human actor.
“Our courts are not yet set up for the intrusion of fake systems that portray human activity,” Claggett explained. “We have to have the courts…say it is the human who transgressed, not some machine that somebody hid behind.” Though, he clarified that companies wouldn’t be held responsible if their software functions correctly and is misused by others.
Ohio Lawmakers Consider AI Consciousness Disclosure as Chatbots Become More Lifelike
Ohio lawmakers are grappling with the implications of increasingly refined artificial intelligence, particularly concerning the potential for users to attribute consciousness to AI chatbots.Discussions center around the need to protect users by requiring AI systems to clearly disclose their non-human status.
During a recent hearing, Senator Michael Rulli expressed a distinction between sentience and consciousness. He reasoned that while animals are sentient, they aren’t “rational decision makers on matters of importance.” Consciousness, he argued, involves “autonomy, reflective thought, self-awareness.” He anticipates AI companies will emphasize any perceived consciousness in their marketing materials.
To address potential user deception, Senator Rulli suggested Ohio consider provisions from the federal GUARD act (Generating Uniform Access to Reporting on Digital interactions). Introduced by U.S. Senator Josh hawley, the GUARD Act aims to protect children from harmful interactions with AI chatbots, among other provisions. A key requirement of the bill is that AI systems regularly disclose they are not human, a measure Rulli believes “can definitely help break the illusion of consciousness that can be created by extended use of chatbots.” You can find more details about the GUARD Act here: https://www.hawley.senate.gov/hawley-introduces-bipartisan-bill-protecting-children-from-ai-chatbots-with-parents-colleagues/
Representative Brian Claggett acknowledged the feedback and indicated that amendments to the proposed legislation are forthcoming. He specifically plans to refine the definition of “artificial intelligence” to ensure clarity regarding the scope of the bill.
This discussion reflects a growing national conversation about the ethical and societal impacts of rapidly advancing AI technology. As AI becomes more integrated into daily life, lawmakers are seeking ways to balance innovation with consumer protection and openness.
Follow Ohio Capital Journal Reporter Nick Evans on X https://twitter.com/nckevns or on Bluesky https://bsky.app/profile/nckevns.bsky.social.