Part 1 – The 5th Amendment & Artificial Intelligence


Can your digital-self testify against or incriminate your physical self? Another problem on the near horizon as it relates to our freedoms and natural rights is the relationship between cloud-based systems that leverage artificial intelligence concepts and our 5th amendment rights. The 5th amendment simply stated means that you cannot testify against or incriminate yourself. My answer to this question is a firm No.

The basis for my hypothesis rests on the work of the father of Artificial Intelligence, Dr. Marvin Minsky at MIT. (266) I hypothesize the answer to this question is No because Dr. Minsky’s work in his book “The Emotion Machine” elegantly illustrates that humans have varying levels of mental activities all of which can be fed into prediction based machines.(267) Our instincts and learned reactions are each unique.(268) Our ability to deliberate and hold ideas in suspension while engaging in reflective thinking enables us to hone and sharpen our ideas and beliefs.(269) Our ability to reflect, both consciously and unconsciously allow what is most precious about being human to occur.(270) It enables our imagination.(271)

What is a human without an imagination?

Answer: A machine.

Since machines can be replicated and humans are not machines, but emotion machines.(272) Whether inside a digital system or in the physical world, nobody is quite like you. Thus my answer is firmly “No” to this question because after all we are still just humans.

This post concludes Part 1 of my blog.  Before moving ahead with Part 2, which addresses the nature of technology and governance as it relates to our rights. I am going to write a few posts in the “Thoughts” section of the blog that will illustrate for the reader how this piece of work came about that I believe is critically important for them to know.

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1 Response to Part 1 – The 5th Amendment & Artificial Intelligence

  1. Pingback: Thoughts – What do America’s top liberal legal scholars think about surveillance, governance, and their own ideas? | @The Heart of Big Brother

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