3.) We are seeing a terrifying trend where AI and tech are being weaponized by male-dominated online subcultures to enforce patriarchal control. If that sounds dramatic, let's look at the receipts. Deepfake technology gained notoriety through the creation of non-consensual sexual images of women. A recent investigation by the Tech Transparency Project found 102 "nudify" AI apps (which render people, often women, naked) hosted across Google Play and the Apple App Store. Those apps were downloaded more than 705 million times and generated $117 million in revenue. As the Tech Transparency Project wrote, "Because Google and Apple take a cut of that revenue, they are directly profiting from the activity of these apps" — meaning they are making money off the digital abuse and sexualization of women.
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These courts tend to frame the duty analysis in nakedly instrumental terms, as a matter of “whether the social benefits of imposing a duty outweigh the social costs of imposing a duty.”228 Defenders of the Palsgraf perspective are not amenable to this mode of analysis;229 after all, much of the early impetus for the Palsgraf perspective’s development was its aversion to collapsing duty analysis into a “blunderbuss” judicial weighing of social costs and benefits.230 Rather than reverse engineering conclusions about the duty of care by way of instrumental calculations about liability, defenders of the Palsgraf perspective believe that judges should closely examine the existing legal materials and the customary moral norms that they embody in order to discern whether those materials and norms are best understood to recognize that the defendant owes the plaintiff a duty.231 Conclusions about duty, so reached, should drive conclusions about liability rather than vice versa.